5
11-39-108
53G-7-224
72-7-111
WATER EFFICIENT LANDSCAPING REQUIREMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill addresses use of overhead spray irrigation.
Highlighted Provisions:
This bill:
defines terms;
restricts the use of overhead spray irrigation by certain governmental entities; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
11-39-108, Utah Code Annotated 1953
53G-7-224, Utah Code Annotated 1953
72-7-111, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section
11-39-108 is enacted to read:
11-39-108. Use of overhead spray irrigation.
(1)
As used in this section:
(a)
"Active recreation area" means an area of local entity property that is:
(i)
dedicated to active use; and
(ii)
installed or maintained on an area with a slope of not more than 25%.
(b)
"Active use" means regular use for playing, exercise, recreation, or regular outdoor
activities, such as:
(i)
a sports field;
(ii)
a social gathering area;
(iii)
an amphitheater;
(iv)
a park;
(v)
the playing area, including roughs, driving ranges, and chipping and putting
greens, of a golf course; or
(vi)
a cemetery.
(c)
"Great Salt Lake basin" means the area within:
(i)
the surveyed meander line of the Great Salt Lake;
(ii)
the drainage areas of the Bear River or the Bear River's tributaries;
(iii)
the drainage areas of Bear Lake or Bear Lake's tributaries;
(iv)
the drainage areas of the Weber River or the Weber River's tributaries;
(v)
the drainage areas of the Jordan River or the Jordan River's tributaries;
(vi)
the drainage areas of Utah Lake or Utah Lake's tributaries;
(vii)
other water drainages lying between the Bear River and the Jordan River that are
tributary to the Great Salt Lake and not included in the drainage areas described in
Subsections (1)(c)(ii) through (vi); and
(viii)
the drainage area of Tooele Valley.
(d)
"Landscaped area" means those portions of local entity property that are not, or will
not be, occupied by:
(i)
a permanent structure; or
(ii)
an impervious surface associated with vehicular or pedestrian access or use, such
as a driveway, sidewalk, or parking lot.
(e)
"Local entity property" means real property owned by a local entity.
(f)
"New construction" means a project for the construction of a public facility on local
entity property that includes a new or modified landscaped area of more than 7,500
square feet.
(g)
"Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(h)
"Parkstrip" means the area between the back of a curb or, if there is no curb, the edge
of pavement and the sidewalk.
(i)
"Public facility" means a building, structure, infrastructure, improvement, park,
playground, or other facility of a local entity.
(j)
"Reconstruction" means a project for renovation, alteration, improvement, or repair
of a public facility on local entity property that affects more than 25% of the
landscaped area existing before the reconstruction.
(2)
(a)
A local entity with local entity property within the Great Salt Lake basin that
undertakes new construction or reconstruction on the local entity property on or after
May 1, 2024, may not install, maintain, or use overhead spray irrigation in a
landscaped area of the local entity property unless the landscaped area is an active
recreation area.
(b)
A local entity may not install, maintain, or use overhead spray irrigation to irrigate
the following within an active recreation area described in Subsection (2)(a):
(i)
a park strip;
(ii)
an area with a width of less than eight feet; or
(iii)
in an area that is a planting bed.
(c)
A local entity may not treat local entity property as an active recreation area if the
area is sized larger than reasonably required for the anticipated use the area is
intended to accommodate.
Section 2, Section
53G-7-224 is enacted to read:
53G-7-224. Use of overhead spray irrigation.
(1)
As used in this section:
(a)
"Active recreation area" means an area of school property that is:
(i)
dedicated to active use; and
(ii)
installed or maintained on an area with a slope of not more than 25%.
(b)
"Active use" means regular use for playing, exercise, recreation, or regular outdoor
activities, such as:
(i)
a sports field;
(ii)
a social gathering area; or
(iii)
an amphitheater.
(c)
"Great Salt Lake basin" means the area within:
(i)
the surveyed meander line of the Great Salt Lake;
(ii)
the drainage areas of the Bear River or the Bear River's tributaries;
(iii)
the drainage areas of Bear Lake or Bear Lake's tributaries;
(iv)
the drainage areas of the Weber River or the Weber River's tributaries;
(v)
the drainage areas of the Jordan River or the Jordan River's tributaries;
(vi)
the drainage areas of Utah Lake or Utah Lake's tributaries;
(vii)
other water drainages lying between the Bear River and the Jordan River that are
tributary to the Great Salt Lake and not included in the drainage areas described in
Subsections (1)(c)(ii) through (vi); and
(viii)
the drainage area of Tooele Valley.
(d)
"Landscaped area" means those portions of school property that are not, or will not
be, occupied by:
(i)
a permanent structure; or
(ii)
an impervious surface associated with vehicular or pedestrian access or use, such
as a driveway, sidewalk, or parking lot.
(e)
"LEA" means:
(i)
a school district;
(ii)
a charter school, other than an online-only charter school; or
(iii)
the Utah Schools for the Deaf and the Blind.
(f)
"New construction" means a project for the construction of a public facility on school
property that includes a new or modified landscaped area of more than 7,500 square
feet.
(g)
"Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(h)
"Parkstrip" means the area between the back of a curb or, if there is no curb, the edge
of pavement and the sidewalk.
(i)
"Public facility" means a building, structure, infrastructure, improvement, sports
field, playground, or other facility of an LEA.
(j)
"Reconstruction" means a project for the renovation, alteration, improvement, or
repair of a public facility on school property that affects more than 25% of the
landscaped area existing before the reconstruction.
(k)
"School property" means real property owned by an LEA.
(2)
(a)
An LEA with school property within the Great Salt Lake basin that undertakes
new construction or reconstruction on the school property on or after May 1, 2024,
may not install, maintain, or use overhead spray irrigation in a landscaped area of the
school property unless the landscaped area is an active recreation area.
(b)
An LEA may not install, maintain, or use overhead spray irrigation to irrigate the
following within an active recreation area described in Subsection (2)(a):
(i)
a park strip;
(ii)
an area with a width of less than eight feet; or
(iii)
in an area that is a planting bed.
(c)
An LEA may not treat school property as an active recreation area if the area is sized
larger than reasonably required for the anticipated use the area is intended to
accommodate.
(3)
Nothing in this section:
(a)
requires an LEA to submit a land use application to a municipality or county to
landscape school property; or
(b)
authorizes a municipality or county to:
(i)
impose landscaping requirements on school property; or
(ii)
require an LEA to obtain approval for landscaping on school property.
Section 3, Section
72-7-111 is enacted to read:
72-7-111. Use of overhead spray irrigation.
(1)
As used in this section:
(a)
"Great Salt Lake basin" means the area within:
(i)
the surveyed meander line of the Great Salt Lake;
(ii)
the drainage areas of the Bear River or the Bear River's tributaries;
(iii)
the drainage areas of Bear Lake or Bear Lake's tributaries;
(iv)
the drainage areas of the Weber River or the Weber River's tributaries;
(v)
the drainage areas of the Jordan River or the Jordan River's tributaries;
(vi)
the drainage areas of Utah Lake or Utah Lake's tributaries;
(vii)
other water drainages lying between the Bear River and the Jordan River that are
tributary to the Great Salt Lake and not included in the drainage areas described in
Subsections (1)(a)(ii) through (vi); and
(viii)
the drainage area of Tooele Valley.
(b)
"Overhead spray irrigation" means above ground irrigation heads that spray water
through a nozzle.
(2)
Except as provided in Subsection (3), on land within the Great Salt Lake basin a
highway authority may not install, maintain, or allow for the installation or maintenance
by others of landscaping in a highway construction project commenced on or after May
1, 2024, that uses overhead spray irrigation within the portion of the highway:
(a)
located between the back of the curb on either side of the highway, including in a
median or roundabout; or
(b)
if there is no curb, between the shoulders contiguous to the traveled way, including
in a median or roundabout.
(3)
Subsection (2) does not prohibit the temporary use of overhead spray irrigation for the
period of time reasonably required to allow drought tolerant perennial plants to establish
a healthy root system.
Section 4.
Effective date.
This bill takes effect on May 1, 2024.