1. (a) General provisions are related statutes, regulations, and other considerations for landscape projects subject to the MWELO as described in Section 491. Sections 490.1(a)(3) and (4) should be reviewed to determine applicability.

   1. (1) Designation of Responsibility. A local agency may, by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this model ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this model ordinance.
   2. (2) Water Waste Prevention. Local agencies shall prevent water waste resulting from inefficient landscape irrigation. Penalties for violation of these prohibitions shall be established locally.

   3. (3) Recycled Water.

      1. (A) All recycled water use is subject to applicable provisions of the California Code of Regulations (Cal. Code Regs.), Titles 17 and 22, the California Plumbing Code (Cal. Code Regs., Title 24, Part 5, Chapter 15), and all applicable local and State laws.
      2. (B) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
      3. (C) Landscape areas using recycled water are considered Special Landscape Areas, as defined in Section 490.2(a)(79).

   4. (4) Gray water Systems. All gray water systems are required to conform to the California Plumbing Code (Cal. Code Regs., Title 24, Part 5, Chapter 15) and any applicable local ordinance standards.

      1. (A) Gray water systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation.
      2. (B) For projects using treated or untreated gray water, any lot or parcel within the project that has less than 2,500 sq. ft. of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with gray water is subject only to Section 492(c)(2).

   5. (5) Stormwater Management and Rainwater Retention.

      1. (A) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.
      2. (B) All nonpotable rainwater catchment systems are required to conform to the California Plumbing Code (Cal. Code Regs., Title 24, Part 5, Chapter 16).
      3. (C) All landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 493.1.
      4. (D) For projects using rainwater captured on site, any lot or parcel within the project that has less than 2,500 sq. ft. of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely through stored rainwater captured on site is subject only to Section 492(c)(2).

      5. (E) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either:

         1. 1. the one inch, 24-hour rain event, or
         2. 2. the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

      6. (F) It is recommended that landscape projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

         1. 1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
         2. 2. Minimize the area of impervious surfaces such as paved areas, roofs, and concrete driveways.
         3. 3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
         4. 4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.
         5. 5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
         6. 6. Incorporate infiltration beds, swales, basins, and drywells to capture storm water and dry weather runoff and increase percolation into the soil.
         7. 7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

   6. (6) Fire Safe Landscaping.

      1. (A) A landscape design plan for development and construction in Local Responsibility Areas designated as Very High Fire Hazard Severity Zones and areas designated by the Board of Forestry and Fire Protection as State Responsibility Areas are required to comply with the California Fire Code (Cal. Code Regs., Title 24, Part 9, Chapter 49) “Requirements for Wildland-Urban Interface Fire Areas.”

      2. (B) Public Resources Code section 4291(a) and (b) describes the requirements for a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material to address fire safety and prevention by maintaining a defensible space or zone around a building or structure.

         1. 1. Avoid fire-prone plant materials and highly flammable mulches.
      3. (C) Local Fuel Modification Plan guidelines may prescribe additional requirements per Public Resources Code section 4291(a) and (b).

   7. (7) Plant Selection.

      1. (A) Any plant may be selected for the landscape project provided that the requirements of the selected compliance option are met.
      2. (B) Select trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area.

      3. (C) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

         1. 1. Pursuant to Food and Agricultural Code section 52334, the declaration of a plant, seed, nursery stock, or crop as invasive is a power reserved for the Secretary of the California Department of Food and Agriculture.
   8. (8) The architectural guidelines of a common interest development, which include community apartment projects, condominium projects, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group (Civil Code sections 4100 and 4735).
   9. (9) Environmental Review. The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate.
   10. (10) Penalties. A local agency may establish and administer penalties to the project applicant for non-compliance with the MWELO to the extent permitted by law.

   11. (11) Public Education. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community.

       1. (A) A local agency or water supplier/purveyor shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

   12. (12) Model Homes. All model homes that are landscaped shall display signs that provide information demonstrating the principles of water efficient landscapes described in this model ordinance.

       1. (A) Signs shall be used to identify the model home as an example of a water efficient landscape. Signage shall include:

          1. 1. fundamental water efficient landscape elements such as hydrozones, irrigation equipment, native plants, gray water systems, rainwater catchment systems, and other elements as applicable that contribute to the overall water efficient theme.
          2. 2. information about the site water use budget as designed per the local ordinance; specify who designed and installed the water efficient landscape.
       2. (B) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

Note: Authority cited: Sections 65596 and 65596.5, Government Code. Reference: Sections 65593, 65596 and 65596.5, Government Code.

History

1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).

2. Amendment of section and Note filed 9-15-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).

3. Repealer and new section filed 1-2-2025; operative 1-2-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 1).