1. (1) As used in this section:

   1. (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses.
   2. (b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.
   3. (c) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.
   4. (d) "Private landscaping plan" means the same as that term is defined in Section 17-79-707.

   5. (e)

      1. (i) "Vegetative coverage" means the ground level surface area covered by the exposed leaf area of a plant or group of plants at full maturity.
      2. (ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.

   6. (f) "Water wise landscaping" means any or all of the following:

      1. (i) installation of plant materials suited to the microclimate and soil conditions that can:

         1. (A) remain healthy with minimal irrigation once established; or
         2. (B) be maintained without the use of overhead spray irrigation;
      2. (ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or

      3. (iii) the use of other landscape design features that:

         1. (A) minimize the need of the landscape for supplemental water from irrigation; or
         2. (B) reduce the landscape area dedicated to lawn or turf.
   7. (g) "Wildland-urban interface" means the same as that term is defined in the edition of the International Wildland Urban Interface Code adopted under Section 15A-2-103.
2. (2) A county may not enact or enforce a land use regulation, or adopt or enforce a policy, that prohibits, or has the effect of prohibiting, a property owner from incorporating water wise landscaping on the property owner's property.

3. (3)

   1. (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a county from requiring a property owner to:

      1. (i) comply with a site plan review, private landscaping plan review, or other review process before installing water wise landscaping;
      2. (ii) maintain plant material in a healthy condition; and

      3. (iii) follow specific water wise landscaping design requirements adopted by the county, including a requirement that:

         1. (A) restricts or clarifies the use of mulches considered detrimental to county operations;
         2. (B) imposes minimum or maximum vegetative coverage standards; or
         3. (C) restricts or prohibits the use of specific plant materials.
   2. (b) A county may not require a property owner to install or keep in place lawn or turf in an area with a width less than eight feet.
4. (4) A county may require a seller of a newly constructed residence within the unincorporated area of the county to inform the first buyer of the newly constructed residence of a county ordinance requiring water wise landscaping.
5. (5) A county shall report to the Division of Water Resources the existence, enactment, or modification of an ordinance, resolution, or policy that implements regional-based water use efficiency standards established by the Division of Water Resources by rule under Section 73-10-37.

6. (6) A county may not enact or enforce a land use regulation, or adopt or enforce a policy, that prohibits, or has the effect of prohibiting, a property owner from removing vegetation from a portion of the property owner's property:

   1. (a) that is within a designated wildland-urban interface area; and
   2. (b) where removal is required to comply with the defensible space requirements of the edition of the International Wildland Urban Interface Code adopted under Section 15A-2-103.
7. (7) A county may enforce a county landscaping ordinance in compliance with this section.

Amended by Chapter 79, 2026 General Session