57-8a-231. Water wise landscaping

(1) As used in this section:
      (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed grasses.
      (b) "Mulch" means material such as rock, bark, wood chips, or other materials left loose and applied to the soil.
      (c) "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.
      (d)(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.
            (ii) "Vegetative coverage" does not mean the ground level surface area covered by the exposed leaf area of a tree or trees.
      (e) "Water wise landscaping" means any or all of the following:
            (i) installation of plant materials suited to the microclimate and soil conditions that can:
                  (A) remain healthy with minimal irrigation once established; or
                  (B) be maintained without the use of overhead spray irrigation;
            (ii) use of water for outdoor irrigation through proper and efficient irrigation design and water application; or
            (iii) the use of other landscape design features that:
                  (A) minimize the need of the landscape for supplemental water from irrigation;
                  (B) reduce the landscape area dedicated to lawn or turf; or
                  (C) encourage vegetative coverage.
      (f) "Water wise plant material" means a plant material suited to water wise landscaping as defined in this section.

(2) An association may not enact or enforce a governing document that prohibits, or has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise landscaping on the property owner's property.

(3)(a) Subject to Subsection (3)(b), Subsection (2) does not prohibit an association from requiring a property owner to:
            (i) comply with a site plan review or other review process before installing water wise landscaping;
            (ii) maintain plant material in a healthy condition; and
            (iii) follow specific water wise landscaping design requirements adopted by the association including a requirement that:
                  (A) restricts or clarifies the use of mulches considered detrimental to the association's operations; and
                  (B) restricts or prohibits the use of specific plant materials other than water wise plant materials.
      (b) An association may not require a property owner to:
            (i) install or keep in place lawn or turf in an area with a width less than eight feet; or
            (ii) have more than 50% vegetative coverage, that is not water wise landscaping, on the property owner's property.


 Enacted 2022, ch. 230, eff. May 4, 2022.  Amended: 2023, ch. 199, eff. May 3, 2023.


Print   Email

Questions and Answers

Have questions about a statute? Ask it and an experienced Utah HOA attorney will answer it, plus see all the previous questions and answers.

Only members may post and view questions and answers. Join us by subscribing today!

Key Concepts explained

The index is the main hub of the site, where key concepts are explained

The 6 resolutions & 5 forms every HOA should have

Procedures required by law, updated as the laws change yearly, so your HOA is always in compliance. Plus other policy resolutions
*Prudent-Legal plan only

Step-by-Step Guides

Guides to walk board through owner requests for: records, assistance animal (disability), satellite dish, solar device. Avoid violating federal and Utah law!
Guides to walk a homeowner through making request for records and to keep an assistance animal for a person with a disability.

2 Hours Attorney Time

Counsel from a Utah HOA specialist attorney
*Prudent-Legal plan only

Q & A

Have questions about a statute? Ask it and an experienced HOA attorney will answer it. Plus, see all the other Q & A.

Legal Updates

Stay informed! Get updates of new HOA laws with explanations of how they affect your community and what to do to comply and minimize risk.

Tools to help you understand the law

Key words defined in hovercards, powerful search, comments, footnotes, tags, explanations and case law summaries

Plus more!