HB 328 — Water Usage Modifications

HB0328S02 compared with HB0328S01HB0328 {Omitted text} shows text that was in HB0328S01HB0328 but was omitted in HB0328S02 inserted text shows text that was not in HB0328S01HB0328 but was inserted into HB0328S02 DISCLAIMER:

▸ {directs } permits municipalities and counties to {take certain actions related to land use regulation including providing } provide notice of {the } a prohibition on the use of overhead irrigationirrigationunder under certain circumstances;

and ▸ prohibits an owner of specified land who undertakes new development or redevelopmentHofredevelopment of specified land from using overhead irrigation under certain circumstances, with exceptions.exceptionsH Money Appropriated in this Bill:

MoneyB AppropriatedNone in3 thisOther Bill:Special Clauses:

B2 NoneHB0328 2compared Otherwith SpecialHB0328S02 Clauses:This bill provides a special effective date.

8Utah SCode ThisSections billAffected: provides a special effective date.

1 HB0328S01 compared with HB0328S02 Utah Code Sections Affected:

and - 2 - HB0328 compared with HB0328S02 (D) is watered to the plant's needs and does not require overhead spray irrigation unless the overhead spray irrigation system has activated weather or soil based monitoring technology.

- 2 - HB0328S01 compared with HB0328S02 (e) "Great Salt Lake drainage" means the area within:

and} } {(iii) {includes one or more of the following that is:} } {(A) {installed within a highway median;} } {(B) {restricted by a physical barrier that prohibits accessibility;} } {(C) {not used as an outdoor activity area;} } - 3 - HB0328 compared with HB0328S02 {(D) {an area with a slope greater than 25%;} } {(E) {installed in a park strip;} } - 3 - HB0328S01 compared with HB0328S02 {(F) {installed in a parking lot island;} } {(G) {installed in the frontage of a commercial, industrial, or institutional property;

or - 4 - HB0328 compared with HB0328S02 (G) landscaping in a highway construction project governed by Section 72-7-112.

- 4 - HB0328S01 compared with HB0328S02 {(i) {forms a maintained ground cover for active use or aesthetic purposes;

and (iii){(2) is} closely{(a) mowed,{A managedmunicipality grasses.shall:} } {(i) {require an owner of specified land to comply with Subsection (3) as a condition of:} } {(A) {approval of a land use application;

or} } {(B) {issuance of a land use permit;

and} } (iii) is closely mowed, managed grasses.

(2) (a)(ii){(a)} A municipality {shall } may include a notice on or with a land use approval or land use permit for specified land stating, "Section 10-20-625 of the Utah Code may prohibit the use of overhead spray irrigation for your project to irrigate {nonfunctional } turfturfthat that is not functional turfunlessturf unless the overhead spray irrigation system has activated weather or soil based monitoring technology." (b) A municipality is encouraged to:

(3) - 5 - HB0328 compared with HB0328S02 (a) An owner of specified land who undertakes new development or redevelopment of the specified land on or after January 1, {2027} 2028, may not install, maintain, or use overhead spray irrigation unless the overhead spray irrigation system has activated weather or soil based monitoring technology to irrigate {nonfunctional } turf that is not functional turf in a landscaped area of the specified land.

- 5 - HB0328S01 compared with HB0328S02 Section 2.

and - 6 - HB0328 compared with HB0328S02 (D) is watered to the plant's needs and does not require overhead spray irrigation unless the overhead spray irrigation system has activated weather or soil based monitoring technology.

- 6 - HB0328S01 compared with HB0328S02 (vi) the drainage areas of Utah Lake or Utah Lake's tributaries;

and} } {(iii) {includes one or more of the following that is:} } {(A) {installed within a highway median;} } {(B) {restricted by a physical barrier that prohibits accessibility;} } {(C) {not used as an outdoor activity area;} } - 7 - HB0328 compared with HB0328S02 {(D) {an area with a slope greater than 25%;} } {(E) {installed in a park strip;} } {(F) {installed in a parking lot island;} } {(G) {installed in the frontage of a commercial, industrial, or institutional property;

and} } {(ii) {installed or maintained on an area with a slope of not more than 25%.} } - 7 - HB0328S01 compared with HB0328S02 (m){(j)} "Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.

or - 8 - HB0328 compared with HB0328S02 (G) landscaping in a highway construction project governed by Section 72-7-112.

and (iii){(2) is} closely{(a) mowed,{A managedcounty grasses.shall:} } {(i) {require an owner of specified land to comply with Subsection (3) as a condition of:} } {(A) {approval of a land use application;

or} } {(B) {issuance of a land use permit;

and} } (iii) is closely mowed, managed grasses.

- 8 - HB0328S01 compared with HB0328S02 (i) a weather-based irrigation controller that uses local weather and landscape conditions to tailor watering schedules;

(2) (a)(ii){(a)} A county {shall } may include a notice on or with a land use approval or land use permit for specified land stating, "Section 17-79-621 of the Utah Code may prohibit the use of overhead spray irrigation for your project to irrigate {nonfunctional } turfturfthat that is not functional turfunlessturf unless the overhead spray irrigation system has activated weather or soil based monitoring technology." (b) A county is encouraged to:

(3) - 9 - HB0328 compared with HB0328S02 (a) An owner of specified land who undertakes new development or redevelopment of the specified land on or after January 1, {2027} 2028, may not install, maintain, or use overhead spray irrigation unless the overhead spray irrigation system has activated weather or soil based monitoring technology to irrigate {nonfunctional } turf that is not functional turf in a landscaped area of the specified land.

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