HB 328

03-06 09:39  2nd Sub. (Gray) H.B. 328
                         Keven J. Stratton proposes the following substitute bill:
1Water Usage Modifications
                                       2026 GENERAL SESSION
                                             STATE OF UTAH
                                 Chief Sponsor: Clinton D. Okerlund
                                  Senate Sponsor: Michael K. McKell
2
3   LONG TITLE
4   General Description:
5This bill addresses the use of overhead spray irrigation to irrigate turf that is not functional
6   turf.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ permits municipalities and counties to provide notice of a prohibition on the use of
11   overhead irrigation under certain circumstances;
12▸ encourages municipalities and counties to take certain actions related to land use
13   regulation; and
14▸ prohibits an owner of specified land who undertakes new development or redevelopment
15   of specified land from using overhead irrigation under certain circumstances, with
16   exceptions.
17   Money Appropriated in this Bill:
                                                                                                         2nd Sub. H.B. 328
18None
19   Other Special Clauses:
20This bill provides a special effective date.
21   Utah Code Sections Affected:
22   ENACTS:
2310-20-625, Utah Code Annotated 1953
2417-79-621, Utah Code Annotated 1953
25
26   Be it enacted by the Legislature of the state of Utah:
27Section 1. Section 10-20-625 is enacted to read:
2810-20-625 . Regulation of use of overhead spray irrigation.
2nd Sub. (Gray) H.B. 328  03-06 09:39
29   (1) As used in this section:
30(a) "Active use" means regular use for a community purpose, playing, exercise,
31recreation, or regular outdoor activities, such as:
32(i) a sports field;
33(ii) a social gathering area;
34(iii) an amphitheater;
35(iv) a park;
36(v) the playing area, including a rough, driving range, or chipping or putting green of
37a golf course; or
38(vi) a cemetery.
39(b) "Agricultural land" means "land in agricultural use" as defined in Section 59-2-502.
40(c) "Common interest community" means the same as that term is defined in Section
4157-25-102.
42(d) "Functional turf" means turf that:
43(i) is dedicated to active use; or
44(ii)(A) is installed or maintained on an area with a slope of not more than 25%;
45(B) is at least eight feet wide at the turf's narrowest point;
46(C) is a native plant, has been hybridized for arid conditions, or has been
47designated as low water use by the Utah State University Extension; and
48(D) is watered to the plant's needs and does not require overhead spray irrigation
49unless the overhead spray irrigation system has activated weather or soil based
50monitoring technology.
51(e) "Great Salt Lake drainage" means the area within:
52(i) the surveyed meander line of the Great Salt Lake;
53(ii) the drainage areas of the Bear River or the Bear River's tributaries;
54(iii) the drainage areas of Bear Lake or Bear Lake's tributaries;
55(iv) the drainage areas of the Weber River or the Weber River's tributaries;
56(v) the drainage areas of the Jordan River or the Jordan River's tributaries;
57(vi) the drainage areas of Utah Lake or Utah Lake's tributaries;
58(vii) other water drainages lying between the Bear River and the Jordan River that are
59tributary to the Great Salt Lake and not included in the drainage areas described in
60Subsections (1)(e)(ii) through (vi); and
61(viii) the drainage area of Tooele Valley.
62(f) "Landscaped area" means those portions of specified land that are not, or will not be,
                                                 -2-
03-06 09:39  2nd Sub. (Gray) H.B. 328
63occupied by:
64(i) a permanent structure; or
65(ii) an impervious surface associated with vehicular or pedestrian access or use, such
66as a driveway, sidewalk, or parking lot.
67      (g) "Land use application" means the same as that term is defined in Section 10-20-102.
68      (h) "Land use permit" means the same as that term is defined in Section 10-20-102.
69      (i) "New development" means a project for the conversion in use of previously
70undeveloped land into a developed state.
71      (j) "Overhead spray irrigation" means above ground irrigation heads that spray water
72through a nozzle.
73      (k) "Redevelopment" means a project for renovation, alteration, improvement, or repair
74of developed land that affects more than 25% of the landscaped area existing before
75the redevelopment.
76      (l)(i) Subject to Subsection (1)(l)(ii), "specified land" means real property within the
77Great Salt Lake drainage on which the owner proposes new development or
78redevelopment, including real property:
79(A) in a common interest community; or
80(B) in a commercial, industrial, institutional, mixed use, or multifamily project.
81(ii) "Specified land" does not mean:
82(A) agricultural land;
83(B) a landscaped area within a common interest community that is not a common
84area;
85(C) new development or redevelopment of a single-family detached residential
86dwelling;
87(D) local entity property as defined in Section 11-39-108;
88(E) school property as defined in Section 53G-7-225;
89(F) state government grounds as defined in Section 63A-5b-1108; or
90(G) landscaping in a highway construction project governed by Section 72-7-112.
91      (m) "Turf" means a natural living ground cover that:
92(i) produces a dense cover of contiguous plant coverage and an interconnected
93subsurface root network;
94(ii) is installed or maintained on nonagricultural land; and
95(iii) is closely mowed, managed grasses.
96      (n) "Weather or soil based monitoring technology" means one of the following
                                                -3-
 2nd Sub. (Gray) H.B. 328  03-06 09:39
97technologies that allow watering schedules to better match a plant's water needs:
98(i) a weather-based irrigation controller that uses local weather and landscape
99conditions to tailor watering schedules; or
100(ii) a soil moisture-based irrigation controller or soil moisture sensor that monitors
101moisture levels in the soil to prevent irrigation when water is not needed.
102   (2)(a) A municipality may include a notice on or with a land use approval or land use
103permit for specified land stating, "Section 10-20-625 of the Utah Code may prohibit
104the use of overhead spray irrigation for your project to irrigate turf that is not
105functional turf unless the overhead spray irrigation system has activated weather or
106soil based monitoring technology."
107(b) A municipality is encouraged to:
108(i) review and either approve or disapprove a plan for new development or
109redevelopment of specified land with turf that is not functional turf for which the
110municipality approves a land use application or issues a land use permit;
111(ii) inspect specified land for compliance with this section upon completion of new
112development or redevelopment; and
113(iii) address noncompliance with this section.
114   (3)(a) An owner of specified land who undertakes new development or redevelopment
115of the specified land on or after January 1, 2028, may not install, maintain, or use
116overhead spray irrigation unless the overhead spray irrigation system has activated
117weather or soil based monitoring technology to irrigate turf that is not functional turf
118in a landscaped area of the specified land.
119(b) This Subsection (3) does not prohibit an owner from using a reasonable amount of
120water to spray a landscaped area for a non-irrigation purpose, such as dust control for
121a specific event.
122   (4) This section does not apply to a business activity regulated under Title 40, Mines and
123Mining.
124Section 2. Section 17-79-621 is enacted to read:
12517-79-621 . Regulation of use of overhead spray irrigation.
126   (1) As used in this section:
127(a) "Active use" means regular use for a community purpose, playing, exercise,
128recreation, or regular outdoor activities, such as:
129(i) a sports field;
130(ii) a social gathering area;
                                                  -4-
 03-06 09:39  2nd Sub. (Gray) H.B. 328
131(iii) an amphitheater;
132(iv) a park;
133(v) the playing area, including a rough, driving range, or chipping or putting green of
134a golf course; or
135(vi) a cemetery.
136      (b) "Agricultural land" means "land in agricultural use" as defined in Section 59-2-502.
137      (c) "Common interest community" means the same as that term is defined in Section
13857-25-102.
139      (d) "Functional turf" means turf that:
140(i) is dedicated to active use; or
141(ii)(A) is installed or maintained on an area with a slope of not more than 25%;
142(B) is at least eight feet wide at the turf's narrowest point;
143(C) is a native plant, has been hybridized for arid conditions, or has been
144designated as low water use by the Utah State University Extension; and
145(D) is watered to the plant's needs and does not require overhead spray irrigation
146unless the overhead spray irrigation system has activated weather or soil based
147monitoring technology.
148      (e) "Great Salt Lake drainage" means the area within:
149(i) the surveyed meander line of the Great Salt Lake;
150(ii) the drainage areas of the Bear River or the Bear River's tributaries;
151(iii) the drainage areas of Bear Lake or Bear Lake's tributaries;
152(iv) the drainage areas of the Weber River or the Weber River's tributaries;
153(v) the drainage areas of the Jordan River or the Jordan River's tributaries;
154(vi) the drainage areas of Utah Lake or Utah Lake's tributaries;
155(vii) other water drainages lying between the Bear River and the Jordan River that are
156tributary to the Great Salt Lake and not included in the drainage areas described in
157Subsections (1)(e)(ii) through (vi); and
158(viii) the drainage area of Tooele Valley.
159      (f) "Landscaped area" means those portions of specified land that are not, or will not be,
160occupied by:
161(i) a permanent structure; or
162(ii) an impervious surface associated with vehicular or pedestrian access or use, such
163as a driveway, sidewalk, or parking lot.
164      (g) "Land use application" means the same as that term is defined in Section 17-79-102.
                                                  -5-
 2nd Sub. (Gray) H.B. 328  03-06 09:39
165      (h) "Land use permit" means the same as that term is defined in Section 17-79-102.
166      (i) "New development" means a project for the conversion in use of previously
167undeveloped land into a developed state.
168      (j) "Overhead spray irrigation" means above ground irrigation heads that spray water
169through a nozzle.
170      (k) "Redevelopment" means a project for renovation, alteration, improvement, or repair
171of developed land that affects more than 25% of the landscaped area existing before
172the redevelopment.
173      (l)(i) Subject to Subsection (1)(l)(ii), "specified land" means real property within the
174Great Salt Lake drainage on which the owner proposes new development or
175redevelopment, including real property:
176(A) in a common interest community; or
177(B) in a commercial, industrial, institutional, mixed use, or multifamily project.
178(ii) "Specified land" does not mean:
179(A) agricultural land;
180(B) a landscaped area within a common interest community that is not a common
181area;
182(C) new development or redevelopment of a single-family detached residential
183dwelling;
184(D) local entity property as defined in Section 11-39-108;
185(E) school property as defined in Section 53G-7-225;
186(F) state government grounds as defined in Section 63A-5b-1108; or
187(G) landscaping in a highway construction project governed by Section 72-7-112.
188      (m) "Turf" means a natural living ground cover that:
189(i) produces a dense cover of contiguous plant coverage and an interconnected
190subsurface root network;
191(ii) is installed or maintained on nonagricultural land; and
192(iii) is closely mowed, managed grasses.
193      (n) "Weather or soil based monitoring technology" means one of the following
194technologies that allow watering schedules to better match a plant's water needs:
195(i) a weather-based irrigation controller that uses local weather and landscape
196conditions to tailor watering schedules; or
197(ii) a soil moisture-based irrigation controller or soil moisture sensor that monitors
198moisture levels in the soil to prevent irrigation when water is not needed.
                                                 -6-
 03-06 09:39  2nd Sub. (Gray) H.B. 328
199   (2)(a) A county may include a notice on or with a land use approval or land use permit
200for specified land stating, "Section 17-79-621 of the Utah Code may prohibit the use
201of overhead spray irrigation for your project to irrigate turf that is not functional turf
202unless the overhead spray irrigation system has activated weather or soil based
203monitoring technology."
204(b) A county is encouraged to:
205(i) review and either approve or disapprove a plan for new development or
206redevelopment of specified land with turf that is not functional turf for which the
207county approves a land use application or issues a land use permit;
208(ii) inspect specified land for compliance with this section upon completion of new
209development or redevelopment; and
210(iii) address noncompliance with this section.
211   (3)(a) An owner of specified land who undertakes new development or redevelopment
212of the specified land on or after January 1, 2028, may not install, maintain, or use
213overhead spray irrigation unless the overhead spray irrigation system has activated
214weather or soil based monitoring technology to irrigate turf that is not functional turf
215in a landscaped area of the specified land.
216(b) This Subsection (3) does not prohibit an owner from using a reasonable amount of
217water to spray a landscaped area for a non-irrigation purpose, such as dust control for
218a specific event.
219   (4) This section does not apply to a business activity regulated under Title 40, Mines and
220Mining.
221Section 3. Effective Date.
222   This bill takes effect on May 5, 2027.
                                                   -7-