A Bill for an Act
Page 1, Line 101Concerning limiting the use of certain landscaping practices
Page 1, Line 102in new residential development.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
In the 2024 regular legislative session, the general assembly enacted Senate Bill 24-005, which:
- Prohibits a local entity, on and after January 1, 2026, from installing, planting, or placing, or allowing any person to install, plant, or place, any nonfunctional turf, artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on any portion of applicable property within the local entity's jurisdiction; and
- Requires a local entity, on or before January 1, 2026, to enact or amend ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects on applicable property in accordance with the new requirements.
For the purposes of Senate Bill 24-005, the bill expands the definition of "applicable property" to include residential real property that is used for apartment or condominium housing (applicable residential real property).
The bill also requires each local entity to enact or amend, on or before January 1, 2028, ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects within the local entity's jurisdiction to limit the installation of turf for all residential real property that is not applicable residential real property. Local entities must also impose limits on the installation of turf when enacting or amending ordinances, resolutions, regulations, or other laws on and after January 1, 2028.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 2, Line 3(a) As Colorado continues to grapple with the impacts of climate
Page 2, Line 4change, green urban spaces, such as urban tree canopies, are a vital
Page 2, Line 5adaptation tool for mitigating the impacts of climate change, especially
Page 2, Line 6for mitigating the urban heat island effect, which can increase energy costs, air pollution, and heat-related illnesses and deaths;
Page 2, Line 7(b) However, water supply in the western United States is increasingly scarce due to climate change and increasing demand;
Page 2, Line 8(c) Many communities in the state overuse nonnative grass for landscaping purposes, which requires large amounts of water to maintain;
Page 2, Line 9(d) While there are appropriate and important uses for turf,
Page 2, Line 10including for civic, community, or recreational purposes such as use in
Page 3, Line 1parks, sports fields, and playgrounds, much of the turf in the state is
Page 3, Line 2nonfunctional, located in areas that receive little, if any, use, and could be
Page 3, Line 3replaced with landscaping that adheres to water-wise landscaping
Page 3, Line 4principles without adversely impacting quality of life or landscape functionality;
Page 3, Line 5(e) Prohibiting the installation, planting, or placement of
Page 3, Line 6nonfunctional turf in multifamily property in the state can help conserve the state's water resources;
Page 3, Line 7(f) Requiring local governments to regulate turf in new residential properties can help preserve the limited water in our state;
Page 3, Line 8(g) Many communities and developments develop in a water-wise manner already and are appreciated; and
Page 3, Line 9(h) Installed vegetation that adheres to water-wise landscaping
Page 3, Line 10principles can help reduce outdoor demand for water while avoiding heat islands.
Page 3, Line 11(2) The general assembly therefore declares that preventing the
Page 3, Line 12installation, planting, or placement of nonfunctional turf, artificial turf, and invasive plant species in applicable property in the state is:
Page 3, Line 13(a) A matter of statewide concern; and
(b) In the public interest.
Page 3, Line 14SECTION 2. In Colorado Revised Statutes, 37-99-102, amend
Page 3, Line 15(1)(a)(II), (1)(a)(III), (7), and (17); repeal (1)(b); and add (1)(a)(IV), (1.5), (6.5), (10.5), (12.5), (14.5), and (18.5) as follows:
Page 3, Line 1637-99-102. Definitions. As used in this article 99, unless the context otherwise requires:
Page 3, Line 17(1) (a) "Applicable property" means:
Page 3, Line 18(II) Common interest community property;
orPage 4, Line 1(III) A street right-of-way, parking lot, median, or transportation corridor; or
Page 4, Line 2(IV) Applicable residential real property.
(b)
"Applicable property" does not include residential property.Page 4, Line 3(1.5) "Applicable residential real property" means a
Page 4, Line 4multifamily residentialhousing premises property that includes more than twelve dwelling units.
Page 4, Line 5(6.5) "Functional artificial turf" means artificial turf that is:
Page 4, Line 6(a) Located in a recreational use area or other space that
Page 4, Line 7is regularly used for civic, community, or recreational
Page 4, Line 8purposes, which may include a playground, a sports field, a picnic
Page 4, Line 9ground, an amphitheater, a portion of a park, and the playing
Page 4, Line 10area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough; or
Page 4, Line 11(b) A component of a product designed and approved by a
Page 4, Line 12professional engineer for civil infrastructure projects, including but not limited to:
Page 4, Line 13(I) Covers for solid waste facilities and brownfield sites; and
Page 4, Line 14(II) Revetments for slopes, channels, levees, and dams.
Page 4, Line 15(7) "Functional turf" means turf that is located in a recreational
Page 4, Line 16use area or other space that is regularly used for civic, community, or
Page 4, Line 17recreational purposes, which may include
playgrounds, sports fields,Page 4, Line 18
picnic grounds, amphitheaters, portions of parks, and the playing areas ofPage 4, Line 19
golf courses, such as driving ranges, chipping and putting greens, teePage 4, Line 20
boxes, greens, fairways, and roughsPage 5, Line 1picnic ground, an amphitheater, a portion of a park, and the
Page 5, Line 2playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough.
Page 5, Line 3(10.5) "Multifamily residential housing premises property"
Page 5, Line 4means common interest property such as entryways, parks, and other common elements as defined in section 38-33.3-103 (5).
Page 5, Line 5(12.5) "Nonfunctional artificial turf" means artificial turf that is not functional artificial turf.
Page 5, Line 6(14.5) "Residential real property" has the meaning set forth in section 39-1-102 (14.5).
Page 5, Line 7(17) "Turf"
has the meaning set forth in section 37-60-135 (2)(i)Page 5, Line 8means continuous plant coverage consisting of nonnative
Page 5, Line 9grasses or grasses that have not been hybridized for arid
Page 5, Line 10conditions and which, when regularly mowed, form a densegrowth of leaf blades and roots.
Page 5, Line 11(18.5) "Urban tree" means a perennial woody plant with a
Page 5, Line 12single or multiple trunks that support a canopy of branches and
Page 5, Line 13leaves and that provides ecological, social, and economic benefits within a built environment.
Page 5, Line 14SECTION 3. In Colorado Revised Statutes, 37-99-103, amend
Page 5, Line 15(1), (3), (4)(a), (4)(b), (4)(d), and (4)(e); and add (4)(f) and (5) as follows:
Page 5, Line 1637-99-103. Prohibition of nonfunctional turf, nonfunctional
Page 5, Line 17artificial turf, and invasive plant species - local entities - construction
Page 5, Line 18or renovation of state facilities. (1) On and after January 1, 2026, a
Page 5, Line 19local entity shall not install, plant, or place, or allow any person to install,
Page 5, Line 20plant, or place, any nonfunctional turf, nonfunctional artificial turf, or
Page 6, Line 1invasive plant species, as part of a new development project or
Page 6, Line 2redevelopment project, on any portion of applicable property within the local entity's jurisdiction.
Page 6, Line 3(3) The department shall not install, plant, or place, or allow any
Page 6, Line 4person to install, plant, or place, any nonfunctional turf, nonfunctional
Page 6, Line 5artificial turf, or invasive plant species as part of a project for the
Page 6, Line 6construction or renovation of a state facility, which project design commences on or after January 1, 2025.
Page 6, Line 7(4) Nothing in this section prohibits:
Page 6, Line 8(a) A local entity from maintaining, or allowing any person to
Page 6, Line 9maintain, any nonfunctional turf, nonfunctional artificial turf,
Page 6, Line 10artificial turf, or invasive plant species installed, planted, or placed before January 1, 2026;
Page 6, Line 11(b) The department from maintaining, or allowing any person to
Page 6, Line 12maintain, any nonfunctional turf, nonfunctional artificial turf,
Page 6, Line 13artificial turf, or invasive plant species installed, planted, or placed at a state facility before January 1, 2025;
Page 6, Line 14(d) A local entity or the department from establishing prohibitions
Page 6, Line 15on, or requirements for, nonfunctional turf, artificial turf, or invasive
Page 6, Line 16plant species that are more stringent than the requirements of this section;
orPage 6, Line 17(e) A local entity or the department from installing, or allowing
anyPage 6, Line 18(f) A local entity or the department from installing or preserving urban trees.
Page 6, Line 19(5) (a) On and after January 1, 2028, a local entity shall
Page 6, Line 20not install, plant, or place, or allow a person to install, plant,
Page 7, Line 1or place, any nonfunctional turf,nonfunctionalartificial turf,
Page 7, Line 2or invasive plant species, as part of a new development project
Page 7, Line 3or redevelopment project, on any portion of applicable
Page 7, Line 4properties that include multifamily residential housing premises property.
Page 7, Line 5(b) Notwithstanding any provision of this section to the
Page 7, Line 6contrary, a local entity or the department shall not restrict
Page 7, Line 7a person from installing or allowing another person to install grass seed or sod that:
Page 7, Line 8(I) Is a native plant;
(II) Has been hybridized for arid conditions; or
Page 7, Line 9(III) Is a low-water grass.
Page 7, Line 10(c) On or before January 1, 2028, each local entity with
Page 7, Line 11land use planning and zoning authority shall enact or amend
Page 7, Line 12ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects to:
Page 7, Line 13(I) Regulate the installation of nonfunctional turf in
Page 7, Line 14order to reduce irrigation water demand on applicable property in accordance with the requirements of this section; and
Page 7, Line 15(II) Include consideration of applicable residential real property.
Page 7, Line 16SECTION 4. In Colorado Revised Statutes, add 37-99-104 as follows:
Page 7, Line 1737-99-104. Regulation of turf in new residential property -
Page 7, Line 18local entities - exemptions. (1) On or before January 1, 2028, each
Page 7, Line 19local entitywith land use planning and zoning authority shall
Page 7, Line 20enact or amend ordinances, resolutions, regulations, or other
Page 8, Line 1laws regulating new development projects and redevelopment
Page 8, Line 2projects within the local entity's jurisdiction to regulate the
Page 8, Line 3installation of turf to reduce irrigation water demand for all
Page 8, Line 4residential real property that is not applicable residential real property.
Page 8, Line 5(2) On and after January 1, 2028, when enacting or
Page 8, Line 6amending ordinances, resolutions, regulations, or other laws
Page 8, Line 7regulating new development projects and redevelopment
Page 8, Line 8projects, each local entity with land use planning and zoning
Page 8, Line 9authority shall regulate the installation of turf to reduce
Page 8, Line 10irrigation water demand for all residential real property that is not applicable residential real property.
Page 8, Line 11(3) Each local entity with land use planning and zoning
Page 8, Line 12authority may choose the standard or mechanism by which it
Page 8, Line 13regulates turf in new development projects and redevelopment projects of residential real property pursuant to this section.
Page 8, Line 14(4) Notwithstanding any provision of this section to the
Page 8, Line 15contrary, neither a local entity nor the department shall
Page 8, Line 16restrict a person from installing or allowing another person to install grass seed or sod that:
Page 8, Line 17(a) Is a native plant;
(b) Has been hybridized for arid conditions; or
Page 8, Line 18(c) Is a low-water grass.
Page 8, Line 19SECTION 5. Act subject to petition - effective date. This act
Page 8, Line 20takes effect at 12:01 a.m. on the day following the expiration of the
Page 8, Line 21ninety-day period after final adjournment of the general assembly; except
Page 8, Line 22that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 9, Line 1of the state constitution against this act or an item, section, or part of this
Page 9, Line 2act within such period, then the act, item, section, or part will not take
Page 9, Line 3effect unless approved by the people at the general election to be held in
Page 9, Line 4November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.