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.
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), and (17); repeal (1)(b); and add (1)(a)(IV), (1.5), (10.5), (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(10.5) "Multifamily residential housing premises property"
Page 4, Line 6means common interest property such as entryways, parks, and other common elements as defined in section 38-33.3-103 (5).
Page 4, Line 7(14.5) "Residential real property" has the meaning set forth in section 39-1-102 (14.5).
Page 4, Line 8(17) "Turf"
has the meaning set forth in section 37-60-135 (2)(i)Page 4, Line 9means continuous plant coverage consisting of nonnative
Page 4, Line 10grasses or grasses that have not been hybridized for arid
Page 4, Line 11conditions and which, when regularly mowed, form a densegrowth of leaf blades and roots.
Page 4, Line 12(18.5) "Urban tree" means a perennial woody plant with a
Page 4, Line 13single or multiple trunks that support a canopy of branches and
Page 4, Line 14leaves and that provides ecological, social, and economic benefits within a built environment.
Page 4, Line 15SECTION 3. In Colorado Revised Statutes, 37-99-103, amend(4)(d) and (4)(e); and add (4)(f) and (5) as follows:
Page 4, Line 1637-99-103. Prohibition of nonfunctional turf, artificial turf,
Page 4, Line 17and invasive plant species - local entities - construction or renovation of state facilities. (4) Nothing in this section prohibits:
Page 4, Line 18(d) A local entity or the department from establishing prohibitions
Page 5, Line 1on, or requirements for, nonfunctional turf, artificial turf, or invasive
Page 5, Line 2plant species that are more stringent than the requirements of this section;
orPage 5, Line 3(e) A local entity or the department from installing, or allowing
anyPage 5, Line 4(f) A local entity or the department from installing or preserving urban trees.
Page 5, Line 5(5) (a) On and after January 1, 2028, a local entity shall
Page 5, Line 6not install, plant, or place, or allow a person to install, plant,
Page 5, Line 7or place, any nonfunctional turf, artificial turf, or invasive
Page 5, Line 8plant species, as part of a new development project or
Page 5, Line 9redevelopment project, on any portion of applicable properties that include multifamily residential housing premises property.
Page 5, Line 10(b) Notwithstanding any provision of this section to the
Page 5, Line 11contrary, a local entity or the department shall not restrict
Page 5, Line 12a person from installing or allowing another person to install grass seed or sod that:
Page 5, Line 13(I) Is a native plant;
(II) Has been hybridized for arid conditions; or
Page 5, Line 14(III) Is a low-water grass.
Page 5, Line 15(c) On or before January 1, 2028, each local entity with
Page 5, Line 16land use planning and zoning authority shall enact or amend
Page 5, Line 17ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects to:
Page 5, Line 18(I) Regulate the installation of nonfunctional turf in
Page 5, Line 19order to reduce irrigation water demand on applicable property
Page 5, Line 20in accordance with the requirements of this section; and
Page 6, Line 1(II) Include consideration of applicable residential real property.
Page 6, Line 2SECTION 4. In Colorado Revised Statutes, add 37-99-104 as follows:
Page 6, Line 337-99-104. Regulation of turf in new residential property -
Page 6, Line 4local entities - exemptions. (1) On or before January 1, 2028, each
Page 6, Line 5local entitywith land use planning and zoning authority shall
Page 6, Line 6enact or amend ordinances, resolutions, regulations, or other
Page 6, Line 7laws regulating new development projects and redevelopment
Page 6, Line 8projects within the local entity's jurisdiction to regulate the
Page 6, Line 9installation of turf to reduce irrigation water demand for all
Page 6, Line 10residential real property that is not applicable residential real property.
Page 6, Line 11(2) On and after January 1, 2028, when enacting or
Page 6, Line 12amending ordinances, resolutions, regulations, or other laws
Page 6, Line 13regulating new development projects and redevelopment
Page 6, Line 14projects, each local entity with land use planning and zoning
Page 6, Line 15authority shall regulate the installation of turf to reduce
Page 6, Line 16irrigation water demand for all residential real property that is not applicable residential real property.
Page 6, Line 17(3) Each local entity with land use planning and zoning
Page 6, Line 18authority may choose the standard or mechanism by which it
Page 6, Line 19regulates turf in new development projects and redevelopment projects of residential real property pursuant to this section.
Page 6, Line 20(4) Notwithstanding any provision of this section to the
Page 6, Line 21contrary, neither a local entity nor the department shall
Page 6, Line 22restrict a person from installing or allowing another person to install grass seed or sod that:
Page 7, Line 1(a) Is a native plant;
(b) Has been hybridized for arid conditions; or
Page 7, Line 2(c) Is a low-water grass.
Page 7, Line 3SECTION 5. Act subject to petition - effective date. This act
Page 7, Line 4takes effect at 12:01 a.m. on the day following the expiration of the
Page 7, Line 5ninety-day period after final adjournment of the general assembly; except
Page 7, Line 6that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 7, Line 7of the state constitution against this act or an item, section, or part of this
Page 7, Line 8act within such period, then the act, item, section, or part will not take
Page 7, Line 9effect unless approved by the people at the general election to be held in
Page 7, Line 10November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.