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Senate Engrossed
water use; prohibition; landscaping |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SENATE BILL 1523 |
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An Act
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.52; amending title 45, chapter 2, article 9, Arizona Revised Statutes, by adding section 45-563.03; relating to water management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.52, to read:
9-500.52. Initial active management areas; landscaping requirements; prohibition; statewide preemption; definition
A. Notwithstanding any other law, a municipality that is located within an initial active management area may not adopt or enforce any code, ordinance, rule, regulation, standard, stipulation or other requirement that directly or indirectly requires any of the following:
1. a minimum number of trees.
2. A minimum size for trees or shrubs.
3. a minimum percentage of irrigated ground cover.
4. A minimum amount of turf.
5. open space that requires irrigation beyond what is required for retention.
B. The regulation of private property rights and the prevention of water use mandates are of statewide concern.
C. for the purposes of this section, "Initial active management area" has the same meaning prescribed in section 45-402.
Sec. 2. Title 45, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 45-563.03, to read:
45-563.03. Turf and plant installation; prohibition; exception; definition
A. Notwithstanding any other law, a municipality that is located in an initial Active Management Area may not adopt or enforce any requirement that establishes, directly or indirectly, any of the following:
1. Minimum turf requirements, except for functional turf requirements that are associated with public recreational use areas or other public spaces that are regularly used for civic, community or recreational purposes, INCLUDING playgrounds, sports fields, cemeteries, schoolyards and stormwater management. This paragraph does not authorize a municipality to adopt or enforce minimum turf requirements for drainage areas that are located in subdivisions.
2. The installation of plants that are not included on the Low-Water-Use and Drought-Tolerant Plant List that is published by the Department for the most current Management Plan in the initial Active Management Areas.
B. For the purposes of this section, "subdivision" has the same meaning prescribed in section 32-2101.
(ENACTED WITHOUT THE EMERGENCY)
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.