Senate Engrossed

 

water use; prohibition; landscaping

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

SENATE BILL 1523

 

 

 

 

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:

START_STATUTE9-500.52. Initial active management areas; landscaping requirements; prohibition; statewide preemption; definition

A. Notwithstanding any other law, a municipality that is located within an initialactive 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, "Initialactive management area" has the same meaning prescribed in section 45-402. END_STATUTE

Sec. 2. Title 45, chapter 2, article 9, Arizona Revised Statutes, is amended by adding section 45-563.03, to read:

START_STATUTE45-563.03. 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. END_STATUTE

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.