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By EPN Staff

Colorado lawmakers are pushing for state legislation that would tighten restrictions on the types of grasses that can be planted at certain residential properties – namely, new and redeveloped apartments and condominiums.

The bill, which expands on legislation passed last year, is sponsored by three Democrats: Sen. Dylan Roberts, Dillon; and Reps. Karen McCormick, Longmont; and Lesley Smith, Boulder. They have cast the measure as a way to conserve water statewide amid persistent drought conditions and a growing demand for development.

Why it matters

The measure is the latest effort by state Democratic legislators to impose landscaping restrictions and mandates on local government to enforce the requirements.

In 2024, the Colorado General Assembly passed Senate Bill 24-005 which prohibits the installation of nonfunctional or artificial turf, or invasive plant species in new or redeveloped areas such as those along sidewalks and in street medians, or around commercial, industrial or institutional properties.

The law takes effect next year. It also requires local entities to pass or change laws to meet the new requirements by 2026.

HB25-1113 goes farther by adding apartments and condos to the list of applicable properties. It also mandates local governments with land-use authority pass or revise laws regarding how much – and what kind of – turf can be planted in all residential properties by 2028.

The bill targets water-intensive grasses such as Kentucky Blue Grass.

If approved, the measure would not impact “functional” turf. That’s turf used for recreational and other purposes, such as football fields, parks and playgrounds.

While a fiscal note accompanying the proposal doesn’t calculate the financial costs associated with the bill, it’s clear compliance costs will be significant, as local governments “will have an increase in workload.”

The bigger picture

Advocates argue both pieces of legislation are attempts to address concerns in the 2023 Colorado Water Plan, which says water demands statewide are increasing.

It estimates by 2050, Colorado communities could need 230,000 to 740,000 acre-feet of additional water per year, and that water conservation efforts could reduce that demand by 300,000 acre-feet per year.

The state estimates one acre-foot of water can support two to four households, and municipal and industrial uses account for 10% of Colorado’s overall demand.

Additional context

One legislative tracker shows the bill is supported by environmental groups, including climate change awareness advocates Western Resource Advocates and 350 Colorado.

Opponents include the cities of Fountain and Monument, El Paso and Mesa County governments, and Colorado Counties, Inc. (CCI), a nonprofit member organization representing counties in the state. A CCI spokesperson said the organization is unsure if governments can “functionally police” the measure.

The list of those monitoring the bill or wanting amendments is vast and varied.

For example, the city of Aurora Water Department, the Colorado Farm Bureau and the Colorado Apartment Association are listed as “monitoring” the bill, while the Associated Governments of Northwest Colorado and the Colorado Association of Home Builders are seeking amendments.