Utah Admin. Code R653-11-7 - Division Administered Water Efficient Landscaping Incentives

(1) In an area without an existing landscaping conversion incentive program, the division or its contractor may provide a financial incentive to an owner of private or public property to remove lawn from the property and replace it with water efficient landscaping, as described in Section R653-11-9.

(2) An owner may not receive an incentive under this rule if:

(a) the owner has previously received an incentive under this section for the same project area;

(b) the project area is less than 200 square feet, except as otherwise authorized by the division where all lawn is removed from a parking strip or another isolated area of lawn; or

(c) the project area is located within a municipality or unincorporated area of a county that has not adopted or imposed water use efficiency standards satisfying the minimum benchmarks in Section R653-11-10.

(3) To obtain an incentive under this section an applicant must submit an application to the division or its designated contractor that includes the following:

(a) the applicant's name, mailing address, email address, and phone number;

(b) a description of the property where the proposed lawn removal and replacement will occur;

(c) a description of the lawn area proposed for removal and replacement, including its dimensions and location on the property, such as a project area;

(d) the applicant's acknowledgment and verification that:

(i) they hold legal or rightful title or a controlling interest in the title to the project area;

(ii) the project area is nonagricultural land;

(iii) the project area consists of lawn that is living, mowed, and actively managed;

(iv) the project area is not part of or located on a golf course, park, athletic field, or sod farm;

(v) a water end user is located on the property where the project area is located;

(vi) the water end user contracts with a retail water provider for residential, commercial, industrial, or institutional use of water on the project area;

(vii) the project area is currently irrigated with water supplied by the retail water provider under contract with the water end user;

(viii) they have legal authority to authorize lawn removal and replacement on the project area;

(ix) they voluntarily seek to remove the lawn in the project area and replace it with water efficient landscaping, and are not required to do so by government code or policy;

(x) they have not previously received an incentive under Section 73-10-37 and this rule for the same project area;

(xi) they agree:

(A) to maintain the water efficient landscaping and drip irrigation system installed in the project area and not return it to lawn or overhead spray irrigation after receiving payment for converting the project area to water efficient landscaping; or

(B) return to the division or to a district the payments received for removal of lawn from the project area;

(xii) the lawn conversion project will not violate any applicable law, regulation, ordinance, zoning requirement, contractual obligation, or other legal limitation; and

(xiii) they understand and acknowledge that neither the lawn removal incentive program, its requirements, nor the award of an incentive by the division supersede applicable laws, regulations, ordinances, or contract terms to the contrary; and

(e) submission of the following documents:

(i) billing statement or other verifiable evidence showing that the water end user contracts with the retail water provider that services the project area; and

(ii) water efficient landscaping plan for the project area prepared by the applicant or a third party detailing the:

(A) location on the property and square footage of lawn planned for removal and conversion to water efficient landscaping, including drawings with dimensional measurements, aerial imagery, and photographs of the project area; and

(B) types and locations of the inorganic ground cover, weed barriers, plants, shrubs, trees, and irrigation systems satisfying the water efficient landscaping requirements in this rule.

(f) Upon request by the division, submission of documentation showing the applicant is the owner of the property and possesses legal authority to authorize the lawn removal and replacement.

(4)

(a) The division or its contractors will receive and review lawn conversion incentive applications for completeness and compliance with the requirements of Section 73-10-37 and this rule.

(b) Before approving an incentive application, the division or its contractors will verify the location and eligibility of the project area for an incentive by:

(i) reviewing information submitted with the application; or

(ii) physically or virtually inspecting and verifying the project area.

(c)

(i) The division or its contractors will approve incentives to qualified applicants under Section 73-10-37 and this rule in the order that eligible applications are filed.

(ii) The division may end an incentive application and corresponding contract where the owner has not completed the project, as prescribed in the application and contract, within 12 months of the date that the application is filed.

(d) An incentive authorized for any single application under Section 73-10-37 and this rule may not exceed:

(i) $50,000 in the aggregate, except as otherwise approved by the division in writing on a case-by-case basis; and

(ii) $2 for each square foot of lawn replaced with water efficient landscaping.

(e) Incentives offered under Section 73-10-37 and this rule are subject to the availability of funding as appropriated by the Legislature.

(5) Upon approval of an incentive and as a condition to receiving the incentive, the participant shall:

(a) provide the division the information required to complete a federal W-9 tax form; and

(b) execute a lawn conversion incentive contract with the division detailing the parties' mutual obligations and responsibilities, including:

(i) terms and conditions for receiving the incentive payment;

(ii) participant's commitment to:

(A) complete the project consistent with the approved water efficient landscaping plan within 365 days of approval of the application;

(B) maintain the water efficient landscaping and drip irrigation system installed in the project area and not return it to lawn or overhead spray irrigation after receiving payment for converting the project area to water efficient landscaping; and

(C) return to the division the payments received for removing lawn from the project area and replacing it with water efficient landscaping in the event of violating Subsection (B);

(iii) other matters determined by the division necessary to effectively administer the incentive program; and

(iv) participant's acknowledgment that incentive payments received may be subject to state and federal taxation.

(6) Before the division disburses any portion of an incentive to a participant, the division or its contractors will physically or virtually inspect the project area and verify the lawn conversion to water efficient landscaping is completed and consistent with:

(a) the requirements of Section 73-10-37 and this rule;

(b) the approved water efficient landscaping plan prepared by the participant or a third-party; and

(c) the lawn conversion incentive contract between the participant and the division.

(7)

(a) Where a project fails to satisfy the requirements of this rule, the division may provide notice to cure that:

(i) identifies the deficiencies; and

(ii) provides the participant with 60 days to correct the deficiencies.

(b) Deficiencies must be corrected, and the project completed within:

(i) 60 days of the division's notice to cure; or

(ii) the remainder of the 365-day completion deadline in Subsection (5)(B)(ii)(A), whichever is greater.

(c) Failure to meet the applicable deadline in Subsection (b) will disqualify the project for a financial incentive.

Notes

Utah Admin. Code R653-11-7

Adopted by Utah State Bulletin Number 2023-14, effective 7/11/2023 Amended by Utah State Bulletin Number 2024-13, effective 6/21/2024