Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The
State Legislature has found:
(1) that the
waters of the state are of limited supply and are subject to ever increasing
demands;
(2) that the continuation
of California's economic prosperity is dependent on the availability of
adequate supplies of water for future uses;
(3) that it is the policy of the State to
promote the conservation and efficient use of water and to prevent the waste of
this valuable resource;
(4) that
landscapes are essential to the quality of life in California by providing
areas for active and passive recreation and as an enhancement to the
environment by cleaning air and water, preventing erosion, offering fire
protection, and replacing ecosystems lost to development;
(5) that landscape design, installation,
maintenance and management can and should be water efficient;
(6) that Section
2 of Article X of the California
Constitution specifies that the right to use water is limited to the amount
reasonably required for the beneficial use to be served and the right does not
and shall not extend to waste or unreasonable method of
use.
(b) Consistent with
the legislative findings, the purpose of this model ordinance is to:
(1) promote the values and benefits of
landscaping practices that integrate and go beyond the conservation and
efficient use of water;
(2)
establish a structure for planning, designing, installing, maintaining and
managing water efficient landscapes in new construction and rehabilitated
projects by encouraging the use of a watershed approach that requires
cross-sector collaboration of industry, government and property owners to
achieve the many benefits possible;
(3) establish provisions for water management
practices and water waste prevention for existing landscapes;
(4) use water efficiently without waste by
setting a Maximum Applied Water Allowance as an upper limit for water use and
reduce water use to the lowest practical amount;
(5) promote the benefits of consistent
landscape ordinances with neighboring local and regional agencies;
(6) encourage local agencies and water
purveyors to use economic incentives that promote the efficient use of water,
such as implementing a tiered-rate structure; and
(7) encourage local agencies to designate the
necessary authority that implements and enforces the provisions of the Model
Water Efficient Landscape Ordinance or its local landscape
ordinance.
(c) Landscapes
that are planned, designed, installed, managed and maintained with the
watershed based approach can improve California's environmental conditions and
provide benefits and realize sustainability goals. Such landscapes will make
the urban environment resilient in the face of climatic extremes. Consistent
with the legislative findings and purpose of the Ordinance, conditions in the
urban setting will be improved by:
(1)
Creating the conditions to support life in the soil by reducing compaction,
incorporating organic matter that increases water retention, and promoting
productive plant growth that leads to more carbon storage, oxygen production,
shade, habitat and esthetic benefits.
(2) Minimizing energy use by reducing
irrigation water requirements, reducing reliance on petroleum based fertilizers
and pesticides, and planting climate appropriate shade trees in urban
areas.
(3) Conserving water by
capturing and reusing rainwater and graywater wherever possible and selecting
climate appropriate plants that need minimal supplemental water after
establishment.
(4) Protecting air
and water quality by reducing power equipment use and landfill disposal trips,
selecting recycled and locally sourced materials, and using compost, mulch and
efficient irrigation equipment to prevent erosion.
(5) Protecting existing habitat and creating
new habitat by choosing local native plants, climate adapted non-natives and
avoiding invasive plants. Utilizing integrated pest management with least toxic
methods as the first course of action.
1. New chapter
2.7 (sections
490-495) filed 7-31-92; operative
7-31-92 (Register 92, No. 32).
2. Amendment of section and NOTE
filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section
11343.4
(Register 2009, No. 37).
3. Amendment of subsections (a)(4) and
(b)(1)-(2), new subsections (c)-(c)(5) and amendment of NOTE filed 9-15-2015;
operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing
only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015) (Register
2015, No. 38).
Note: Authority cited: Section
65593,
Government Code; and sections
11 and
30, Governor's Exec. Order No.
B-29-15 (April 1, 2015). Reference: Sections
65591,
65593 and
65596,
Government Code; and section
11, Governor's Exec. Order No.
B-29-15 (April 1, 2015).