Utah Administrative Code
Topic - Natural Resources
Title R653 - Water Resources
Rule R653-11 - Water Conservation Requirements and Incentives
Section R653-11-7 - Division Administered Water Efficient Landscaping Incentives
Universal Citation: UT Admin Code R 653-11-7
Current through Bulletin 2024-18, September 15, 2024
(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.
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