53G-7-225. Use of overhead spray irrigation.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section:

(a)"Active recreation area" means an area of school property that is:

(i)dedicated to active use; and

(ii)installed or maintained on an area with a slope of not more than 25%.

(b)"Active use" means regular use for playing, exercise, recreation, or regular outdoor activities, such as:

(i)a sports field;

(ii)a social gathering area; or

(iii)an amphitheater.

(c)"Great Salt Lake basin" means the area within:

(i)the surveyed meander line of the Great Salt Lake;

(ii)the drainage areas of the Bear River or the Bear River's tributaries;

(iii)the drainage areas of Bear Lake or Bear Lake's tributaries;

(iv)the drainage areas of the Weber River or the Weber River's tributaries;

(v)the drainage areas of the Jordan River or the Jordan River's tributaries;

(vi)the drainage areas of Utah Lake or Utah Lake's tributaries;

(vii)other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (1)(c)(ii) through (vi); and

(viii)the drainage area of Tooele Valley.

(d)"Landscaped area" means those portions of school property that are not, or will not be, occupied by:

(i)a permanent structure; or

(ii)an impervious surface associated with vehicular or pedestrian access or use, such as a driveway, sidewalk, or parking lot.

(e)"LEA" means:

(i)a school district;

(ii)a charter school, other than an online-only charter school; or

(iii)the Utah Schools for the Deaf and the Blind.

(f)"New construction" means a project for the construction of a public facility on school property that includes a new or modified landscaped area of more than 7,500 square feet.

(g)"Overhead spray irrigation" means above ground irrigation heads that spray water through a nozzle.

(h)"Parkstrip" means the area between the back of a curb or, if there is no curb, the edge of pavement and the sidewalk.

(i)"Public facility" means a building, structure, infrastructure, improvement, sports field, playground, or other facility of an LEA.

(j)"Reconstruction" means a project for the renovation, alteration, improvement, or repair of a public facility on school property that affects more than 25% of the landscaped area existing before the reconstruction.

(k)"School property" means real property owned by an LEA.

(a)An LEA with school property within the Great Salt Lake basin that undertakes new construction or reconstruction on the school property on or after May 1, 2024, may not install, maintain, or use overhead spray irrigation in a landscaped area of the school property unless the landscaped area is an active recreation area.

(b)An LEA may not install, maintain, or use overhead spray irrigation to irrigate the following within an active recreation area described in Subsection (2)(a):

(i)a park strip;

(ii)an area with a width of less than eight feet; or

(iii)in an area that is a planting bed.

(c)An LEA may not treat school property as an active recreation area if the area is sized larger than reasonably required for the anticipated use the area is intended to accommodate.

(3)Nothing in this section:

(a)requires an LEA to submit a land use application to a municipality or county to landscape school property; or

(b)authorizes a municipality or county to:

(i)impose landscaping requirements on school property; or

(ii)require an LEA to obtain approval for landscaping on school property.

Enacted by Chapter 19 , 2024 General Session