As used in this article 99, unless the context otherwise requires:
(1) (a) Applicable property means:
(I) Commercial, institutional, or industrial property;
(II) Common interest community property;
(III) A street right-of-way, parking lot, median, or transportation corridor; or
(IV) Applicable residential real property.
(b) Repealed.
(1.5) Applicable residential real property means a multifamily residential housing premises property that includes more than twelve dwelling units.
(2) Artificial turf means an installation of synthetic materials developed to resemble natural grass.
(3) Commercial, institutional, or industrial has the meaning set forth in section 37-60-135 (2)(b).
(4) Common interest community has the meaning set forth in section 38-33.3-103 (8).
(5) Common interest community property means property within a common interest community that is owned and maintained by a unit owners' association, such as entryways, parks, and other common elements as defined in section 38-33.3-103 (5).
(6) Department means the department of personnel created in section 24-1-128 (1).
(6.5) Functional artificial turf means artificial turf that is:
(a) Located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough; or
(b) A component of a product designed and approved by a professional engineer for civil infrastructure projects, including but not limited to:
(I) Covers for solid waste facilities and brownfield sites; and
(II) Revetments for slopes, channels, levees, and dams.
(7) Functional turf means turf that is located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough.
(8) Invasive plant species has the meaning set forth in section 37-60-135 (2)(e).
(9) Local entity means a:
(a) Home rule or statutory city, county, city and county, territorial charter city, or town;
(b) Special district; and
(c) Metropolitan district.
(10) Maintain or maintaining means an action to preserve the existing state of nonfunctional turf, artificial turf, or an invasive plant species that has already been installed, planted, or placed.
(10.5) Multifamily residential housing premises property means common interest property such as entryways, parks, and other common elements as defined in section 38-33.3-103 (5).
(11) Native plant means a plant species that is indigenous to the state of Colorado.
(12) New development project means a new construction project that requires a building or landscaping permit, plan check, or design review.
(12.5) Nonfunctional artificial turf means artificial turf that is not functional artificial turf.
(13) (a) Nonfunctional turf means turf that is not functional turf.
(b) Nonfunctional turf includes turf located in a street right-of-way, parking lot, median, or transportation corridor.
(c) Nonfunctional turf does not include turf that is designated to be part of a water quality treatment solution required for compliance with federal, state, or local agency water quality permitting requirements that is not irrigated and does not have herbicides applied.
(14) Redevelopment project means a construction project that:
(a) Requires a building or landscaping permit, plan check, or design review; and
(b) Results in a disturbance of more than fifty percent of the aggregate landscape area.
(14.5) Residential real property has the meaning set forth in section 39-1-102 (14.5).
(15) Special district has the meaning set forth in section 32-1-103 (20).
(16) Transportation corridor means a transportation system that includes all modes and facilities within a described geographic area, having length and width.
(17) Turf means continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions and which, when regularly mowed, form a dense growth of leaf blades and roots.
(18) Unit owners' association has the meaning set forth in section 38-33.3-103 (3).
(18.5) Urban tree means a perennial woody plant with a single or multiple trunks that support a canopy of branches and leaves and that provides ecological, social, and economic benefits within a built environment.
(19) Water-wise landscaping has the meaning set forth in section 37-60-135 (2)(l).
Source: L. 2024: Entire article added, (SB 24-005), ch. 26, p. 79, � 1, effective August 7. L. 2025: (1)(a)(II), (1)(a)(III), (7), and (17) amended, (1)(a)(IV), (1.5), (6.5), (10.5), (12.5), (14.5), and (18.5) added, and (1)(b) repealed, (HB 25-1113), ch. 221, p. 1014, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1113, see section 1 of chapter 221, Session Laws of Colorado 2025.
37-99-103. Prohibition of nonfunctional turf, nonfunctional artificial turf, and invasive plant species - local entities - construction or renovation of state facilities. (1) On and after January 1, 2026, a local entity shall not install, plant, or place, or allow any person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on any portion of applicable property within the local entity's jurisdiction.
(2) On or before January 1, 2026, a local entity shall enact or amend ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects on applicable property in accordance with the requirements of this section.
(3) The department shall not install, plant, or place, or allow any person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species as part of a project for the construction or renovation of a state facility, which project design commences on or after January 1, 2025.
(4) Nothing in this section prohibits:
(a) A local entity from maintaining, or allowing any person to maintain, any nonfunctional turf, nonfunctional artificial turf, artificial turf, or invasive plant species installed, planted, or placed before January 1, 2026;
(b) The department from maintaining, or allowing any person to maintain, any nonfunctional turf, nonfunctional artificial turf, artificial turf, or invasive plant species installed, planted, or placed at a state facility before January 1, 2025;
(c) A local entity or the department from installing, or allowing any person to install, grass seed or sod that is a native plant or has been hybridized for arid conditions;
(d) A local entity or the department from establishing prohibitions on, or requirements for, nonfunctional turf, artificial turf, or invasive plant species that are more stringent than the requirements of this section;
(e) A local entity or the department from installing, or allowing a person to install, artificial turf on athletic fields of play; or
(f) A local entity or the department from installing or preserving urban trees.
(5) (a) On and after January 1, 2028, a local entity shall not install, plant, or place, or allow a person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on any portion of applicable properties that include multifamily residential housing premises property.
(b) Notwithstanding any provision of this section to the contrary, a local entity or the department shall not restrict a person from installing or allowing another person to install grass seed or sod that:
(I) Is a native plant;
(II) Has been hybridized for arid conditions; or
(III) Is a low-water grass.
(c) On or before January 1, 2028, each local entity with land use planning and zoning authority shall enact or amend ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects to:
(I) Regulate the installation of nonfunctional turf in order to reduce irrigation water demand on applicable property in accordance with the requirements of this section; and
(II) Include consideration of applicable residential real property.
Source: L. 2024: Entire article added, (SB 24-005), ch. 26, p. 81, � 1, effective August 7. L. 2025: (1), (3), (4)(a), (4)(b), (4)(d), and (4)(e) amended and (4)(f) and (5) added, (HB 25-1113), ch. 221, p. 1015, � 3, effective August 6.
Cross references: For the legislative declaration in HB 25-1113, see section 1 of chapter 221, Session Laws of Colorado 2025.
37-99-104. Regulation of turf in new residential property - local entities - exemptions. (1) On or before January 1, 2028, each local entity with land use planning and zoning authority shall enact or amend ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects within the local entity's jurisdiction to regulate the installation of turf to reduce irrigation water demand for all residential real property that is not applicable residential real property.
(2) On and after January 1, 2028, when enacting or amending ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects, each local entity with land use planning and zoning authority shall regulate the installation of turf to reduce irrigation water demand for all residential real property that is not applicable residential real property.
(3) Each local entity with land use planning and zoning authority may choose the standard or mechanism by which it regulates turf in new development projects and redevelopment projects of residential real property pursuant to this section.
(4) Notwithstanding any provision of this section to the contrary, neither a local entity nor the department shall restrict a person from installing or allowing another person to install grass seed or sod that:
(a) Is a native plant;
(b) Has been hybridized for arid conditions; or
(c) Is a low-water grass.
Source: L. 2025: Entire section added, (HB 25-1113), ch. 221, p. 1016, � 4, effective August 6.
Cross references: For the legislative declaration in HB 25-1113, see section 1 of chapter 221, Session Laws of Colorado 2025.