The Legal Landscape: Turf Irrigation Law
Ryan A. Stubbe, Esq., Roseman Law, APC
Gov. Gavin Newsom signed AB 1572 into law in October 2023. The law amends Water Code sections 10540 and 10608 and prohibits the use of potable water (water that is safe to drink) to irrigate “nonfunctional turf.” Common interest developments must comply with the law starting on January 1, 2029. Noncompliance may result in a penalty of up to $500 for each day in which the violation occurs.
“Functional turf” means turf in a recreational use area or
community space. “Recreational use” includes sports fi elds, golf courses, playgrounds, picnic grounds, and pet exercise areas. Recreational use may be formal or informal. “Community spaces” include spaces for civic, ceremonial, or other community events or social gatherings. “Nonfunctional turf” is anything else, including turf located within streets or parking lots.
Associations with more than 5,000 square feet of irrigated
common area must certify compliance with the law to the State Water Resources Control Board (“SWB”) every three years, starting June 30, 2031 and continuing through 2040.
Public water systems (e.g., water districts like IRWD or SMWD) must revise their regulations and policies by January 1, 2027
16 March | April 2024
to include the requirements of the new law and communicate those requirements to their customers.
There are several issues that homeowners associations should consider to comply with the new law. To start with, associations should investigate water usage in common areas. Management and the board should identify whether the association uses potable water or recycled water (often identifi ed by “purple pipes”). If the Association uses recycled water, normal watering operations can continue, as the new law does not restrict the use of recycled water.
For associations using potable water for landscaping, there are additional
considerations. First, associations should
determine whether their turf areas are functional, or non- functional. Determining whether an area is functional or non- functional may be clear in some cases, and less clear in others. If an area is unclear, the board should conduct a reasonable investigation, which may include consulting your landscaper and legal counsel, and documenting in the minutes the board’s decision regarding which areas are functional versus non-functional. Keep in mind that while water suppliers and government agencies may defer to the association, they
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