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<br />WATER WITHIN THIS STATE. THE GENERAL ASSEMBLY FURTHER FINDS THAT THE WATER DEMANDS IMPOSED BY <br />TRADITIONAL LANDSCAPING USING NONNATIVE PLANT SPECIES SUCH AS BLUEGRASS MAY RESULT IN AN <br />UNREASONABLE AND UNNECESSARY BURDEN ON FUTURE WATER RESOURCES. THEREFORE, IT IS THE INTENT OF <br />THE GENERAL ASSEMBLY TO ADDRESS LAND USE COVENANTS THAT RESTRICT THE APPLICATION OF WISE <br />WATER-SAVING LANDSCAPE MEASURES, AND TO DECLARE THAT RESTRICTIVE COVENANTS THAT PROHIBIT THE <br />USE OF XERISCAPE LANDSCAPING OR REQUIRE THAT CULTIVATED VEGETATION INCLUDE TURF GRASS ARE <br />AGAINST PUBLIC POLICY. <br />(2) ANY RESTRICTIVE COVENANT OR AMENDMENT THERETO THAT IS ADOPTED ON OR AFTER THE <br />EFFECTIVE DATE OF THIS SUBSECTION (2), THAT PROHIBITS OR LIMITS THE USE OF XERISCAPE OR THAT REQUIRES <br />CULTIVATED VEGETATION TO INCLUDE TURF GRASS IS HEREBY DECLARED CONTRARY TO PUBLIC POLICY AND ON <br />THAT BASIS SHALL BE VOID AND UNENFORCEABLE. <br />(3) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: <br />(a) "RESTRICTIVE COVENANT" MEANS ANY COVENANT, RESTRICTION, OR CONDITION APPLICABLE TO <br />REAL PROPERTY FOR THE PURPOSE OF CONTROLLING LAND USE, BUT DOES NOT INCLUDE ANY COVENANT, <br />RESTRICTION, OR CONDITION IMPOSED ON SUCH REAL PROPERTY BY ANY GOVERNMENTAL ENTITY. <br />(b) "TURF GRASS" MEANS CONTINUOUS PLANT COVERAGE CONSISTING OF HYBRIDIZED GRASSES THAT, <br />WHEN REGULARLY MOWED, FORM A DENSE GROWTH OF LEAF BLADES AND ROOTS. <br />(c) "XERISCAPE" MEANS THE APPLICATION OF THE PRINCIPLES OF LANDSCAPE PLANNING AND DESIGN, <br />SOIL ANALYSIS AND IMPROVEMENT, APPROPRIATE PLANT SELECTION, LIMITATION OF TURF AREA, USE OF <br />MULCHES, IRRIGATION EFFICIENCY, AND APPROPRIATE MAINTENANCE THAT RESULTS IN WATER USE EFFICIENCY <br />AND WATER SAVINGS PRACTICES. <br />SECTION 20 Effective date - applicability. This act shall take effect upon passage and shall apply to <br />restrictive covenants or amendments thereto that are adopted on or after said date. <br />SECTION 30 Safety clause. The general assembly hereby finds, determines, and declares that this act <br />is necessary for the immediate preservation of the public peace, health, and safety. <br /> <br />9 <br />