08 LC 25
5243S
The
House Committee on Natural Resources and Environment offers the following
substitute to HB 1322:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating
to covenants running with the land, so as to prohibit covenants which prohibit
xeriscaping by providing that yards in a subdivision be planted with certain
types of grass or other shrubs, trees, or bushes; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants
running with the land, is revised by adding a new paragraph (5) to subsection
(d) to read as follows:
"(5)
Notwithstanding any other provision of this Code section, no covenant that
requires the use of specified grasses or other shrubs, trees, or bushes shall be
enforced in this state unless the covenant provides for the use of xeriscaping
principles to reduce the amount of water necessary to maintain the landscape.
Xeriscaping refers to landscaping in ways that do not require supplemental
irrigation. Plants whose natural requirements are appropriate to the local
climate are emphasized, and care is taken to avoid losing water to evaporation
and runoff. Prohibiting xeriscaping is declared to be against the public policy
of this state."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall be applied to all
landscape installations on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.