08 LC 28
4328S
The
House Committee on Governmental Affairs offers the following substitute
to SB 217:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 44 of the Official Code of Georgia Annotated, relating to property,
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.
Title
44 of the Official Code of Georgia Annotated, relating to property, is amended
by adding a new paragraph (5) to subsection (d) of Code Section 44-5-60,
relating to covenants running with the land, 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laws and parts of laws in conflict with this Act are repealed.