09 LC 25
5409
House
Bill 262
By:
Representatives Hill of the
21st
and McCall of the
30th
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 enforcement of covenants
which prohibit certain xeriscape practices; to provide for related matters; 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, a covenant that
requires the use of specified grasses, trees, or bushes shall not be enforced in
this state so as to prohibit the use of xeriscape practices to reduce the amount
of water necessary to maintain the landscape. As used in this paragraph, the
term 'xeriscape practices' means landscape practices that conserve water and
protect the environment, utilizing principles of xeriscape such as planning and
design, appropriate plant selection, soil analysis and improvement, irrigation
efficiency, practical use of turf, appropriate use of mulches, and proper
maintenance. Prohibiting xeriscape practices is declared to be against the
public policy of this
state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.