Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: January 8, 2026 Agenda Title Continued second reading and consideration of a motion to pass with amendments Ordinance 8721 amending Section 4-20-43, “Development Application Fees,” Title 6, “Health, Safety, and Sanitation,” Title 8, “Parks, Open Spaces, Streets, and Public Ways,” Title 9, “Land Use Code,” Section 10-8.5-2, “Adoption of International WildlandUrban Interface Code with Modification,” and Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures, B.R.C. 1981, related to landscaping, water conservation, and wildfire resilience; and setting forth related details

Staff Contact •

Brad Mueller, Director, Planning and Development Services

•

Karl Guiler, Development Code Amendment Manager, Planning and Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to pass with amendments Ordinance 8721, amending Section 4-20-43, “Development Application Fees,” Title 6, “Health, Safety, and Sanitation,” Title 8, “Parks, Open Spaces, Streets, and Public Ways,” Title 9, “Land Use Code,” Section 10-8.5-2, “Adoption of International Wildland-Urban Interface Code with Modification,” and Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures, B.R.C. 1981, related to landscaping, water

conservation, and wildfire resilience; and setting forth related details.

Executive Summary Staff requests City Council consideration of Ordinance 8721 (Attachment A) to move forward with implementation of the Waterwise Landscaping project, which is a component of the Wildfire Hardening and Waterwise Landscaping project, a City Council 2024-2025 Work Program Priority Item. City Council initiated the project at its retreat in March of 2024 with the following goals: 1.

Review existing best practices for resilient landscape policies, incentives, education and regulation;

2.

Work across departments to identify potential operational enhancements, education and incentive programs, and resources, including leveraging grants in support of the two focus areas;

3.

Review code revision options as part of the scheduled updates to the International Building Codes (including the Fire Code and International Wildland Urban Interface Code); and

4.

Review other code updates as they relate to resilient landscapes and wildfire hardening and bring forth potential tweaks that would make progress while limiting enforcement need.

The draft ordinance would implement the Waterwise Landscaping portion of the work program priority item as well as making some necessary updates to the Wildland Code regulations to align with the landscaping changes and create more clarity. City Council gave direction on this project on two occasions: December 12, 2024 and July 31, 2025. A detailed summary of the July discussion can be found at this link. City Council considered Ordinance 8721 for first reading on Sept. 18, 2025, and had no questions. At the Oct. 16 meeting public hearing on the ordinance, City Council expressed concerns that the proposed ordinance and landscape manual did not properly balance city policy goals of wildfire mitigation, water conservation, expanding urban tree canopy, and avoidance of urban heating. Most of the concerns related to proposed requirements to remove vegetation (particularly trees) not considered low flammability on lots with new development or redevelopment in the Wildland Urban Interface (WUI) to reduce wildfire threat. Removal of vegetation, while reducing wildfire threat, could exacerbate the urban heat island effect and would be counter to city goals of increasing urban tree canopy (an important component of water conservation and urban cooling). It was suggested that instead of requiring widespread tree removals,

that other options, such as “limbing up,” should be considered as an alternative. City Council continued the public hearing to Dec. 18, 2025, to allow time to refine the proposals. Council’s requested adjustments to better balance wildfire safety, water savings, and tree preservation. City Council’s specific directions are found in the ‘City Council History’ and the updates are discussed in detail in the ‘Analysis’ section of this memorandum. Attachment A contains the updated Ordinance 8721 for City Council decision at the Dec. 18, 2025 continued public hearing and Attachment B contains the updated landscape manual, which if the ordinance is adopted, would move forward to the city manager rule stage before later adoption. Due to the high wind event and power loss on Dec. 18, 2025, the item was rescheduled for Jan. 8, 2026.

Council Action Options Option Approve motion language as drafted

Outcome If the motion is approved, Ordinance 8721 would be scheduled for consideration for adoption at a third reading on consent. Upon final adoption, the ordinance would go into effect on March 1, 2026 (as proposed by staff to enable staff to move forward with the city manager rule adoption process for the manual and tree and plant list) and the Wildfire Hardening and Waterwise Landscaping 2024/2025 work program priority would be completed (this does not preclude any future work related to wildfire mitigation or water conservation efforts). Adoption would bring the city into compliance with the state bills on non- functional turf and native plants, which specify Jan. 1, 2026 as the compliance date.

Define and adopt a modified motion

Council would need to define any modifications or amendments to the draft motion language requiring changes to the draft ordinance. This would require staff to bring back an amended motion and ordinance for Council adoption at a later date. Specific requested changes typically can be adopted on third reading (on consent)

not long after the public hearing. More extensive changes may require an additional public hearing at a later date. Delays would put the city further out of compliance with the effective date and state bill compliance date. Deny the motion or take no action

Refer back to staff

If this motion is denied, Ordinance 8721 would not move forward and the Wildfire Hardening and Waterwise Landscaping work program item would not be completed within the anticipated 2024/2025 timeframe. The city’s landscaping regulations would also be out of compliance with the state bills on non-functional turf and native plants after Jan. 1, 2026. Measures to reduce wildfire risk would also not be implemented. If this motion is denied, Ordinance 8721 would not move forward and the Wildfire Hardening and Waterwise Landscaping work program item would not be completed within the anticipated 2024/2025 timeframe. The city’s landscaping regulations would also be out of compliance with the state bills on non- functional turf and native plants after Jan. 1, 2026. Measures to reduce wildfire risk would also not be implemented.

Alignment with City Plans and City Council History SER Framework Goal Area While many of the policies in the Sustainability, Equity, and Resilience (SER) Framework are related to waterwise landscaping, the following policies align specifically with the intent of this project:

Safe A welcoming and inclusive community that fosters positive neighborhood and community relations and ensures that all residents are secure and cared for during emergencies and natural disasters. Public infrastructure is well-maintained and reliable, and natural resources like water, air, and land are protected.

•

Builds and maintains resilient infrastructure, landscapes and neighborhoods to mitigate existing and future hazards and risks.

Livable High-performing, safe, and well-maintained buildings and infrastructure that accommodate a diverse set of community needs for working, learning, playing, and living. •

Encourages sustainable and well-regulated development of buildings supported by reliable and affordable city services and public infrastructure.

Environmentally Sustainable A sustainable, thriving, and equitable community that benefits from and supports clean energy; preserves and responsibly uses the earth’s resources; and cares for ecosystems. Accelerates progress towards the community’s ambitious climate and energy goals through a culture of shared environmental stewardship across Boulder. Ensures the efficient use of natural resources in a manner that does not deplete them over time while reducing the proliferation of non-reusable materials, toxins, and hazardous products.

Citywide Strategic Plan Environmentally Sustainable Strategy 9. Increase community and ecosystem resilience to the current and future impacts of climate change.

Staff Notes Waterwise Landscaping and Wildfire Hardening code changes will protect Boulder’s natural resources and support resilient landscapes and neighborhoods, while encouraging sustainable development that efficiently uses natural resources.

Alignment with Additional City Plans Boulder Valley Comprehensive Plan The Boulder Valley Comprehensive Plan (BVCP) is the overarching policy document for the city. Several relevant policies are adopted within the BVCP, with the following most directly applicable to this project:

Natural Environment Policy 3.11 Urban Environmental Quality To the extent possible, the city and county will seek to protect the environmental quality of areas under significant human and urban influence and will balance human needs and public safety with environmental protection. The city will develop and apply community-wide programs and standards for new development and redevelopment so that negative environmental impacts will be mitigated and overall environmental quality of the urban environment will be maintained and improved. Natural Environment Policy 3.12: Urban Forests The city will support, promote and, in some cases, regulate the protection of healthy existing trees and the long-term health and vitality of the urban forest in the planning and design of public improvements and private development. Urban canopy plays an important role in ameliorating the effects of climate change; therefore, the city will guide short- and longterm urban forest management that encourages overall species diversity and low water demand tree species. Natural Environment Policy 3.13: Water Conservation The city and county will promote the conservation of water resources through water quality protection, public education, monitoring, and policies that promote efficient water usage such as water-conserving landscaping. The city will endeavor to minimize water waste and reduce water use during peak demand periods. New development and redevelopment designs to conserve water will be encouraged. Natural Environment Policy 3.26: Protection of Water Quality Water quality is a critical health, economic and aesthetic concern. The city and county have been protecting, maintaining and improving water quality and overall health within the Boulder Valley watersheds as a necessary component of existing ecosystems and as a critical resource for the human community. The city and county will continue to reduce point and nonpoint sources of pollutants, protect and restore natural water systems and conserve water resources. Special emphasis will be placed on regional efforts, such as watershed planning, and priority will be placed on pollution prevention over treatment. Natural Environment Policy 3.27 Water Resource Planning & Acquisition Water resource planning efforts will be regional in nature, consider climate

change, and incorporate the goals of water quality protection as well as surface and groundwater conservation. The city will use a variety of strategies, such as water conservation, demand management, reuse, and acquisition of additional water supplies to meet the adopted municipal water supply reliability goals while balancing in-stream flow maintenance and preservation of sustainable agriculture. The city will seek to minimize or mitigate the environmental, agricultural, and economic impacts to other jurisdictions and seek to prevent the permanent removal of land from agricultural production elsewhere in the state in its acquisition of additional municipal water rights. The city and county may continue to acquire water rights for Open Space purposes. Economy Policy 5.12: Sustainable Business Practices The city and county will support sustainable and energy-efficient business practices and establish and maintain programs to assist businesses in exploring solutions to sustainable practices. Potential solutions for exploration include reducing waste and GHG emissions, increasing building energy efficiency (in existing or renovated structures), conserving water, reducing transportation impacts, and procuring local, recycled and compostable materials, products, and services. Local Governance and Community Engagement Policy 10.01: HighPerforming Government The city and county strive for continuous improvement in stewardship and sustainability of financial, human, information, and physical assets. In all business, the city and county seek to enhance and facilitate transparency, accuracy, efficiency, effectiveness and quality customer service. The city and county support strategic decision-making with timely, reliable and accurate data and analysis.

Water Efficiency Plan The Water Conservation Act of 2004 requires certain entities like Boulder to have a state approved water efficiency plan containing required minimum plan elements. All plans must be updated every seven years. The city recently updated its Water Efficiency Plan in 2024. The plan proposes new water conservation programs aimed at reducing water loss in the city's distribution system as well as improving incentives and educational community programs to support conserving water. The city will implement the updated plan over the next seven years. The Water Efficiency Plan identified the following programs for further evaluation and potential implementation and included promoting municipal code updates:

• • • • • • • • • • • •

Integrate water conservation into other planning efforts Investigate non-revenue water and strengthen water loss program Evaluate customer water budgets Perform feasibility study for Advanced Metering Infrastructure (AMI) Assist customers with fixture/appliance upgrades Improve water efficiency of municipal irrigation Evaluate municipal code for water efficiency improvements Enhance water efficiency communication Expand demonstration garden program Set up landscaper water efficiency training program Enhance customer support Build water conservation partnerships with existing community groups

The Water Efficiency Plan further describes the municipal code evaluation: Boulder staff will evaluate its current Municipal Code, rules, regulations, and ordinances to identify sections that could be modified to better integrate and support efficient water use. Staff will work with other stakeholders and departments to develop recommended updates for consideration. Ordinances and regulations prepared by other local water providers may be reviewed for applicability within Boulder and can serve as examples for consideration. Staff will generate an internal report on recommendations.

City Council History City Council provided direction on the Waterwise Landscaping and Wildfire Hardening work program priority on several occasions: December 12, 2024 and July 31, 2025. In Spring 2025, City Council adopted Ordinance 8695, which expanded the Wildland Urban Interface (WUI) area and applied restrictions to new construction to reduce the risk of wildfire spread including but not limited to noncombustible zones, prohibition on the planting of new junipers (no retroactive removals required), and defensible space requirements. A comprehensive history of the project and prior City Council discussions providing guidance to staff can be found in the Oct. 16, 2025 memo at this link: Oct. 16, 2025 City Council second reading memo The Planning Board recommendation and summary of the Water Resources Advisory Board summary is also contained in the Oct. 16 memo. At its Oct. 16 meeting, City Council expressed concerns that the proposed ordinance and landscape manual did not properly balance city policy goals of wildfire mitigation,

water conservation, expanding urban tree canopy, and avoidance of urban heating. Most of the concerns related to proposed requirements to remove vegetation (particularly trees) not considered low flammability on lots with new development or redevelopment in the WUI to reduce wildfire threat. Removal of vegetation, while reducing wildfire threat, could exacerbate the urban heat island effect and would be counter to city goals of increasing urban tree canopy (an important component of water conservation and urban cooling). It was suggested that instead of requiring widespread tree removals, that other options, such as “limbing up,” should be considered. City Council felt that greater trust should be created with the community so that people are working together on these goals. City Council continued the public hearing to Dec. 18, 2025 (now Jan. 8, 2026), to allow time to refine the proposals. Council requested adjustments to better balance wildfire safety, water savings, and tree preservation. Specifically, the following adjustments were requested: ▪ ▪

▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪

Provide an option for maintaining tree cover for remodels and additions, and in special circumstances for new construction; Modify requirements to more closely align with current requirements so that only larger projects trigger full landscape plans, reassessing triggers to better take into account cost and equity concerns for landscape requirements for properties with 3 or fewer dwelling units; Keep the 2’ planting bed width requirement for the open space requirement; Exempt low density residential from the land disturbance threshold; Shift from visual purpose statements to functional ones, such as Waterwise, firewire, and biodiverse policies; Remove requirement for landscape architect; Remove the 3’ height maximum for urban agriculture; For three units or fewer compliance should be based only on code standards rather than adherence to a specific landscape plan on file; Remove deadheading requirement; Provide more flexibility in terms of rock mulch and weed barriers; Try to be less prescriptive and ease up on new requirements, and Look at succulents for noncombustible zone; change tree and plant list to a “Do not plant” list only.

Analysis See the Oct. 16, 2025 City Council second reading memo for a comprehensive analysis of the draft ordinance, draft landscape manual, and the draft tree and plant list. This memo will focus on the changes to the ordinance and manual (see above), as requested by council at the Oct. 16 public hearing, which was continued to Dec. 18, 2025 (and now Jan. 8, 2026 due to the aforementioned rescheduling). Staff has moved forward with updating the draft ordinance and landscape manual with the following modifications: Revisions to Ordinance 8721 (see Attachment A) ✓ Eliminates requirements for a licensed landscape architect (staff previously recommended a licensed landscape architect for properties over one acre). Applicant may still elect to hire a licensed landscape architect, which is often the case, but it is not a city requirement. ✓ Removes the previously recommended changes to the scope of when landscape plans are required for properties with 3 units or less and leaves the percentage at the current levels (e.g., landscape plan required when additions are valued at 75% or more of the current value of structures or when internal improvements are valued at least 100% of the current value of structures). ✓ Removes the site disturbance threshold for landscape plans for properties that include 3 units or less. This requirement was added to comply with state law, but as state law only applies to properties greater than 12 units, staff is proposing to apply to multi-unit developments greater than three units, which is consistent with the valuation triggers in the proposed ordinance and City Council direction to apply the state’s non-functional turf legislation to all multi-unit projects in Boulder. ✓ Eliminates the requirement to remove trees and vegetation (*junipers have different requirement) that do not meet the approved tree and plant list, which prohibits the planting of new trees and plants that are a high wildfire risk. Rather, existing vegetation not meeting the list would need to be trimmed to up 6 feet from the ground or 1/3 of a tree’s height, whichever is less, to minimize the ability of flames to travel up a trunk and catch the tree on fire. (*) Junipers, however, would require removal as part of any permits for new development or redevelopment projects given their disproportionately high risk of catching fire due to resins in the species. ✓ Clarifies that landscape rock is permitted in landscape areas but that as part of any new development or redevelopment, squeegee mulch (e.g., angular rocks less than a ¼ inch in size) be one of the options of inorganic mulch for plant root vitality. Landscape rock would still be permitted outside these areas.

✓ Clarifies that non-combustible zones and landscape areas 2 feet or greater in width can still count as open space and does not penalize properties that add non-combustible zones to reduce wildfire risk. ✓ Updates purpose statements to deemphasize the visual aspects of landscaping compared to the goals for water conservation, wildfire resilience, and urban cooling. Revisions to Landscape Manual (see Attachment B) ✓ Clarifies that landscape rocks are permitted in landscaping areas. Because landscape rocks can contribute to urban heat island effect and poorly retain water for plants, in any new development or redevelopment, squeegee mulch (a gravel that is ¼ of inch wide or less) is permitted for planting areas and better conserves water and avoids urban heating. Landscape rocks are permitted in redeveloped landscape areas, but only as a decorative or functional element outside of planting areas. ✓ Removes prohibition on the use of landscape fabric for weed control. Staff continues to strongly recommend against the use of landscape fabric for long-term use in landscaping areas, but will do so in guidelines rather than regulations. ✓ Simplified the process for applicants to request alternative plantings that are not listed in the Approved Tree and Plant list by reducing the number of reputable sources from three to two and required the city manager to keep a running list of alternative, approved plants to add to the list during updates. ✓ Removed the height requirement on urban agriculture (i.e., gardens on lots) and clarified that urban agriculture may be on any part of a lot except for any 1’-5’ noncombustible zone in the Wildland Urban Interface (WUI). ✓ Revised the watering restriction (i.e., no water during the daytime – 10am to 6pm) to only apply May 1 to Sept. 30. This is in reaction to community comments received and enables winter watering when evaporation is less of a concern and also enables people to keep lawns moist during especially dry periods of the year. ✓ Further revised the watering restriction to allow watering through low-volume, drip, or sub-surface irrigation systems at any time of day. ✓ Removed the “deadheading” requirement in the maintenance section. There were two additional requests from council members to consider, but were not requested from the majority of council: o Consider allowing succulent type vegetation in noncombustible zones, as recommended by a member of the community, and o Consider revising the tree and plant list to be a ‘Do Not Plant’ list only. Staff has not incorporated these changes, because while succulents may be significantly less flammable due to their high water content, an accumulation of succulent are still susceptible to catching fire if the fire is hot enough to dry out the

plants during a wildfire event and also because instances of no maintenance or removal of dead, dry succulents could greatly increase flammability in the noncombustible zone. Extensive studies indicate that avoidance of vegetation in the non-combustible zone is the number one measure to prevent structure fires. Therefore, staff continues to find that no vegetation should be allowed in the noncombustible zones (again, this is only required for new development projects and some redevelopment projects). As previously provided, the Insurance Institute for Business & Home Safety (IBHS) notes the following in their Suburban Wildfire Adaptation Roadmaps document: “The zone within 0–5 ft from a home plays an important role in preventing deposited embers from transitioning into flames near the home…Having small shrubs or perennials increases the risk, depending on the home’s level of fire resistance— keeping these maintained is key to managing the risk. Any type of combustible structural fuel or vehicles in this area creates a high risk. Additionally, embers can ignite a house directly if there are combustible building materials at ground level… Surface fuel management is extremely important at the base of vertical solid surfaces such as walls and fences. Having a 0–5 ft noncombustible zone prevents the conversion of embers to flames around the home.” Staff also continues to find that the comprehensive tree and plant list is preferrable to a ‘Do Not Plant’ list since it provides an extensive list of trees that adapted and appropriate in our localized climate, is a best practice used by other adjacent communities (e.g., Arvada, Aurora, Commerce City, and Fort Collins), and also, because the list best implements the water conservation and wildfire resilience goals of the project. It is also an adaptable list that can be consistently added to and revised to react to any changing conditions.

Staff recommendation Staff’s recommendation is to adopt Ordinance 8721, finding that the ordinance is consistent with the BVCP per the analysis in this memorandum and the revised sections discussed above. Staff also finds that the ordinance would further the goals of the Water Efficiency Plan and the Community Wildfire Protection Plan by making incremental steps towards increasing water conservation efforts, expanding and preserving tree canopy for urban cooling (and less water loss), and advancing wildfire resilience through landscaping regulations that require low flammability plants and more fire resistant native vegetation. The ordinance also includes necessary updates to the wildland code to refer to the new tree and plant list as well as clarifications about applicability. Lastly, the ordinance would bring the city into compliance with recent state legislation on the use of non-functional turf and native plants.

Equity Analysis Staff utilized the Racial Equity Instrument to analyze equity impacts of both the

Waterwise Landscaping and Wildfire Hardening projects, including establishing outcomes, collecting data, determining benefit and burden, and developing strategies. This tool has been initiated to guide efforts in this project, limit any disproportionate burdens, and advance racial equity. With increasingly more complicated requirements, licensed landscape architects become more necessary. Such a requirement would increase the financial burden on property owners. This could disproportionally impact people of color in the community. Further, increased complexity in requirements over time will require more detailed review of landscape plans and potentially longer plan/permit approval times. Further, if more properties are subject to the requirements, the number of landscape plans needing review could increase. This would necessitate more city staffing. In addition, if there are more stringent requirements, there would be increased need for inspections and potentially enforcement for properties that do not comply. This also increases need for more staff. These considerations must also be balanced with changes that achieve real results to advance water conservation, wildfire resiliency, and urban cooling. Based on these impacts, staff has raised this as a Key Issue consideration. At the Oct. 16, 2025 public hearing, City Council responded to concerns raised by the community on the changes in scope and the requirement for licensed landscape architects to prepare plans. In response, staff has revised the ordinance to adjust the scope percentages back to the current triggers for a landscape plan and removed the requirement for a licensed landscape architect to prepare plans.

Fiscal Note Current Year Estimated Fiscal Impact Fund(s): 2120FD (P&DS Fund) Department(s): P&DS Program(s): N/A The policies modifying wildfire hardening and waterwise landscape requirements as part of this agenda item are scoped to be managed within current staffing in 2025 and 2026. In future budgeting cycles, P&DS will gauge the increase to staff workloads caused by the update, which no meaningful figure can be attributed to as of now. P&DS anticipates there will be impacts to work concerning tree coverage / tree protection updates along with other work department work groups. P&DS will account for these and other department needs during the budget development process for 2027 and prioritize requests accordingly given the budget environment.

FY 2025 Budget

FY 2025 Estimated Impact

FY 2025 Net Change

Beginning Fund Balance

$20.43 M

0

$20.43 M

Total Forecasted Revenue

$14.22M

0

$14.22M

Total Estimated Expenses

$16.45M

0

$16.45M

Ending Fund Balance(s) After Reserves

$16.01M

0

$16.01M

FTE

113

0

113

Item

Three-Year Estimated Fiscal Impact

Item

FY 2025

FY 2026

FY 2027

Total Forecasted Revenue

$0

$0

$0

Total Estimated Expenses

$0

$0

$0

Net Estimated Impact

$0

$0

$0

Climate, Resilience, and Sustainability Considerations Both the Wildfire Hardening and Waterwise Landscaping projects would help implement policies of the Boulder Valley Comprehensive Plan, the Water Efficiency Plan, and the Community Wildfire Protection Plan, as well as Cool Boulder initiatives. These steps are aligned with Boulder’s climate, resilience, and sustainability goals. Separately, the city is also doing heat vulnerability mapping to help guide future actions to mitigate urban heat island effect and reduced use of water. In 2026, the city will be conducting a Climate Resilient Landscapes Challenge. This initiative will highlight

landscapes across the city in different types of land ownership classes — detached dwelling unit residential, multi-unit residential, commercial and institutional — that integrate landscape design and maintenance practices that enhance cooling, water absorption, biodiversity, and other ecosystem services. Landscapes we will increasingly need to rely on to counter the impacts of climate change. Considering the cost, staffing, and implementation challenges alongside moving forward with changes that can achieve real results, staff has proposed a "Phased Implementation" in that the present form of the landscape manual has been developed and recognized as a first iteration, a foundational version that can be implemented with current staffing levels once the ordinance goes into effect.

Community Engagement Community engagement on the Waterwise Landscaping project has largely focused on a consult level of engagement. The city’s Water Efficiency Plan, described above, was completed in 2024 and a summary of community engagement is included at this link. That planning process included community engagement activities such as online questionnaires, stakeholder meetings, and staff workshops. As there is significant subject matter overlap, the feedback received through the Water Efficiency Plan process has informed this project, such as strong community support for additional water conserving measures. The community has been informed of the Waterwise Landscaping project through a project website, emails sent out to interested members of the community, and the P&DS Newsletter. Staff also created and promoted the Be Heard Boulder webpage for people to review the materials (e.g., drafts of the land use code change, landscape manual, and tree and plant list discussed in this memorandum) and provide feedback online. Comments received as of Oct. 1 can be reviewed in the Oct. 16, 2025 memo. Generally, comments have been supportive of additional water conserving measures with some comments noting that the city should go further with the regulations to restrict additional water intensive turf like Kentucky Bluegrass. One comment points out the increasing complicated nature of requirements and another presents a concern that turf removals will result in more landscape rocks, less trees, and environments that will drive up temperatures. Comments also relate to the importance of preserving trees, ensuring long term tree health, and maintenance challenges with landscaping. Staff reached out to local design professionals specializing in landscaping and those involved in development, plant specialists, and landscape contractors that work in the community to obtain feedback. Staff held two community meetings (virtual and in person) to address comments or questions on the proposed code change, tree and plant list, and landscape manual. In addition, staff held office hours for people to drop in for questions or comments. Staff also met with plant specialists who provided thoughtful, detailed comments that led to adjustments to the tree and plant list. A summary of comments by comments and topic can be found in the Oct. 16, 2025 memo.

In advance of the Oct. 16, 2025 public hearing, City Council received a substantial number of written communications from residents that were opposed to the ordinance and manual largely citing the following concerns: 1. Requirement of licensed landscape architect for landscape plan preparation; 2. Changes in the scope requirements for landscape plans due to increased; expense; 3. Requirement for licensed arborists to review alterations to trees; 4. Opposition to the removal of junipers; and 5. Opposition to the 3-foot height restriction for urban agriculture (e.g., gardens or agriculture on private property). At the direction of council and in response to community comment, staff has revised the ordinance and manual to not require licensed landscape architects, removed the height restriction from urban agriculture, and eliminated the scope change requirement (current scope percentages would apply). The licensed arborist requirement cited in several communications is a current requirement in the Boulder Revised Code and only applies to city trees in the right-ofway and not on private property. With respect to junipers, the prohibition on new juniper plantings went into effect citywide on Aug. 1, 2025, but it is not retroactive. Homeowners are not required to remove existing junipers unless a property is being redeveloped where a permit is sought. Staff has followed up with the residents on these topics. Staff intends to hold office hours in advance of the continued public hearing should members of the community have any questions or additional comments on these matters.

Workplan Considerations The ordinance would implement the last component of the 2024-2025 work program priority on Wildfire Hardening and Waterwise Landscaping and increases the city’s ability to meet goals on water conservation, wildfire resiliency, and broadening city urban tree canopy. The ordinance would also bring the city into compliance with Colorado Senate Bill SB24-005 and Colorado House Bill HR25-1113 that restrict turf and non-native plants. While this completes this particular work program priority, future work addressing the city’s environmental and resilience goals are anticipated. As staffing allows, additional changes to the landscape manual and tree and plant list will be implemented.

Next Steps for City Council Upon council passing amended Ordinance 8721 it will go to a third reading for adoption. Third reading could take place on February 5, 2026, on City Council’s consent agenda.

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Attachments Attachment A – Proposed Amended Ordinance 8721 Attachment B – Draft Landscape Manual (Updated) Attachment C – Draft Boulder Approved Tree and Plant List