(i) low water use requirements on lawns during drought conditions; (ii) design criterion for water wise landscaping; and (iii) limiting permissible plant material to specific water wise plant material. (b) A rule may not: (i) prohibit or restrict the conversion of a grass park strip to water wise landscaping as defined in Section 57-8a-231; (ii) prohibit low water use on lawns during drought conditions; or (iii) prohibit, or have the effect of prohibiting, a lot owner from removing vegetation from the lot owner's lot that is within a designated wildland-urban interface area, as defined in Section 65A-1-1. (16) (a) Except as provided in Subsection (16)(b), a rule may not prohibit the owner of a residential lot from constructing an internal accessory dwelling unit, as defined in Section 10-21-101 or 17-80-101, within the owner's residential lot. (b) Subsection (16)(a) does not apply if the construction would violate: (i) a local land use ordinance; (ii) a building code; (iii) a health code; or (iv) a fire code. (17) (a) Except as provided in Subsection (17)(b), a rule may not prohibit the owner of a residential lot from making modifications, consistent with industry standards, for radon mitigation. (b) Subsection (17)(a) does not apply if the modifications would violate: (i) a local land use ordinance; (ii) a building code; (iii) a health code; or (iv) a fire code. (c) A rule governing the placement or external appearance of modifications for radon mitigation does not apply to a lot owner's modifications if the rule would: (i) unreasonably interfere with the modifications' functionality; or (ii) add more than 40% of the modifications' original cost to the cost of installing the modifications. (d) A rule may require that a lot owner making modifications related to radon mitigation: (i) demonstrate or provide proof of radon contamination; and (ii) provide proof that the modifications and any related construction will be performed by a licensed person. (18) A rule may restrict a sex offender from accessing a protected area that is maintained, operated, or owned by the association, subject to the exceptions described in Subsection 53-29-306(3). (19) (a) As used in this Subsection (19), "vegetable garden" means a plot of ground or elevated soil bed where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultivated. (b) A rule may not prohibit a vegetable garden on the rear yard of a lot on which the association does not have an ownership interest or a maintenance responsibility. (c) A rule may: (i) impose reasonable regulations that do not significantly increase the cost of cultivating a vegetable garden or significantly decrease the efficiency of cultivating a vegetable garden, including reasonable regulations on plant height, water use, fertilizer use, and weed maintenance; and (ii) prohibit the cultivation of invasive or unlawful species. (20) (a) Except as provided in Subsection (20)(b), a rule may not restrict an individual from parking an operable vehicle in a driveway where the vehicle has a legal right to park, unless the vehicle is: (i) a commercial vehicle, as defined in Section 72-9-102; (ii) a motor home, as defined in Section 13-20-2; (iii) a recreational vehicle trailer, as defined in Section 13-20-2; (iv) a trailer, as that term is defined in Section 41-1a-102; (v) an off-highway vehicle, as that term is defined in Section 41-22-2; (vi) special mobile equipment, as that term is defined in Section 41-1a-102; or (vii) a motorboat, as that term is defined in Section 73-18-2. (b) A rule may require that an individual park in a garage appurtenant to a dwelling before parking elsewhere. (21) (a) Except as provided in Subsection (21)(b), a rule may not restrict an individual from operating a vehicle that is not a commercial vehicle, as defined in Section 72-9-102, in conformance with state traffic laws. (b) A rule may enforce a reduced speed limit on a private roadway. (22) A rule may not: (a) prohibit a lot owner from installing a personal security camera immediately adjacent to the entryway, window, or other outside entry point of the owner's dwelling unit; (b) impose a requirement or restriction on: (i) a dwelling's interior, except as reasonably necessary for the safety of adjacent lots and the occupants of those lots; or (ii) the use of a public street, as defined in Section 10-20-102; (c) restrict an individual from: (i) installing, displaying, or storing an item that the individual has a legal right to store if the item is not visible to an individual standing outside the lot; (ii) installing or keeping a properly maintained basketball standard on the individual's driveway or property if the driveway or property where the basketball standard is located is: (A) privately owned and maintained; and (B) abutting a public street; or (iii) hiring a contractor or worker solely because the contractor or worker: (A) is not on the association's preferred vendor list; or (B) does not have a professional or occupational license, unless the license is required by law; or (d) be inconsistent with a provision of the association's declaration, bylaws, or articles of incorporation. (23) A rule shall be reasonable. (24) A declaration, or an amendment to a declaration, may not vary the requirements of Subsection (1)(b)(ii). (25) This section applies to an association regardless of when the association is created.
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