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Clermont adopts new landscaping and irrigation rules amid legal questions about state law

5528290 · July 29, 2025
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Summary

The council adopted updates to the land development code and water-efficient irrigation rules 4-1, adding soil amendment requirements, smart-controller irrigation standards, reduced sod allowances and the 'New Yard Pattern Book' as the city's guidance; city attorney warned the state’s SB 180 may conflict with the new rules.

The City of Clermont City Council approved two ordinances changing landscaping and irrigation sections of the land development code, voting 4-1 to adopt the changes and to incorporate the 'New Yard Pattern Book' as a required standard.

The adopted amendments revise definitions for tree categories, require soil amendments (compost) before planting, require smart irrigation controllers, reduce the maximum allowed non-drought-tolerant sod from 60% to 25% and replace the prior plant lists with a new, updated landscape standards reference. The changes also direct how the city will set an annual water budget per customer consistent with its consumptive-use permit from the St. Johns River Water Management District.

Planning staff said the changes are intended to reduce irrigation demand and protect the aquifer. Public commenters — including homeowners and an irrigation contractor — urged additional measures such as reclaimed-water infrastructure and pressed for more attention to installation quality and post‑installation inspections. Several residents urged incentives and education for homeowners, rather than penalties.

City legal counsel warned council that Florida Senate Bill 180 (SB 180), enacted earlier in 2025, restricts local governments’ ability to impose new development requirements and that portions of the new landscaping code could be seen as more restrictive. Counsel said the law is vague and subject to imminent challenge; staff noted a pending statewide lawsuit intended to test SB 180’s limits. Nonetheless the council majority decided to proceed, saying the measures respond to immediate local water‑conservation goals and that the city may revise the code if legal action dictates.

The two ordinances were approved on first reading with 4‑1 votes after a minor amendment updating an adoption date and explicitly incorporating the New Yard Pattern Book. Mayor Tim Murray cast the lone dissenting vote on both ordinances, citing concerns about state preemption and potential legal exposure.

Council and staff said the city will make education materials available to builders and homeowners and will continue discussions with the county and regional water managers about reclaimed-water solutions.