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ALBUQUERQUE -- Neighborhood groups can no longer force homeowners to have grassy yards, under a bill approved by Albuquerque city councilors.
The council voted 6-3 in favor of an ordinance that prohibits property associations -- both residential and commercial -- from requiring mostly high water-use grass in yards.
A property-owners association could, however, still have a covenant requiring that up to 20 percent of the yard be high water-use grass. The group couldn't require more than that amount.
The bill now goes to Mayor Martin Chavez, who has said he intends to sign it.
The bill is intended to ensure that all property owners can choose to plant a xeriscape if they want.
"If someone wants to conserve water, they should be able to do that," said Councilor Martin Heinrich, who proposed the bill.
Opponents of the ordinance said it infringes on the right of neighborhood associations to establish covenants that protect property values and give subdivisions a uniform appearance.
"The proposal before you .".". will not make Albuquerque a more beautiful city," Northeast Heights resident Richard Wilhelmi told councilors.
Michael Cadigan, Eric Griego, Miguel G¢mez, Debbie O'Malley and Brad Winter joined Heinrich in voting to support the bill.
Councilors Sally Mayer, Craig Loy and Tina Cummins opposed the bill.
The proposal would allow residents and business owners to plant low water-use vegetation on their property, even if covenants require grass.
Heinrich said the ordinance is justified by the city's high-desert environment and limited water supply. There is a legitimate public interest, he said, in avoiding the environmental damage caused by overpumping Albuquerque's groundwater supply.
Regardless, opponents of the bill said it is inappropriate to override covenants and property rights.
An analysis by the city Legal Department suggests the bill would withstand a court challenge "because water conservation is an important public policy and the limits on landscaping covenantsSdo not extend beyond what is necessary to pursue that policy."
Nearly two dozen people testified before the council, with most in favor of the bill.
"This ordinance, it would level the playing field," West Side resident Sander Rue said. "We feel every homeowner should have the right to choose."
Others vigorously spoke against it.
Attorney David Campbell, who represents a coalition of homeowners associations, said covenants are an important way for private property owners to influence how land is used.
"What you're doing is impairing those contracts," he said. "That's inappropriate."
It's unclear how many subdivisions have covenants requiring grassy yards. A representative of the nonprofit Xeriscape Council of New Mexico said the covenants were common before the 1980s, when the limits of Albuquerque's water supply weren't clear.
City officials now say that, in about 25 years, Albuquerque will run out of problem-free groundwater at the current rate of growth, unless the depletion is stopped.
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