A Judge Is Weighing Whether to Pause Enforcement of the "Nonfunctional" Grass Law

by Ryan Rose

What Happened

The plaintiffs in a lawsuit against the Southern Nevada Water Authority, or SNWA, want enforcement of the turf law put on hold until the case is decided. That kind of court order is called a preliminary injunction. In the week of Oct. 26, a district court judge heard both sides argue whether water managers must pause enforcement. The Review-Journal reported that the judge was weighing the request. A ruling had not been reported as of Nov. 1.

The law in question is Assembly Bill 356, passed in 2021. It bans the use of Colorado River water on nonfunctional turf. According to FOX5, it requires that grass to be removed by Dec. 31, 2026, and it bars watering it with Colorado River water starting in 2027. Since nearly all of the valley's water comes from the Colorado River through Lake Mead, that effectively means the decorative grass has to go.

The hearing had been a while in coming. In late September, News 3 Las Vegas reported that a planned hearing at the Phoenix Building in downtown Las Vegas was canceled at the court's request and expected to be rescheduled. At that time, News 3 said the plaintiffs were expected to ask for a preliminary injunction to stop SNWA enforcement until the case is resolved, a process that could take years. A ruling was also expected on whether the case can go forward as a class action covering a much larger group of property owners.

SNWA has asked the court to dismiss the amended class action complaint, according to News 3. The agency declined to comment to News 3 on the pending case. In earlier filings reported by FOX5, SNWA's attorneys argued that the lawsuit would keep the agency from carrying out what the Legislature directed it to do.

One more detail matters. The Review-Journal lede did not name the judge or give the exact hearing date, so we are leaving those out here rather than guess. When a ruling comes, we will update this story with the details.

A gravel garden with cacti and succulents, a common desert-friendly replacement for grass in Las Vegas yards and HOA common areas

Why It Matters to Las Vegas Residents

First, who the law covers. AB 356 is not about the lawn in front of a typical single-family home. The SNWA rebate page says that starting in 2027, Colorado River water may not be used to irrigate nonfunctional grass in business complexes, along HOA community streets, and in traffic circles and medians. The proposed Las Vegas Valley Water District fines, reported by FOX5, target properties not zoned only for single-family homes, such as shopping centers, business parks, apartment complexes, and HOA common areas.

So if you own a house with your own front lawn, that lawn is generally not the target. But if you live in an HOA, the grass along your entry, in the medians, and around the common areas likely is. And whatever your HOA spends to remove it, or pays in fines for not removing it, comes out of the budget your dues pay for.

That is why this ruling matters. If the judge pauses enforcement, HOAs that have not finished their conversions may get breathing room. They could slow down, collect better bids, and plan the work instead of rushing it. If the judge does not pause enforcement, the deadline stays put, and boards that have waited are running out of time.

Fines are the next piece. On Sept. 30, FOX5 reported that the Las Vegas Valley Water District proposed fines starting Jan. 1, 2027, for properties that keep watering nonfunctional grass. The proposed fines start at $80 for a first violation on a small meter and can climb to $5,120 for a fifth or later violation on a large meter. Fines double with each violation. The district set a formal public hearing for Dec. 1, 2026. Colby Pellegrino, deputy general manager for SNWA and the water district, told FOX5 that "Property owners with non-functional turf have been aware for over five years that this was coming."

So what counts as "nonfunctional"? Pellegrino offered a simple test to FOX5: it is grass where "the only person walking on it is the landscaper." She also described it as turf "that's not serving a recreational value in the community." Grass where kids play, where people throw a ball, or where families picnic is generally treated differently from a strip of lawn by an entry sign or in a street median. The lawsuit argues that the law itself never defines these terms, which is one reason the case is in court.

Renters feel it too. Apartment complexes are covered. If a complex still has decorative lawns, the owner either pays to convert them or risks fines, and either cost can show up in rent later. The same goes for businesses that lease space in shopping centers, since landlords often pass common-area costs to tenants.

Background and History

Nevada lawmakers passed AB 356 in 2021. The idea was simple: water sprayed on decorative grass soaks in or evaporates, and it does not come back to Lake Mead. Water used indoors gets treated and returned to the lake, which earns the state return-flow credits. Grass that nobody walks on was seen as one of the easiest places to save water in a region that depends on a shrinking river.

Southern Nevada had been paying people to remove grass for a long time before the law. SNWA's Water Smart Landscapes rebate, often called "cash for grass," pays property owners to replace lawn with water-efficient landscaping. The 2021 law took the voluntary approach one step further for non-single-family properties.

A lake marina surrounded by dry desert hills under a blue sky, showing how the Las Vegas valley depends on Colorado River water stored in Lake Mead

The lawsuit has been going on most of this year. In late January 2026, FOX5 reported that a district court judge issued a temporary restraining order barring SNWA from labeling any turf as functional or nonfunctional while the case moved forward. The homeowners who sued said the ban on grass in their community was killing their trees, and that the grass was functional because it kept the trees alive. SNWA said that order was "issued solely to maintain the status quo through the hearing date." The order was later narrowed. News 3 reported in February that a restraining order filed Feb. 15 stopped SNWA from removing nonfunctional turf only at the named plaintiffs' households, not across the whole valley.

In April, FOX5 reported that SNWA asked the Nevada Supreme Court to dismiss the suit. Then, in August, News 3 reported that the plaintiffs filed a 40-page motion asking the court to certify three classes: residential owners; HOAs and golf courses; and churches and religious institutions. The filing argued that the law does not define functional or nonfunctional turf, does not give SNWA enforcement power, and does not create penalties. It also estimated that more than 500 religious institutions could be in the church class. The plaintiffs are not seeking money damages. They want one valley-wide ruling on how SNWA designates and enforces turf.

We have covered this fight before. You can read our earlier posts on the lawsuit and on the proposed HOA fines in the Related Stories links at the top of this page.

What Happens Next

The next big moment is the ruling on the request to pause enforcement. The judge could grant a pause for everyone, grant a narrower pause, or deny it. There is no public date for the ruling. Separately, the court still has to decide on class certification and on SNWA's motion to dismiss. Whatever happens, an appeal to the Nevada Supreme Court is possible.

Here are the key dates to keep in mind:

Any day now: A possible ruling on pausing enforcement. None was reported as of Nov. 1.
Dec. 1, 2026: Formal public hearing on the Las Vegas Valley Water District's proposed turf fines.
Dec. 31, 2026: The removal deadline under AB 356.
Jan. 1, 2027: Proposed start of water district fines and the ban on Colorado River water for nonfunctional turf.

Until a court says otherwise, the law and the deadline stand. That is the safest way to plan.

Ryan's Take

I understand both sides of this one. Water is the biggest long-term question for anyone who owns a home in Las Vegas, and saving it protects all of our home values over time. At the same time, I hear from homeowners who love the green spaces in their communities and worry about heat, shade, and trees. Those concerns are real, and that is part of why this ended up in court.

For buyers, I now ask one more question when we look at homes in an HOA: has the community finished removing its nonfunctional grass? If yes, that work is likely done and paid for, maybe with a rebate. If no, it could mean a special assessment, higher dues, or fines down the road. For sellers in HOAs, a community that already converted is a quiet selling point. My advice to HOA boards is to plan as if Jan. 1 is real, because under current law, it is. If the judge grants a pause, great, you gained time. If not, you are not scrambling.

A walking path winding through a garden filled with cacti, an example of water-smart landscaping used in place of decorative turf

What You Can Do

If you live in an HOA, ask your board or management company where things stand. Is there still decorative grass in the common areas? Is a conversion planned or underway? Has the HOA applied for a rebate? Is it in the budget? Board meetings are usually open to members, and these are fair questions for any owner.

If you manage an HOA, business, or apartment property, look at the SNWA Water Smart Landscapes rebate before you remove anything. According to SNWA, business, HOA, and multifamily properties can get $5 per square foot for the first 10,000 square feet converted and $1.50 per square foot after that. Single-family homes get $5 per square foot for the first 10,000 square feet and $2.50 after that. The big rule: you must have a pre-conversion site visit and approval first. Removing grass without approval makes the project ineligible. Converted areas need drip irrigation, at least 50% plant coverage at maturity, and a signed conservation easement.

A few more rebate details are worth knowing, per SNWA. Projects must be finished within 12 months, with a possible extension of up to 90 days. Business, HOA, and multifamily conversions over a quarter acre, about 10,890 square feet, also need written approval from the local planning department. And the conservation easement is permanent, so the converted area cannot go back to irrigated grass later. With the deadline this close, contractors may be busy, so getting on SNWA's schedule for a site visit early is smart.

If you are buying in an HOA community this winter, ask for the HOA's budget, reserve study, and recent board minutes during your review period. Look for any mention of turf conversion, rebates, special assessments, or water district notices. Those documents usually tell you more than a quick look at the common areas.

And keep watching the court. A ruling could come at any time. We will share it here as soon as it is reported.

Have questions about how this affects your home or neighborhood? Reach out to Ryan Rose or text/call 702-747-5921 anytime. You can also email ryan@rosehomeslv.com or visit rosehomeslv.com. Ryan Rose | Real Broker, LLC.