HOA Landscaping Rights
HOA Native Plant and Xeriscape Laws by State
Most states with active water conservation programs have passed laws that limit what HOAs can prohibit. If your HOA is threatening fines for removing grass or planting natives, state law may be on your side.
What this covers: Whether your state has a statute, what your HOA can and cannot restrict, and how to frame a xeriscape or native plant project so it passes HOA review. This is educational context, not legal advice.
Key Takeaways
- Texas, California, Nevada, Colorado, and Arizona all have statutes that limit HOA authority over drought-tolerant or native plant landscaping.
- Pennsylvania, Illinois, and Maryland have native vegetation laws that protect registered native plant gardens from local ordinance enforcement — HOA application varies.
- In every state, HOAs retain the right to set reasonable maintenance and appearance standards. The law limits HOAs from requiring turf or banning xeriscape — not from requiring that landscaping look cared for.
- The strongest HOA cases combine state law with a formal rebate application from a water utility, which signals the project is planned and city-endorsed.
State Statute Guides
Texas
Texas Property Code §202.007
Texas Property Code §202.
California
California Civil Code §4735
California Civil Code §4735 prohibits HOAs from preventing homeowners from using drought-tolerant or low-water-use plants as a replacement for lawn.
Nevada
NRS 116.2112
Nevada Revised Statutes §116.
Colorado
Colorado Revised Statutes §38-33.3-106.5
Colorado House Bill 23-1152 (2023) prohibits HOAs from preventing homeowners from installing xeriscape or drought-tolerant landscaping.
Arizona
Arizona Revised Statutes §33-1261 / §33-1817
Arizona law prohibits HOAs from preventing homeowners from replacing grass with drought-tolerant, low-water landscaping.
Pennsylvania
Pennsylvania Native Vegetation Law
Pennsylvania has enacted legislation to protect homeowners who choose to maintain native plant gardens from HOA penalties and local ordinances requiring conventional lawn maintenance.
Illinois
Illinois Native Landscaping Act (5 ILCS 855)
The Illinois Native Landscaping Act (5 ILCS 855, effective January 1, 2020) prohibits units of local government and state agencies from banning or penalizing native plant landscapes.
Maryland
Maryland HOA Act — Lawn and Landscaping Provisions
Maryland law restricts HOAs from preventing homeowners from establishing native plant gardens or from maintaining drought-tolerant landscaping.
Related Resources
- HOA-Approved Native Plants by State
Plants that work in HOA landscapes — native species selected for visual structure and neighborhood acceptance.
- Water Rebate Programs by State
Many states that protect xeriscape rights also offer $1–$5/sq ft to remove lawn. Having a rebate application strengthens your HOA case.
- State Laws for Native Plant Gardens (Full Overview)
Broader coverage including states without HOA-specific protections.