HOA Native Plant and Xeriscape Laws by State

Texas Property Code §202.007

Texas Property Code §202.007 prohibits HOA deed restrictions from preventing a homeowner from replacing grass with drought-resistant plants or xeriscape. The law has been in place since 2003 and has been updated over time to strengthen homeowner protections. HOAs may still set reasonable maintenance and appearance standards, but cannot require a homeowner to keep or restore a traditional grass lawn.

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, and voids any governing document provision that requires turf or restricts compliance with a local water-efficient landscape ordinance. Section 4735 also bars an HOA from fining a homeowner for reducing or eliminating watering during a declared drought emergency or mandatory water restrictions. The law reflects California's ongoing water conservation policy direction under drought conditions.

NRS 116.330

Nevada Revised Statutes §116.330 gives a unit owner the right to install or maintain drought tolerant landscaping on the portion of the community they occupy and use exclusively, including the front yard and back yard, after submitting a plan for architectural review. The executive board may not unreasonably deny or withhold approval, or unreasonably decide that the landscaping is incompatible with the community. The statute defines drought tolerant landscaping to include decorative rock and artificial turf, and directs that it be construed liberally in the homeowner's favor. Separately, the Southern Nevada Water Authority pays some of the highest turf-removal rebates in the country in the Las Vegas Valley.

Colorado Revised Statutes §38-33.3-106.5

Colorado Senate Bill 23-178 (2023) amended C.R.S. §38-33.3-106.5 to prohibit HOAs from banning xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes on property a unit owner is responsible for. HOAs cannot require hardscape on more than 20% of a landscape area and must allow at least one design option that is 80% or more drought-tolerant plantings. HOAs are required to develop at least three preapproved water-wise garden designs for front yards. The law reflects Colorado's water conservation priorities on the Front Range and Western Slope.

Arizona Revised Statutes §33-1819

Arizona has no broad statute equivalent to Texas §202.007. The only on-point HOA landscaping protection is A.R.S. §33-1819, which bars an HOA from prohibiting artificial turf in communities that allow natural grass (after the developer control period), subject to reasonable rules and natural-environment exceptions. Living xeriscape and native-plant beds are not statutorily protected from HOA restrictions; HOA governing documents control, subject to reasonable and consistent enforcement.

No statewide HOA protection (as of 2026)

Pennsylvania does not currently have a statewide law that explicitly overrides HOA restrictions on native plant landscaping. Planned communities in Pennsylvania are governed by the Uniform Planned Community Act (68 Pa.C.S. §§5101-5414), which contains no native-plant or landscaping carve-out. Local governments (cities and townships) may have their own ordinances allowing native gardens, and the PA Native Plant Society is actively working toward state legislation. Homeowners in Pennsylvania HOA communities should review their specific CC&Rs and consult a Pennsylvania HOA attorney. Without a statewide statute, HOA deed restrictions on landscaping are generally enforceable in Pennsylvania.

Homeowner's Native Landscaping Act (765 ILCS 167/)

The Illinois Homeowner's Native Landscaping Act (765 ILCS 167/), effective July 19, 2024, bars community associations from completely prohibiting a resident from planting or growing Illinois native species. The protection is conditional: the native landscape must be intentionally maintained, kept predominantly free of weeds, invasive species, and trash, and must not extend onto neighboring lots or common areas. It does not strip an HOA of the power to regulate landscaping, so it is narrower than the xeriscape laws in Texas or California. A separate older law, the Illinois Native Landscaping Act (5 ILCS 855, 2020), protects native gardens from local government weed ordinances but does not bind HOAs.

Maryland Real Property Article §2-125

Maryland Real Property Article §2-125 (enacted via HB 322, effective October 2021) prohibits property restrictions — including HOA rules and deed covenants — from imposing unreasonable limitations on low-impact landscaping. Low-impact landscaping is defined to include bio-habitat gardens, pollinator gardens, rain gardens, and xeriscaping. Critically, HOAs cannot require cultivated vegetation to consist in whole or in part of turf grass. HOAs may still set reasonable design and aesthetic guidelines regarding the type, number, and location of landscaping features.