Colorado HOA Xeriscape Law: SB 23-178 Explained
Colorado Revised Statutes §38-33.3-106.5 — SB 23-178 (2023) (effective 2023)
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.
What Your HOA Cannot Do Under Colorado Law
- ✓Prevent a homeowner from installing xeriscape, drought-tolerant, or nonvegetative landscaping
- ✓Require traditional turf grass that needs regular irrigation
- ✓Require hardscape on more than 20% of a landscape area
- ✓Reject every design option that is 80% or more drought-tolerant plantings
- ✓Enforce CC&Rs that conflict with C.R.S. §38-33.3-106.5
What Your HOA May Still Regulate
- –Adopt reasonable design and aesthetic guidelines for type, number, and placement of plantings
- –Require that replacement landscaping be maintained and kept tidy
- –Review landscaping designs through an architectural review process
- –Set reasonable maintenance standards during plant establishment
The law limits what HOAs can prohibit, not what they can regulate. Keeping your landscaping maintained and intentional-looking is the most effective way to avoid friction under any HOA regime.
Official source: Colorado Revised Statutes §38-33.3-106.5 text (opens in new tab). This page is educational context, not legal advice. For enforcement questions, consult a Colorado HOA attorney.
Frequently Asked Questions
When did Colorado's HOA xeriscape law take effect?
SB 23-178 was signed into law in 2023 and amended C.R.S. §38-33.3-106.5. It applies to HOA governing documents and enforcement actions from that point forward. Existing CC&Rs that conflict with the statute are superseded.
Does the Colorado law apply to both front and back yards?
SB 23-178 applies to property a unit owner is responsible for maintaining, which generally covers front, back, and side yards in single-family HOA communities. An HOA cannot prohibit xeriscape in areas visible from the street or in any area where it otherwise sets landscaping rules. Check with a Colorado attorney if your HOA is applying the rule inconsistently.
Can a Colorado HOA still require us to water new plants?
An HOA can set reasonable maintenance standards, including requirements to keep plants alive during establishment. What an HOA cannot do is use a watering requirement as a pretext for requiring traditional high-water turf.
Does the law require my HOA to publish preapproved designs?
Yes. SB 23-178 requires HOAs in single-family communities to develop at least three preapproved water-wise garden designs for front yards. If your HOA has not done this, that is a compliance gap worth raising with the board in writing.