Illinois HOA Native Plant Law: The Homeowner's Native Landscaping Act (765 ILCS 167/)
Homeowner's Native Landscaping Act (765 ILCS 167/) (effective 2024)
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.
What Your HOA Cannot Do Under Illinois Law
- ✓Completely prohibit a resident from planting or growing Illinois native species
- ✓Reject a native landscape solely because it is not a conventional turf lawn
- ✓Enforce a pre-2024 covenant that amounts to a complete ban on native species
What Your HOA May Still Regulate
- –Require that the native landscape be intentionally maintained and kept predominantly free of weeds, invasive species, and trash
- –Require that vegetation not extend onto neighboring lots, sidewalks, streets, or common areas, or interfere with traffic or utilities
- –Apply reasonable design and placement standards short of a complete prohibition
- –Require pre-approval through architectural review
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: Homeowner's Native Landscaping Act (765 ILCS 167/) text (opens in new tab). This page is educational context, not legal advice. For enforcement questions, consult a Illinois HOA attorney.
Frequently Asked Questions
Does Illinois law protect my native garden from my HOA?
Yes, with conditions. The Homeowner's Native Landscaping Act (765 ILCS 167/, effective July 2024) bars a community association from completely prohibiting Illinois native species, as long as your native landscape is intentionally maintained, kept free of weeds, invasive species, and trash, and does not extend onto neighboring or common property. The HOA can still regulate maintenance and placement, so it is narrower than the Texas or California laws. Consult an Illinois HOA attorney about your specific governing documents.