State Laws Protecting Native Plant Gardens
A growing number of states have passed laws that limit what HOAs can do about native plants, xeriscaping, and low-impact landscaping. This page summarizes the main ones and links to deeper guides where we have them.
Quick version
- •At least nine states have laws that protect native plants, drought-tolerant landscaping, or low-impact landscaping from HOA bans.
- •Texas, Maryland, Florida, Illinois, Maine, Colorado, and Nevada have the clearest HOA-related protections. Minnesota limits cities, not HOAs.
- •Virginia and New York have had bills introduced; neither has passed as of 2025. If you live there, advocates are still pushing.
- •Even with a state law, your HOA can usually set rules about how your yard looks (tidiness, height, maintenance). A clear plan still helps.
State-by-state summary
Laws change. Treat this as a starting point and confirm with your state or a local attorney if you need to cite a statute.
| State | Law / citation | Year | What it does |
|---|---|---|---|
| Texas | Texas Property Code §202.007 | 2021 | HOAs cannot ban drought-resistant landscaping, native plants, or xeriscaping. |
| Maryland | House Bill 322 | 2021 | HOAs must allow low-impact landscaping (native plants, xeriscaping, rain gardens). Cannot require turf grass. First-in-nation. |
| Florida | F.S. 373.185 | 2009 (updated) | Homeowners in HOAs may use Florida-Friendly Landscaping, designed for wildlife and water conservation. |
| Maine | LD 649 | 2023 | HOAs cannot impose unreasonable limits on low-impact landscaping: native plants, pollinator gardens, rain gardens, xeriscaping. |
| Minnesota | State law | 2023 | Cities cannot mandate turf grass lawns. Note: HOAs are not covered; they can still require turf. |
| Illinois | Homeowners' Native Landscaping Act | 2024 | HOAs cannot prohibit Illinois native species. They cannot impose height restrictions on native plants. |
| Colorado | State law | Active | HOAs cannot bar xeriscape or drought-tolerant landscaping for single-family homes. |
| Nevada | State law (NRS 116.330) | Active | HOAs cannot prohibit drought-tolerant landscaping (water conservation, local conditions). |
| Pennsylvania | PennDOT vegetation law | 2024 | PennDOT must plant vegetation native to Pennsylvania and cannot use species on the federal invasive list along highways. |
Virginia (HB 528) and New York (S1690A) have had native-plant or low-impact-landscaping bills introduced; as of early 2025 neither had passed. St. Louis County, Missouri, passed a 2024 ordinance allowing managed natural landscapes and native plants under its noxious weed rules.
Deep dives by state
We have full pages for Texas (rights, plants, rebates), Pennsylvania (2024 PennDOT law), Illinois (2024 HOA law), and Maryland (2021 HOA law). Other states above use our general HOA-approved native plants guides.
Texas Native Plant HOA Law
Texas Property Code §202.007, your rights, city guides, rebates
Pennsylvania Native Plants Law 2024
PennDOT native vegetation and invasive species ban
Illinois Native Plant HOA Law
Homeowners' Native Landscaping Act (2024), height rules
Maryland HOA Native Plant Law
House Bill 322 (2021), first-in-nation, no turf required
Frequently asked questions
- Is it legal to have native plants in my HOA?
- It depends on your state. Several states (Texas, Maryland, Florida, Illinois, Maine, Colorado, Nevada) have laws that limit or prohibit HOAs from banning native plants, drought-tolerant landscaping, or low-impact landscaping. Check your state in the table above and read the specific law.
- Which states protect native plants from HOA bans?
- Texas, Maryland, Florida, Maine, Illinois, Colorado, and Nevada have laws that protect homeowners who want native plants, xeriscaping, or low-impact landscaping. Pennsylvania has a 2024 law about native plants on state highways, not HOA yards.
- Can my HOA fine me for not watering my lawn?
- In some states, no. Texas (HB 517) and California (Civil Code §4735), for example, prevent HOAs from fining you for reducing watering during a drought. Check your state law for details.
Ready to plan your native yard?
Pollinator Patch helps you pick the right plants for your zone, lay them out, and build a plan you can print and bring to your HOA board.
Last updated: March 2026