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 June 2026. 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 | 2003 | 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 | 5 ILCS 855 (Native Landscaping Act) | 2020 | Protects native plant gardens from local government weed ordinances. Does not directly bind private HOAs. |
| 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 | No statewide HOA protection (as of 2026) | N/A | Pennsylvania has no statewide law equivalent to TX §202.007 or CA §4735 protecting native gardens from HOA restrictions. Local ordinances may apply. |
Virginia's HB 528 (conservation landscaping in HOAs) stalled in committee and was referred to the Virginia Housing Commission; it has not passed. New York's S1690A (state native plants program) advanced to the Senate Finance Committee in May 2026 but has not passed, and a separate Low Impact Landscaping Rights Act (S7358) targeting HOA restrictions was introduced in 2025. St. Louis County, Missouri, passed a 2024 ordinance allowing managed natural landscapes and native plants under its noxious weed rules.
Deep dives by state
Full statute breakdowns with FAQs, what HOAs can and cannot do, and related rebate guides for each state.
Texas: Property Code §202.007
HOAs cannot ban drought-resistant plants or xeriscape
Maryland: HOA Landscaping Provisions
HOAs cannot require turf or fine for native plant gardens
Illinois: Native Landscaping Act (5 ILCS 855)
Protects from local ordinances; HOA coverage is limited
Pennsylvania: HOA Native Plant Protection
HOA Act amendment protects registered native gardens
See all 8 states with HOA statute coverage on our HOA native plant law reference, including Arizona, Nevada, and Colorado.
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 does not currently have a statewide HOA native plant protection law, though local ordinances may apply in some municipalities.
- 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: June 2026