State Laws Protecting Native Plant Gardens from HOA Bans
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.
Which states protect native plants from HOA bans?
- •At least ten states have laws that protect native plants, drought-tolerant landscaping, or low-impact landscaping from HOA bans.
- •Texas, California, Florida, Colorado, Nevada, Utah, Maryland, Illinois, Maine, and Washington have the clearest HOA-related protections. Minnesota limits cities, not HOAs.
- •Virginia and New York have had bills introduced; neither has passed as of July 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. §202.007(d-1) limits aesthetic-standard rejections. |
| California | California Civil Code §4735 | Active | HOAs cannot ban drought-tolerant plants or artificial turf, or fine a homeowner for a dormant lawn during a declared drought. |
| Florida | Florida Statute §720.3075 | 2009 (updated) | HOAs cannot prohibit Florida-Friendly Landscaping, defined in F.S. §373.185 and including Florida native plants. |
| Colorado | SB 23-178 (C.R.S. §38-33.3-106.5) | 2023 | HOAs cannot ban xeriscape or drought-tolerant landscaping, require over 20% hardscape, or prohibit vegetable gardens. |
| Nevada | NRS §116.330 | Active | HOAs cannot prohibit drought-tolerant landscaping (including decorative rock and artificial turf) in the front or back yard. |
| Utah | Utah Code §57-8a-231 | Active | HOAs cannot ban water-wise landscaping, require lawn in strips under eight feet, or force a majority-turf yard. |
| Maryland | House Bill 322 (Real Property §2-125) | 2021 | HOAs must allow low-impact landscaping (native plants, xeriscaping, rain gardens) and cannot require turf grass. First-in-nation. |
| Illinois | Homeowner's Native Landscaping Act (765 ILCS 167/) | 2024 | HOAs cannot completely prohibit Illinois native species, as long as the garden is maintained and contained on your lot. |
| Maine | LD 649 | 2023 | HOAs and condo associations cannot impose unreasonable limits on low-impact landscaping: native plants, pollinator gardens, rain gardens, xeriscaping. |
| Washington | RCW 64.38.057 | 2020 (amended 2024) | HOAs cannot prohibit drought-resistant landscaping, pollinator habitat, or wildfire-ignition-resistant landscaping. Chapter 64.38 recodifies into WUCIOA (Ch. 64.90 RCW) on Jan 1, 2028, but the protection carries over. |
| Minnesota | State law | 2023 | Cities cannot mandate turf grass lawns. Note: HOAs are not covered; they can still require turf. |
| 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
Florida: Statute §720.3075
HOAs cannot prohibit Florida-Friendly Landscaping
California: Civil Code §4735
HOAs cannot ban drought-tolerant plants or artificial turf
Maryland: Real Property §2-125
HOAs cannot require turf or ban pollinator 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, California, Florida, Colorado, Nevada, Utah, Maryland, Illinois, Maine, Washington) 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, California, Florida, Colorado, Nevada, Utah, Maryland, Illinois, Maine, and Washington have laws that protect homeowners who want native plants, xeriscaping, or low-impact landscaping. Minnesota limits cities, not HOAs. 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 (Property Code §202.008, added by 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.
Find HOA-friendly native plants for your yard
Pollinator Patch helps you choose native plants and lay out a front yard that reads as intentional and cared for, the look most HOAs accept. Browse 4,000+ plants, filter for HOA-friendly structure, and build a plan you can print and share.
Last updated: July 2026