State protections

State laws that protect native landscaping

A growing list of states limit what HOAs and townships can ban. Use this as a starting point — always pull the current statute text or talk to a local attorney before relying on it.

Updated 2026. Not legal advice. Statutes change; municipal ordinances vary widely within a state. Search "[your state] HOA native plant statute" to confirm current text.

California

Civ. Code §4735

HOAs cannot prohibit low water-using plants. Cannot fine for brown lawns during a declared drought.

Colorado

HB 13-1151

HOAs must allow xeriscape and drought-tolerant landscaping. Cannot require turfgrass.

Florida

Stat. §720.3075, §604.71

HOAs cannot prohibit Florida-friendly landscaping. Vegetable gardens protected on residential property.

Maryland

Real Property §2-119

HOAs cannot impose unreasonable limits on low-impact landscaping including pollinator gardens, rain gardens, and xeriscaping.

Minnesota

Stat. §515B.3-102(a)(6)

Common interest community associations cannot prohibit managed natural landscapes including native plants.

Nevada

NRS 116.330, 278.580

HOAs must allow drought-tolerant landscaping and cannot prohibit synthetic grass alternatives.

New Jersey

A4810 (2021)

HOAs cannot prohibit clotheslines or solar — and pending updates expand to native plants in some municipalities.

Texas

Prop. Code §202.007

HOAs cannot prohibit drought-resistant landscaping or water-conserving turf, subject to a submitted plan.

Vermont

Act 35 (2023)

Municipalities encouraged to exempt pollinator habitat from weed ordinances; check your town code.

Virginia

Va. Code §55.1-1820.1

Property owners' associations cannot prohibit the installation of stormwater management facilities including rain gardens.

Not on this list?

You may still have protection under: a municipal "natural landscaping" ordinance, a state Right-to-Garden law, your HOA's own architectural review process, or simply the requirement that HOAs enforce rules uniformly. Read the HOA rights guide for non-statutory leverage.