Original research
When your HOA cannot stop you removing the lawn
A 50-state table of the statutes that preempt homeowners-association bans on drought-tolerant and water-efficient landscaping — and the larger set of states where no such statute was found.
Written by HyreYard Research Desk Primary-source research
The finding
Three layers that are not the same thing
The association’s documents. Covenants, conditions and restrictions, architectural guidelines and board rules. These bind you unless a higher law makes a provision void.
Municipal and utility rules. A city water-conservation ordinance, a water-district shortage order, or a turf-rebate program. Albuquerque and San Antonio, for example, add HOA limits the state of New Mexico and the rest of Texas do not. A rebate is not a legal right to convert; it is a program with its own plant list and pre-approval.
State preemption. A statute that says the association may not prohibit a named kind of landscaping, or that a conflicting covenant is void. That is the only layer this table is built to answer. A section that suspends watering fines in a drought is not a turf-removal right. A section that protects native plants is not a xeriscape right. We keep those in their own rows.
HyreYard does not landscape, irrigate, pull permits or take a dispute to a board. Nothing here is legal advice. If a board has already issued a violation, the useful next step is the current statutory text and, where the stakes warrant it, a lawyer licensed in that state.
What “preemption” actually means on this page
The search query is some version of “can my HOA require grass.” The answer is never a national yes or no. It is a section number, or the absence of one.
HyreYard analysis: the nine drought-tolerant statutes share a shape and then diverge. All nine stop an association treating a water-efficient yard as, by itself, a violation. All nine still let the association police appearance, weeds, irrigation hardware and a review process. The divergence is what “water-efficient” includes. Nevada names decorative rock and artificial turf. Washington names stone and landscaping rock but not synthetic turf. California names low-water plants as a group and, separately, artificial turf. Florida protects “Florida-friendly landscaping,” a defined set of principles that is not a rock-yard right. Maryland and Maine define a turf-grass mandate as an unreasonable limitation. Utah’s conversion right is written for a detached dwelling. Colorado’s extra floors — the 20% hardscape cap, the 80% drought-tolerant option, the three pre-approved designs — apply to detached single-family communities, not automatically to every condominium.
That is why a 50-state table is the honest unit and a single sentence is not.
The nine drought-tolerant statutes
Nine states have code that, as retrieved 5 September 2026, stops an HOA banning drought-tolerant, water-efficient, xeriscape, Florida-friendly, water-wise or low-impact (including xeriscape) landscaping. Read the “HOA may still” column before treating a conversion as a right.
| State | Citation | Turf removal | What is protected | HOA may still | How enforced |
|---|---|---|---|---|---|
| California | Cal. Civ. Code § 4735 | Yes — as replacement with low water-using plants. Artificial turf is separately protected. | A governing-document or architectural/landscaping-guideline provision is void and unenforceable if it (1) prohibits, or has the effect of prohibiting, low water-using plants as a group or as a replacement of existing turf; (2) prohibits artificial turf or any other synthetic s… | Landscaping rules in the governing documents, to the extent they fully conform with subdivision (a). Recycled-water exception to the drought-fine bar. | The conflicting provision is void and unenforceable. No attorney-general action is named in § 4735; enforcement is a private civil matter under the Davis-Stirling Common Interes… |
| Colorado | C.R.S. § 38-33.3-106.5; C.R.S. § 37-60-126(11) | Yes. | An association shall not prohibit the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes as ground covering on property for which a unit owner is responsible. C.R.S. § 37-60-126(11) declares a restrictive covenant that prohibits or limits xer… | Design or aesthetic guidelines that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes, and that regulate type, number and placement of drought-tolerant plantings and hardscapes — subject to … | Shall-not-prohibit under CCIOA; companion water-conservation statute declares conflicting covenants unenforceable. No attorney-general action is named in these sections. |
| Florida | Fla. Stat. § 720.3075(4); Fla. Stat. § 373.185 | Partial. A covenant that bans Florida-friendly landscaping, or that requires a grass-only lawn in conflict with those principles, is unenforceable. A yard of rock, shell or artificial turf is not, by itself, Florida-friendly landscaping as UF/IFAS defines the recognition program; the statute protects the defined principles, not a hardscape-only conversion. | Homeowners’ association documents may not prohibit, or be enforced so as to prohibit, any property owner from implementing Florida-friendly landscaping, as defined in § 373.185, or create any requirement or limitation in conflict with part II of chapter 373 or a water-shortage… | Aesthetic and maintenance rules that do not prohibit implementation of Florida-friendly landscaping and do not conflict with a water-shortage order. | Association clauses that prohibit Florida-friendly landscaping are against the public policy stated in § 720.3075(4). Section 373.185(3)(b) makes conflicting deed restrictions u… |
| Maine | 33 M.R.S. § 1451 | Yes — a turf-grass mandate is an unreasonable limitation by definition. | A restriction may not put an unreasonable limitation on low-impact landscaping on any portion of a condominium or real estate subject to common ownership that is not itself common and that the owner has the exclusive right to use, so long as the owner maintains and regularly t… | Reasonable design and aesthetic guidelines regarding the type, number and location of low-impact landscaping features. Does not apply to National Register historic property, or property determined eligible by the Main… | The restriction may not impose the limitation. No attorney-general action is named in § 1451. |
| Maryland | Md. Code, Real Prop. § 2-125 | Yes — a turf-grass requirement is an unreasonable limitation by definition. | A restriction on use may not impose unreasonable limitations on low-impact landscaping if the owner has exclusive use and maintains and regularly tends the landscaping. Low-impact landscaping includes bio-habitat gardens, pollinator gardens, rain gardens, and xeriscaping and o… | Reasonable design and aesthetic guidelines regarding the type, number and location of low-impact landscaping features. Historic properties are exempted. | The restriction may not impose the limitation. No attorney-general action is named in § 2-125. |
| Nevada | NRS 116.330 | Yes, including decorative rock and artificial turf as named mulches. | The executive board shall not, and the governing documents must not, prohibit a unit’s owner from installing or maintaining drought-tolerant landscaping within the physical portion of the common-interest community the owner has the right to occupy and use exclusively, includin… | Before installing, the owner must submit a detailed description or plans for architectural review if the governing documents provide that process. The landscaping must be selected or designed, to the maximum extent pr… | The subsection must be construed liberally in favor of encouraging drought-tolerant landscaping. The board shall not unreasonably deny or withhold approval, or unreasonably dete… |
| Texas | Tex. Prop. Code § 202.007; Tex. Prop. Code § 202.008 | Yes — drought-resistant landscaping and water-conserving natural turf are named. | A property owners’ association may not include or enforce a dedicatory-instrument provision that prohibits or restricts a property owner from (1) composting vegetation or leaving grass clippings on grass, (2) installing rain barrels or a rainwater harvesting system, (3) implem… | Restrict the type of new turf to encourage or require water-conserving turf. Require a detailed description or plan for review to ensure, to the extent practicable, maximum aesthetic compatibility with other landscapi… | Conflicting provisions are void. Section 202.008 is a fine bar, not a conversion right. No attorney-general action is named in these sections. |
| Utah | Utah Code § 57-8a-231; § 57-8a-218(15) | Yes, on a detached-dwelling lot. Park-strip conversion is separately protected. | An association may not enact or enforce a governing document that prohibits, or has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water-wise landscaping on the lot. Water-wise landscaping includes plant materials suited to the microclimate th… | Site-plan or other review before installation; a requirement to maintain plant material in a healthy condition; water-wise design requirements, including restrictions on mulches considered detrimental to association o… | If the association does not adopt the rules required by § 57-8a-218(15) and fails to remedy within the statutory time, a lot owner may file an action in state court for injuncti… |
| Washington | RCW 64.38.057 (HOA Act, effective until 1 Jan 2028); RCW 64.34.394 (Condominium Act, until 1 Jan 2028); RCW 64.90.512 (WUCIOA) | Yes — stone and landscaping rock are in the statutory definition. Synthetic turf is not named. | Governing documents may not prohibit the installation of drought-resistant landscaping, pollinator habitat (including beehives compliant with local regulation), or wildfire-ignition-resistant landscaping. “Drought resistant landscaping” means the use of any noninvasive vegetat… | Reasonable rules on placement and aesthetic appearance, so long as they do not render the protected landscaping unreasonably costly or otherwise effectively infeasible. Nothing in the section restricts a fire buffer i… | Governing documents may not prohibit. Drought-period fines are barred. No attorney-general action is named in these sections. |
Primary-source retrieval, 5 September 2026. Full protected-use and HOA-may-still text is in the dataset module and in each official section linked from Sources. Ellipses in this table are a display limit, not an edit of the statute.
Utah’s conversion right is for a detached dwelling. Colorado’s 20%/80%/three-designs floors are for detached single-family communities. Washington’s WUCIOA installation subsection does not apply to condominium associations; they use RCW 64.34.394 until 1 January 2028.
Where the nine actually differ
What counts as the protected landscape. California protects low-water plants as a group and, in a separate paragraph, artificial turf. Nevada’s definition includes decorative rock and artificial turf without a second paragraph. Washington’s definition is noninvasive dry-adapted vegetation, stone or landscaping rock — synthetic turf is not named, and a board that bans fake grass is not obviously in the same box as a board that bans gravel. Florida protects Florida-friendly landscaping as defined in § 373.185: a quality landscape that conserves water, is drought tolerant and follows a list of principles. UF/IFAS’s own recognition checklist has, at retrieval, treated predominantly rock, mulch, shell or artificial turf as ineligible for the program badge. HyreYard analysis: do not cite Florida as a rock-yard statute.
Whether the association may still demand a plan. Texas § 202.007(d)(8) lets the association require a detailed description or plan for aesthetic compatibility — and (d-1) then says it may not unreasonably deny, or unreasonably call the plan aesthetically incompatible. Nevada requires plans where the documents provide architectural review, then tells the board to construe the section liberally and not unreasonably deny. Utah allows a site-plan review and water-wise design requirements, including a water-wise plant list. Colorado, after SB 23-178, requires detached-home associations to pre-approve at least three water-wise front-yard designs. A “submit a plan” rule is therefore not, in these states, the same as a veto.
Brown lawns versus removed lawns. California § 4735(c) bars drought-emergency watering fines and (e) lets emergency conversions stay after the emergency ends. Texas added § 202.008, effective 1 September 2025: no fine for a green-turf covenant during a residential watering restriction, and not before the 60th day after it is lifted. Washington and North Carolina bar drought-period watering fines (North Carolina with a covenant-override trap). Oregon voids irrigation mandates during a listed drought condition. None of those brown-lawn rules, except California’s (e) and the nine conversion statutes, is a right to take the turf out.
Who can sue. Most of the nine work by making the conflicting provision void or unenforceable. Utah is the one that writes a lot-owner action in state court, with injunctive relief, if the association fails to adopt the water-wise rules § 57-8a-218(15) requires. Arizona’s artificial-turf statute — not a xeriscape statute — is the one that awards attorney fees to the prevailing party. We did not find an attorney-general enforcement hook in the landscaping sections themselves.
Municipal overlays the state table does not capture
A city can bind HOAs even where the state does not, and a state water-code rule can bind HOA common areas without touching a homeowner’s exclusive-use yard. These four are the municipal or common-area add-ons we verified. They are not a national city survey.
| Place | Citation | What it adds |
|---|---|---|
| Albuquerque, New Mexico | Albuquerque Code of Ordinances § 6-1-1-8(C) | A property holders’ association shall not enforce a covenant that prohibits or restricts removing turf grass and installing xeriscape in compliance with the city’s planting restrictions, installing efficient irrigation including underground drip, or using rain barrels (with public-health caveats). The association may set efficiency criteria but cannot require a higher high-water turf share than the city cap. |
| Bernalillo County, New Mexico | Bernalillo County Code § 30-241 | Restrictive covenants that require turf grass or other high-water-use plants, or that otherwise restrict, limit or increase the cost of xeriscaping, efficient irrigation or water conservation, are contrary to public policy. |
| San Antonio, Texas | San Antonio City Code § 34-275(8) | A dedicatory instrument may not require the installation of an irrigation system, and may not require turfgrass to be planted or irrigated. This sits on top of Tex. Prop. Code § 202.007, not instead of it. |
| California (statewide, common areas) | Cal. Water Code § 10608.14 (AB 1572, 2023) | Potable irrigation of nonfunctional turf on HOA and common-interest-development common areas is prohibited beginning 1 January 2029. The section does not apply to exclusive-use residential yards and does not require the turf to be removed — it requires the potable irrigation to stop. Civil penalties for Water Code violations can reach $1,000 per day under § 1846. |
Retrieved 5 September 2026. Santa Fe, Las Vegas, Phoenix, Los Angeles and other conservation cities were not read for this table and are not implied.
New Mexico’s statewide Homeowner Association Act (NMSA 1978, ch. 47, art. 16) has no xeriscape section. A blog that cites “NMSA 47-16 Right to Xeriscape” is citing a section that does not exist. Albuquerque and Bernalillo County are doing that work locally.
All 50 states
Alphabetical. Use the browser find command (Ctrl/Cmd-F) to jump to a state — the layout does not ship a filter widget, and we will not pretend it does. Every “none found” row carries the search method in the last column.
| State | Class | Citation | Finding | Turf removal | Source / method |
|---|---|---|---|---|---|
| Alabama | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Alaska | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Arizona | Artificial turf only | A.R.S. § 33-1819 | Artificial turf only — living xeriscape not protected | Only as conversion of existing natural grass to artificial turf in the cases the section covers. No living-xeriscape right. | Arizona Legislature — A.R.S. § 33-1819 · 5 September 2026 |
| Arkansas | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| California | Drought-tolerant HOA preemption | Cal. Civ. Code § 4735 | HOA cannot ban low-water plants or artificial turf | Yes — as replacement with low water-using plants. Artificial turf is separately protected. | California Legislative Information — Civil Code § 4735 · 5 September 2026 |
| Colorado | Drought-tolerant HOA preemption | C.R.S. § 38-33.3-106.5; C.R.S. § 37-60-126(11) | HOA cannot ban xeriscape; detached homes get extra floors | Yes. | Colorado General Assembly — SB 23-178 (amending C.R.S. § 38-33.3-106.5) · 5 September 2026 |
| Connecticut | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Delaware | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Florida | Drought-tolerant HOA preemption | Fla. Stat. § 720.3075(4); Fla. Stat. § 373.185 | HOA cannot prohibit Florida-friendly landscaping | Partial. A covenant that bans Florida-friendly landscaping, or that requires a grass-only lawn in conflict with those principles, is unenforceable. A yard of rock, shell or artificial turf is not, by itself, Florida-friendly landscaping as UF/IFAS defines the recognition program; the statute protects the defined principles, not a hardscape-only conversion. | Florida Legislature — § 720.3075 · 5 September 2026 |
| Georgia | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. Confirmed the POA Act table of contents has no landscaping-preemption section. |
| Hawaii | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Idaho | None found | Idaho Code §§ 55-3201–55-3213 (Homeowner’s Association Act) — no landscaping section | No statewide HOA preemption found — 2024 grass-lawn bill died | No statewide right found | Idaho Legislature — Title 55, Chapter 32 contents · 5 September 2026 |
| Illinois | Native species, not drought-specific | 765 ILCS 167/ (Homeowner’s Native Landscaping Act) | HOA cannot completely prohibit Illinois native species | Partial. The Act blocks a complete ban on native species. It does not, by its terms, void a turf-percentage rule, a xeriscape ban, or a requirement to keep some conventional lawn, so long as natives are not completely prohibited. | Illinois General Assembly — 765 ILCS 167/ · 5 September 2026 |
| Indiana | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Iowa | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Kansas | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Kentucky | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Louisiana | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Maine | Drought-tolerant HOA preemption | 33 M.R.S. § 1451 | HOA cannot unreasonably limit low-impact landscaping, including reduced-irrigation yards | Yes — a turf-grass mandate is an unreasonable limitation by definition. | Maine Legislature — 33 M.R.S. § 1451 · 5 September 2026 |
| Maryland | Drought-tolerant HOA preemption | Md. Code, Real Prop. § 2-125 | HOA cannot unreasonably limit low-impact landscaping or require turf grass | Yes — a turf-grass requirement is an unreasonable limitation by definition. | Maryland Real Property § 2-125 (Justia 2025 code) · 5 September 2026 |
| Massachusetts | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Michigan | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Minnesota | None found | Minn. Stat. § 412.925 | Cities cannot ban managed natural landscapes; HOAs are not covered | Against the city, yes. Against an HOA, no statewide right found. | Minnesota Revisor of Statutes — § 412.925 · 5 September 2026 |
| Mississippi | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Missouri | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Montana | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Nebraska | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Nevada | Drought-tolerant HOA preemption | NRS 116.330 | HOA cannot prohibit drought-tolerant landscaping, including rock and artificial turf | Yes, including decorative rock and artificial turf as named mulches. | Nevada Legislature — NRS 116.330 · 5 September 2026 |
| New Hampshire | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| New Jersey | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| New Mexico | None found | NMSA 1978, §§ 47-16-1 to 47-16-18 (Homeowner Association Act) — no xeriscape section | No statewide HOA preemption found; Albuquerque and Bernalillo County add their own | No statewide right. Yes inside Albuquerque city limits under § 6-1-1-8(C), and Bernalillo County treats conflicting covenants as contrary to public policy. | Albuquerque Code of Ordinances § 6-1-1-8 (municipal overlay) · 5 September 2026 |
| New York | None found | S. 7358 / A. 1890 (2025), Low Impact Landscaping Rights Act — vetoed 16 October 2025 (veto memo 37) | No statewide HOA preemption — 2025 bill passed and was vetoed | No statewide right found | New York State Senate — S. 7358 (2025), vetoed · 5 September 2026 |
| North Carolina | Drought irrigation / brown lawn only | N.C.G.S. § 47F-3-122 (planned communities); § 47C-3-122 (condominiums) | Irrigation mandates pause in a named drought — not a turf-removal right | No. The section suspends an irrigation duty. It does not authorize replacing turf with drought-tolerant plantings against the covenants. | North Carolina General Assembly — G.S. 47F-3-122 · 5 September 2026 |
| North Dakota | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Ohio | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Oklahoma | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Oregon | Drought irrigation / brown lawn only | ORS 94.779 (planned communities); ORS 100.023 (condominiums) | Irrigation rules void in a drought; HOA may require xeriscape — owner has no conversion right | No owner right to convert against the association. The association may permit or require xeriscape. During a listed drought condition, the association cannot enforce an irrigation mandate. | Oregon Legislative Assembly — ORS 94.779 · 5 September 2026 |
| Pennsylvania | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Rhode Island | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| South Carolina | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| South Dakota | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Tennessee | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Texas | Drought-tolerant HOA preemption | Tex. Prop. Code § 202.007; Tex. Prop. Code § 202.008 | HOA cannot ban drought-resistant landscaping; brown-lawn fines barred during watering restrictions | Yes — drought-resistant landscaping and water-conserving natural turf are named. | Texas Legislature — Property Code Chapter 202 · 5 September 2026 |
| Utah | Drought-tolerant HOA preemption | Utah Code § 57-8a-231; § 57-8a-218(15) | HOA cannot prohibit water-wise landscaping on a detached-dwelling lot | Yes, on a detached-dwelling lot. Park-strip conversion is separately protected. | Utah Legislature — § 57-8a-231 · 5 September 2026 |
| Vermont | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Virginia | None found | HB 528 (2024 session, continued to 2025) — left in General Laws, 18 November 2024 | No statewide HOA preemption — conservation-landscaping bill failed | No statewide right found | Virginia LIS — HB 528 (2025 session), failed · 5 September 2026 |
| Washington | Drought-tolerant HOA preemption | RCW 64.38.057 (HOA Act, effective until 1 Jan 2028); RCW 64.34.394 (Condominium Act, until 1 Jan 2028); RCW 64.90.512 (WUCIOA) | HOA cannot prohibit drought-resistant, pollinator or wildfire-resistant landscaping | Yes — stone and landscaping rock are in the statutory definition. Synthetic turf is not named. | Washington State Legislature — RCW 64.38.057 · 5 September 2026 |
| West Virginia | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Wisconsin | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
| Wyoming | None found | — | No statewide HOA preemption found | No statewide right found | None found · 5 September 2026. Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. |
HyreYard 50-state statutory dataset, retrieved 5 September 2026. 9 drought-tolerant HOA preemptions, 4 related HOA statutes, 37 gaps. A gap is a finding.
Terms the statutes do not treat as synonyms
- Xeriscape
- Colorado’s code still uses the word and points at the seven principles Denver Water coined: planning, soil, hydrozoning, practical turf, mulch, efficient irrigation, maintenance. It is not “zero-scape” (gravel, no plants). Several other states never use the word and still protect the thing.
- Drought-tolerant / drought-resistant / water-wise / low-water
- The statutes pick different labels. Utah defines water-wise landscaping in § 57-8a-231(1). Washington defines drought-resistant landscaping as noninvasive dry-adapted vegetation, stone or rock. California says “low water-using plants as a group.” Do not swap the labels when you quote a section.
- Florida-friendly landscaping
- Fla. Stat. § 373.185: quality landscapes that conserve water, protect the environment, are adaptable to local conditions and are drought tolerant, with a listed set of principles. It is a defined term of Florida law, not a marketing phrase, and it is not a hardscape-only conversion.
- Low-impact landscaping
- Maryland § 2-125 and Maine § 1451: techniques that conserve water, cut maintenance, prevent pollution and create habitat, including rain gardens, pollinator gardens and xeriscaping / reduced-irrigation gardening. Both statutes treat a turf-grass mandate as an unreasonable limitation.
- Nonfunctional turf
- California Water Code § 10608.12 / § 10608.14 (AB 1572): mowed grass that is not in a recreational or community-gathering area. The 2029 potable-irrigation ban applies to HOA common areas, not to a homeowner’s exclusive-use yard, and it requires the water off, not the sod out.
If a board has told you the lawn has to stay
- Read the current section, not a blog that cites it
The nine statutes recodify. Arizona’s Planned Communities Act was being cited, in 2026, to a § 33-1808.01 that does not exist — § 33-1808 is flags and signs. Open the legislature site linked in Sources.
- Separate the conversion from the watering fine
A drought-period brown-lawn rule (Texas § 202.008, California § 4735(c), Washington, North Carolina, Oregon) is not a right to take the turf out. If the letter is about a yellow lawn during a restriction, quote the fine-bar section. If the letter is about a xeriscape plan, quote the conversion section.
- Submit the plan the statute allows the board to demand
Texas, Nevada, Utah and Colorado all contemplate a review. A plan that names plants, irrigation and coverage is harder to call incomplete. A weekend demolition without a submittal is the fact pattern boards win on, even in a preemption state.
- Check the city and the water retailer, not only the state
Albuquerque and San Antonio add HOA limits the state table does not. A turf-rebate program is a third document: plant lists, pre-approval, photographs of living turf. The turf rebate calculator is arithmetic on a $/sf you look up. It is not an approval and HyreYard does not process rebates.
- Do not treat a “none found” row as a dare
In 37 states we could not find a statewide HOA override. That means the covenants are the starting point, not that a conversion is illegal. It also means a board that says “state law requires grass” is making a claim we could not source. Ask them for the section.
Bills that look like law and are not
Passed a legislature, then died
New York. S. 7358 / A. 1890, the Low Impact Landscaping Rights Act, passed both houses in June 2025 and was vetoed on 16 October 2025 (veto memo 37). It would have barred HOA rules that effectively prohibit pollinator, rain, habitat or native-plant gardens. A vetoed bill is not a statute. Citing it as New York law is a fabrication.
Idaho. S. 1286 (2024) would have added a one-sentence bar on HOAs requiring a grass lawn, numbered as § 55-3213. It died. The number § 55-3213 was used instead for family daycare homes. Idaho’s Homeowner’s Association Act, through § 55-3213 as retrieved, has no landscaping-preemption section.
Introduced, then left on the table
Virginia. HB 528 (2024, continued to 2025) would have added Va. Code § 55.1-1820.2 on managed conservation landscaping and treated a turf-grass mandate as unreasonable. It was left in General Laws on 18 November 2024 and failed. A 2026 bill that reused the number HB 528 is about wrongful-death settlements, not yards.
Minnesota is the other near-miss worth naming: § 412.925 is real, in force, and does not reach HOAs. The House sponsor has said that was the price of passage. A Plymouth homeowner who sued her association on the back of that statute is testing a theory the text does not state.
What this page is not answering
Backflow, graywater and tiered water rates are a plumbing and utility problem; they sit with HyrePlumber, not here. Wildfire defensible-space rules that tell you what must come out of a yard are a different statute family — Washington’s wildfire-ignition-resistant landscaping language is in the same HOA section as drought-resistant landscaping, which is why the two topics meet in this table and then go their own ways on the defensible-space research page.
Whether a landscaper is licensed in your state is a different compilation. Whether a water retailer is paying for turf removal is a program, tracked on the turf-rebate programs page and worked as arithmetic on the calculator. Whether you may water this week is the restrictions tracker.
HyreYard holds a landscaper roster in seven states. This page does not use it. A statutory table titled to 50 states rests on 50 legislatures, not on our counts.
Method and limitations
- Research question
Which US states currently have a statute that preempts a homeowners association, planned community or condominium association from banning drought-tolerant, water-efficient, xeriscape, Florida-friendly, water-wise or low-impact (including xeriscape) landscaping on a lot the owner controls — and, where one exists, what remains regulated and how the section is enforced.
- Sources
Official legislature code sites first (California Legislative Information, Texas Constitution and Statutes, Arizona Legislature, Nevada Legislature, Washington Legislature, Utah Legislature, Maine Legislature, Illinois General Assembly, Minnesota Revisor, Oregon Legislative Assembly, Idaho Legislature, Colorado General Assembly bill text, Florida Legislature, North Carolina General Assembly, New York State Senate, Virginia LIS). Justia 2025 code used where the official page returned a search shell or a bot challenge, and only as a display of the same statutory text. Municipal codes: Albuquerque American Legal, Bernalillo County PDF, San Antonio Municode. No blog is a primary authority on this page.
- Inclusion
A state is classed “drought-tolerant HOA preemption” only if a current section, retrieved 5 September 2026, stops an association prohibiting the named water-efficient landscape type on exclusive-use property. Related statutes (native-only, artificial-turf-only, drought-irrigation-only) are listed separately so they cannot be counted as conversion rights.
- “None found” is a search result
Searched the state’s property, real-property, planned-community, condominium and homeowners-association chapters on the official legislature site or Justia, plus 2023–2026 session bills, for xeriscape, drought-tolerant, water-efficient, water-wise, Florida-friendly, low-impact landscaping, and HOA turf mandates. Recodification, an unindexed session law, or a municipal-only rule we did not read can exist. A later legislature can fill a gap. That is why the retrieval date is on every row.
- We did not read every municipal code in America
The municipal overlay table is four verified add-ons, not a city survey. Treating it as complete would be a national claim this research does not support.
- Court opinions are out of scope
A trial-court letter interpreting § 202.007 in one Texas county is not in this table. Statute text is. Case law can narrow or widen what a board may still demand; we have not compiled it.
- Not legal advice
A disclaimer is not a substitute for the citations. It is also not a substitute for counsel if a fine, a lien or a hearing is already in motion.
Questions
Can my HOA require grass?
Which states have an HOA xeriscape or drought-tolerant landscaping law?
Does California Civil Code 4735 let me remove my lawn?
Can a Texas HOA ban xeriscape?
Does Arizona law protect xeriscape against an HOA?
If my state is “none found,” is a native-plant yard illegal?
Is this legal advice?
Written and audited by
HyreYard Research
Primary-source research, data analysis and fact checking
We are a research desk, not a landscaping company. We read the statute, the municipal code, the water-district rule or the federal soil file ourselves, and we publish the figure with the document it came from and the date we retrieved it. Where a number cannot be traced to a primary source, we publish the shorter page and say what we could not verify. This programme is new. The counts below are what we can already stand behind — a seven-state roster and a rule that we will not make a national claim from it.
- 10
- studies published
- 50
- states in the licensing and HOA tables
- 7
- states the contractor roster is titled to
- 0
- national claims drawn from our own store
How this desk works
- Primary sources only. A rule comes from the statute, ordinance, board or agency that issued it, cited by section, with the URL and the retrieval date. We do not cite a blog that cites a code.
- Coverage is a number, not a vibe. A table titled to fifty states has fifty sourced rows. A table of cities is titled to the cities we actually read. Gaps are published as gaps.
- Store-based facts stay inside the seven states. Texas, Arizona, Washington, California, Oregon, Florida and North Carolina. Texas is the largest roster on the weakest evidence — a self-reported NAICS sales-tax permit — because Texas licenses no landscaper. National claims rest on federal or state agency data, never on our counts.
- Fact, calculation, analysis and recommendation stay labelled. "According to…" is a source. "HyreYard analysed… and calculated…" is ours. "This suggests…" is interpretation. We do not present our reading as something the source stated.
- We do not landscape, irrigate, treat pests or pull permits, and we take no payment for placement, ranking or a favourable mention. Nobody buys a position on this site.
Data as of State statutes and codes retrieved 5 September 2026. Authorship on this site is organisational: the analysis belongs to the desk rather than to a named individual, and we do not publish credentials we do not hold. Our editorial policy sets out how we source, date and correct what we publish.
Sources & retrieval dates
- California Legislative Information — Civil Code § 4735 , Low water-using plants, artificial turf, water-ordinance compliance, drought-emergency fines. Retrieved 5 September 2026.
- California Legislative Information — AB 1572 (Water Code § 10608.14) , Potable irrigation of nonfunctional turf on HOA common areas, beginning 1 January 2029. Not a lot-level conversion right. Retrieved 5 September 2026.
- Texas Legislature — Property Code Chapter 202 , § 202.007 drought-resistant landscaping; § 202.008 brown-lawn fines during watering restrictions (H.B. 517, effective 1 September 2025). Retrieved 5 September 2026.
- Texas Legislature — H.B. 517 enrolled text , Adds Property Code § 202.008, effective 1 September 2025. Retrieved 5 September 2026.
- Colorado General Assembly — SB 23-178 , Amends C.R.S. § 38-33.3-106.5; detached-home 20% hardscape / 80% drought-tolerant / three pre-approved designs. Retrieved 5 September 2026.
- Colorado Revised Statutes — § 38-33.3-106.5 (2023 printout) , CCIOA drought-prevention measures, including (1)(i) and (1)(i.5). Retrieved 5 September 2026.
- Nevada Legislature — NRS 116.330 , Right to install drought-tolerant landscaping, including decorative rock and artificial turf, in exclusive-use areas. Retrieved 5 September 2026.
- Washington State Legislature — RCW 64.38.057 , HOA Act; drought-resistant, pollinator and wildfire-ignition-resistant landscaping. Effective until 1 January 2028. Retrieved 5 September 2026.
- Washington State Legislature — RCW 64.90.512 , WUCIOA parallel. Subsection (1)(b) does not apply to condominium associations. Retrieved 5 September 2026.
- Utah Legislature — § 57-8a-231 , Water-wise landscaping on a detached-dwelling lot; eight-foot strip rule; lot-owner action if the association fails to adopt § 57-8a-218(15) rules. Retrieved 5 September 2026.
- Florida Legislature — § 720.3075 , Prohibited clauses in homeowners’ association documents, including Florida-friendly landscaping at (4). Retrieved 5 September 2026.
- Florida Legislature — § 373.185 , Florida-friendly landscaping defined; deed-restriction bar at (3)(b). Retrieved 5 September 2026.
- Maryland Real Property § 2-125 , Low-impact landscaping; turf-grass mandate treated as an unreasonable limitation. HB 322 (2021). Retrieved 5 September 2026.
- Maine Legislature — 33 M.R.S. § 1451 , Protection of low-impact landscaping. P.L. 2023, ch. 376. Retrieved 5 September 2026.
- Illinois General Assembly — 765 ILCS 167/ , Homeowner’s Native Landscaping Act. Native species, not drought-tolerant plantings as a class. Effective 19 July 2024. Retrieved 5 September 2026.
- Arizona Legislature — A.R.S. § 33-1819 , Artificial-turf ban prohibition in planned communities that allow natural grass, after declarant control. Living xeriscape is not in this section. Retrieved 5 September 2026.
- North Carolina General Assembly — G.S. 47F-3-122 , Irrigation of landscaping during named drought plus government conservation measures. Planned-community chapter; condominium parallel is § 47C-3-122. Retrieved 5 September 2026.
- Oregon Legislative Assembly — ORS 94.779 , Irrigation requirements void during listed drought conditions; association may permit or require xeriscape. Condominium parallel ORS 100.023. Retrieved 5 September 2026.
- Minnesota Revisor of Statutes — § 412.925 , Cities shall allow managed natural landscapes. HOAs are not named. Retrieved 5 September 2026.
- Idaho Legislature — Title 55, Chapter 32 , Homeowner’s Association Act contents through § 55-3213 (family daycare homes). No landscaping-preemption section. S. 1286 (2024) died. Retrieved 5 September 2026.
- New York State Senate — S. 7358 (2025) , Low Impact Landscaping Rights Act. Passed both houses; vetoed 16 October 2025, memo 37. Not in force. Retrieved 5 September 2026.
- Virginia LIS — HB 528 (2025 session) , Managed conservation landscaping. Left in General Laws 18 November 2024; failed. Not in force. Retrieved 5 September 2026.
- Albuquerque Code of Ordinances § 6-1-1-8 , Municipal overlay: property holders’ associations may not enforce covenants that block turf-to-xeriscape conversions that meet the city cap. Retrieved 5 September 2026.
- Bernalillo County Code, Chapter 30, Article VII , § 30-241: covenants requiring turf grass or restricting xeriscape declared contrary to public policy. Retrieved 5 September 2026.
- HyreYard editorial standards , How the desk cites, what it will not invent, and how to send a correction. Retrieved 5 September 2026.
If the statute lets the lawn come out, the rebate is a separate number
A conversion right is not a cheque. If your water retailer publishes a $/sf and a cap, the calculator is arithmetic on those two figures. HyreYard does not process rebates and does not landscape.
This page is general information about state statutes and selected municipal codes, retrieved on the dates shown. It is not legal advice, is not an opinion on any set of covenants, and is not a representation that a named association is violating the law. HyreYard does not perform landscaping, irrigation, permit or legal work and has no commercial relationship with any legislature, water retailer or association named here. If a citation is wrong or a section has moved, tell us — we will correct it in place and note the date.