A Shift Towards Wildlife-Friendly Yards: State Laws vs. HOA Resistance

Nov 26

Written By UUAM

Despite numerous negative impacts of conventional residential landscaping, homeowner associations (HOAs) often ban or impede wildlife-friendly practices like native and pollinator plants, xeriscaping, drought-resistant plants, water-efficient plants and undisturbed areas. This article discusses the recent passage of state laws that limit the power of HOAs to bar these practices and other ways to address HOA opposition to wildlife-friendly practices by homeowners.

First, the Bad News

American homeowners, myself included, generally have all or primarily conventional landscaping, like turf grass lawns and non-native plants, in their yards. I'm working on it, I promise. With grass lawns blanketing over 40,000,000 U.S. acres — from manicured lawns sparkling like a newly crowned high school homecoming queen to scruffy fescue yards that are less turf than cries for help — one can argue that the turf lawn has replaced the Bald Eagle as America’s emblem. We’ve evolved from Homo sapiens to Homo turfiens.

Unfortunately, conventional residential landscaping depends on:

Clearing: Clearing land — often wildlife habitats — for home construction beyond necessary house footprints;
Removal: Removing natural features like dead trees and leaves essential for species' nesting and foraging;
Maintenance: Mowing, edging, trimming, and leaf blowing (the disruptive gang of four), which pollute the air, disturb quiet, harm insects, and risk hearing damage.
Chemicals: Spreading millions of pounds of chemical fertilizers, pesticides, herbicides and fungicides (the toxic gang of four), which endanger wildlife and pets and pollute essential resources;
Watering: Using billions of gallons of water daily, which worsens droughts and depletes resources crucial for wildlife;
Costs: Spending on maintenance, chemicals, and water;
Time: Spending time on maintenance unless outsourcing yard service, in which case costs increase; and

Perfection: For many, chasing the elusive "white whale" of an idealized landscape and diverting time from more meaningful activities.

Conventional residential landscape practices across millions of American residential lots have markedly contributed to massive declines in the number and diversity of birds, pollinators, and other wildlife populations in urban and suburban areas.

Substituting wildlife-friendly practices for turf lawns and non-native plants will considerably mitigate these negative impacts. Tragically, homeowner associations (HOAs) often bar or severely limit wildlife-friendly practices. In his 2020 Nature’s Best Hope, New York Times best-selling author and native plant advocate Doug Tallamy characterized HOAs as one of the most significant barriers to moving away from the convention of turf grassed homes.

Thankfully, not all HOAs oppose wildlife-friendly practices, and subject to many caveats, the Community Associations Institute, the largest HOA umbrella organization, endorses some of them while firmly protecting the core control of HOAs. Local government "weed" laws and homeowner opposition or hesitation are often more significant barriers than HOA board opposition.

Thirty percent of the U.S. population lives in HOA communities, each with covenants and restrictions. Many HOAs adopt a "lawn and order" approach requiring the primary use of turf lawns and non-native plants and severely restricting wildlife-friendly practices, perceived as the landscaping and social equivalent of wantonly coloring outside the lines. Their goal is tidy uniformity based on aesthetic preference, social norms of status and respectability, the fear of reputationally "rambunctious" and higgledy-piggledy native plants, haunting myths about the consequences of wildlife-friendly practices, and the paramount article of faith that sameness enhances property values. Typically, HOAs can enforce these rules through fines, liens, plant removal, and, in extreme cases, foreclosure.

Battles between HOAs and homeowners over wildlife-friendly practices are not uncommon. Most resolve informally, some spark testy resistance (one defiant homeowner commented that he had mulched his HOA’s violation notices), and others escalate into lengthy, expensive legal battles.

The Good News

Several states recently passed laws promoting wildlife-friendly practices in HOA-controlled neighborhoods:

Illinois: In 2024, Illinois passed the Homeowners' Native Landscaping Act. Subject to specified conditions and reasonable HOA rules, it forbids HOAs from prohibiting "Illinois native species" on an owner’s land. In other words, it "bans the ban."

Maine: In 2023, Maine enacted a law that, subject to reasonable design and aesthetic guidelines, forbids HOAs from putting unreasonable limitations on the use of "low-impact landscaping" by certain homeowners. "Low-impact landscaping" means "landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention and create habitat for wildlife," and includes, among other uses, "gardens and other features designed to attract wildlife generally and pollinator species more specifically…."

Maryland: In 2021, Maryland adopted a low-impact landscaping law similar to Maine’s.

Florida: Florida implemented a law forbidding HOAs from prohibiting homeowners' use of "Florida-friendly landscaping," meaning "quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought-tolerant." Such landscaping principles include "planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection." HOAs retain the power to set standards for Florida-friendly landscaping.

California: California approved a law forbidding HOAs from banning low water-using plants as a group or as a replacement for existing turf. HOAs may apply landscaping rules not in conflict with this ban.

Texas: With caveats, under a Texas law, HOAs may not prohibit property owners from using water-conserving natural turf, drought-resistant landscaping, rainfall harvesting and drip-system irrigation.

Colorado: Conditioned by specific permissible rules, a Colorado law prohibits HOAs from barring the use by certain single-family homes of xeriscape or drought-tolerant vegetative landscapes to provide ground covering.

Nevada: Subject to specified exceptions, a Nevada law bars HOAs from prohibiting homeowner installation or maintenance of drought-tolerant landscaping, meaning those conserving water, protecting the environment and adaptable to local conditions.

More Good News

UUAM supporters and others wishing to combat unreasonable HOA restrictions on wildlife-friendly practices have options:

Similar Laws: Those in other states may advocate for laws like those addressed above, while residents in states with existing laws may champion their expansion.

Local Laws: Advocates may support local, municipal and county laws that:

○ Give homeowners the right to use wildlife-friendly practices, as illustrated by a Minneapolis ordinance;

○ Support laws that eliminate wildlife-friendly habitats from nuisance or "weed laws" — often the basis cited by HOAs for banning wildlife-friendly practices; and

○ Require, in whole or in part, the use of wildlife-friendly practices in new residential developments

HOA Rules: Homeowners may try to convince HOAs to change their rules to permit wildlife-friendly practices by:

○ Educating HOAs about the environmental benefits of wildlife-friendly practices (e.g., improved biodiversity, pollinator support, water conservation), their economic benefits (e.g., reduced long-term maintenance costs), the inaccuracy of myths about wildlife-friendly practices, and the joy of living among wildlife-friendly plants;

○ Building a coalition among the members and board members of HOAs as well as local environmental organizations;

○ Trying to reasonably address concerns of HOAs, like aesthetics and property values, which also matter to most homeowners;

○ Suggesting small changes to HOAs; and

○ Running for HOA boards

Conclusion

HOAs can empower American homeowners to move away from harmful conventional landscaping and toward wildlife-friendly practices, which are also human-friendly and environment-friendly practices. When HOAs instead impede that progress, legislators and advocates should consider the actions mentioned above.

Frank Brown, UU of Arlington, Virginia member

Additional Reading:

“HOAs resist native plant landscaping despite conservation benefits”

“HOAs are blocking solar panels and native lawns. Here’s how to fight back.”

“They Fought the Lawn. And the Lawn’s Done.”

“Guide to Passing Wildlife-Friendly Property Maintenance Ordinances”

“NEW GUIDE: Passing Wildlife-Friendly Property Maintenance Ordinances”

“Why HOAs Should Encourage Wildlife Gardening in Neighborhoods”

“Homeowner Associations Can’t Ban Native Plants, Thanks to New Illinois Law”

“Homeowners, HOA clash over landscape rules”

“Homeowner Associations as a Vehicle for Promoting Native Urban Biodiversity”

“Barriers to Native Plantings in Private Residential Yards”