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Can My HOA Ban Native Plants in Illinois?
What Illinois’ Homeowners’ Native Landscaping Act says, what your HOA can and can’t require, and how to plan a native bed that keeps both the law and your neighbors on your side.
The short version
- HOAs can’t ban native plantings outright
- You must keep them maintained
- No weeds, invasives or trash
- Plants can’t spill onto neighbors or common areas
- HOAs can set reasonable upkeep rules
Short answer
Can an HOA stop me from planting native plants?
Not with a blanket ban. Illinois’ Homeowners’ Native Landscaping Act (Public Act 103-0704), signed in July 2024, stops homeowners associations from prohibiting native plantings on a homeowner’s lot. In exchange, the homeowner has to keep the planting maintained, and the HOA can still set reasonable rules about upkeep.
Both sides
What each side can do
What the HOA can’t do
- Ban native trees, shrubs, grasses and flowers outright
- Use rules so strict they make native plantings impossible
What the HOA can still do
- Require the planting to be maintained
- Set reasonable height and upkeep rules
- Enforce rules on weeds, invasive species and trash
What you have to do
- Keep it free of weeds, invasives and trash
- Keep plants off neighboring lots, sidewalks and common areas
- Keep them clear of traffic sightlines and utilities
“Native” means species that grew in Illinois before European settlement. Exotic or noxious weeds don’t count. This is a summary, not legal advice; read the act and your HOA documents, and talk to an attorney if there’s a dispute.
Do it right
How to plan a native bed that won’t cause trouble
- Read your HOA rules first, and submit plans if your HOA reviews landscaping changes.
- Start with a defined bed, not a lawn left to grow. Edges, a border and a path make it look intentional.
- Choose shorter natives near the street and sidewalks, taller ones toward the back.
- Weed it the first two years while natives get established.
- Cut back once a year, usually in late winter or spring.
See our native landscaping service and best plants for Peoria.
Peoria
What about the City of Peoria’s weed rules?
Separate from HOAs, Peoria’s city code limits weeds and grass over 10 inches but treats cultivated gardens and native plantings differently from an unmowed lawn. A clearly planted, maintained bed is the safest way to stay on the right side of both. See Peoria landscaping rules.
FAQ
Native plant and HOA questions
Does the law cover my whole yard?
It protects native plantings on the homeowner’s property, subject to the maintenance conditions. Read the act for the details that apply to you.
Can my HOA make me remove a native garden?
Not just for being native, but it can enforce maintenance rules. Keep it weeded and within your lot lines.
Do native gardens count for Peoria stormwater credits?
Rain gardens are listed as eligible for credits or incentives. See stormwater bill guide.
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