The Native Homeowner’s Landscaping Act (formally known as House Bill 5296) is a legislative measure that significantly impacts homeowners and community associations across the State of Illinois. Governor J.B. Pritzker signed the bill into law on July 19, 2024.

This law aims to promote biodiversity and environmental sustainability by allowing homeowners to plant native species in their yards even in condominium, homeowner (HOA) and townhome community associations.

 

Homeowner Rights

The Native Homeowner’s Landscaping Act prohibits community associations from imposing blanket bans on the planting of Illinois native species. This includes trees, shrubs, grasses, and flowers indigenous to Illinois before European settlement. Homeowners are allowed to:

  • Create and maintain native landscapes, provided they keep the area free of weeds, invasive species, and trash, and
  • Ensure that the vegetation does not encroach on neighboring properties or public spaces.

 

Community Association Regulations

While the Native Homeowner’s Landscaping Act restricts Illinois community associations from banning native plants outright, it does allow them to set reasonable rules. These rules can govern the maintenance of native landscapes, such as ensuring proper care and not imposing overly strict height restrictions that would impair the native plants’ growth.

However, these regulations must not conflict with the overall intent of the Native Homeowner’s Landscaping Act, which is to encourage native landscaping.

 

As Defined in the Native Homeowner’s Landscaping Act

As noted in the new law, Illinois native species is defined as “…trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses, and other plants growing in the State of Illinois before European settlement or as otherwise defined by rule by the Department of Natural Resources.”

“Illinois native species does not include exotic or noxious weeds regulated under the Illinois Noxious Weed Law or the Illinois Exotic Weed Act.”

“An Association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident’s or owner’s lawn so long as the area is maintained predominantly free of weeds, invasive species, and trash, and vegetation does not extend over or onto neighboring properties, public or common sidewalks, pathways, streets or other public or common areas or elements, and does not interfere with traffic or utilities.”

You can read the full Native Homeowner’s Landscaping Act here: https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0704

 

Legal Resource

This legislation represents a significant shift towards sustainable landscaping practices in Illinois, emphasizing the importance of native species in preserving local ecosystems and supporting pollinators and other wildlife​.

The Native Homeowner’s Landscaping Act requires community associations in Illinois to:

  • Ensure that association rules do not prohibit native landscaping outright, and
  • Review existing landscaping rules and possibly revise current policies to comply with this new law.

Do not hesitate to contact our law firm if KSN can assist your Illinois community association in reviewing, drafting, or revising your landscaping policy to comply with the Native Homeowner’s Landscaping Act.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

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