Landscaping Rules in Midland, TX

If you live in Midland or are thinking about moving there, landscaping rules are one of those things you probably won't think about until they affect you directly. Midland has 6 specific rules on the books covering different aspects of landscaping rules, and some of them might surprise you.

Native Plants

Texas law overrides any Midland-area homeowners' association rule that tries to ban drought-resistant landscaping, water-conserving turf, or efficient irrigation. A restriction that violates that right is void, though the association can still require design review for aesthetic fit.

Key details: Statute: Tex. Prop. Code § 202.007(a), (b). Protected practice: Drought-resistant landscaping, water-conserving turf. Violating covenant: Void under subsection (b). HOA retained power: Aesthetic review of landscaping plan. Midland local code: Ch. 11-9 applies to non-residential development only.

An HOA covenant, deed restriction, or architectural-control denial that prohibits drought-resistant landscaping or water-conserving turf outright is void under § 202.007(b) and unenforceable against the property owner; the statute does not itself set a City fine, but a property owner can raise it as a defense to any association enforcement action or seek a declaratory judgment that the restriction is void.

Midland is more permissive than most cities when it comes to native plants. That said, there are still limits.

Artificial Turf

Midland generally permits artificial turf installation with some requirements for drainage, appearance, and base preparation.

Midland is more permissive than most cities when it comes to artificial turf. That said, there are still limits.

Weed Ordinances

Midland bans weeds, tall grass and brush from accumulating on any lot; the only legal defense is keeping grass and weeds under 12 inches tall and brush under two feet.

Key details: Grass/weeds threshold: Under 12 inches tall. Brush threshold: Under 2 feet tall. Max fine: $500 per day. Unresolved violation: City mows, files lien.

Misdemeanor, fine up to $500, with each day of the violation counted as a separate offense; unpaid City mowing costs become a lien on the property, second only to tax liens.

Tree Trimming

Midland requires trees planted in city street rights-of-way to be trimmed clear of branches and leaves below seven feet above the sidewalk, so pedestrians have full headroom to pass.

Key details: Clearance height: 7 ft above sidewalk. Setback from curb: 5 ft minimum. Enforcement: City Manager, on notice. Max fine: $500 per day.

City Manager may remove noncompliant limbs or trees; each day of violation is a separate offense, fined up to $500 under Sec. 1-3-1.

Tree Removal & Heritage Trees

When new commercial or mixed-use development in Midland can't fit its required street-front or parking-lot shade trees on site, the developer may pay a fee into the city's Parks and Recreation Endowment Fund instead of planting them.

Key details: Applies to: new/expanded non-residential development. Trigger: trees can't be placed on site. Fee basis: install cost + market rate/caliper inch. Fund: Parks and Recreation Endowment Fund. Max fine: $2,000 (Sec. 11-9-10).

The Title XI general penalty applies: a fine up to $2,000 per Sec. 11-9-10. Notably, failing to pay the in-lieu fee itself is not a violation of the chapter, but installing fewer trees than required without an approved fee-in-lieu alternative is.

Rainwater Harvesting

State law protects a Midland-area homeowner's right to install rain barrels or a rainwater harvesting system even under an HOA's deed restrictions. Any association rule that flatly bans them is void, though the association keeps limited authority over appearance and placement.

Key details: Statute: Tex. Prop. Code § 202.007(a)(2), (b). Protected item: Rain barrels, rainwater harvesting systems. Violating covenant: Void under subsection (b). HOA retained power: Size, shielding, color, placement rules. Midland Ch. 11-9 scope: Non-residential development only.

A deed restriction or architectural-control denial that outright bars rain barrels or a rainwater harvesting system, rather than merely regulating its size, shielding, or visible placement within the statute's carve-outs, is void under § 202.007(b) and cannot be enforced against the homeowner; the property owner can raise the statute as a defense or seek a declaratory judgment voiding the restriction.

Midland is more permissive than most cities when it comes to rainwater harvesting. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Midland gives residents more room on landscaping rules. 3 of the 6 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that Midland can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.