Pearland's Landscaping Rules: The Rules That Matter

Every city handles landscaping rules a little differently. In Pearland, Texas, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Native Plants

Pearland's Unified Development Code lets commercial and multifamily developments substitute xeriscape and native, drought-tolerant landscaping for standard turf, but only with written approval from the City Manager or a designee and only using species drawn from the code's own Xeriscape Plant List. The list includes native prairie grasses and wildflowers like little bluestem, sideoats grama and Texas bluebonnet.

Key details: Governing section: UDC § 4.2.2.5(c)(4). Approval needed: City Manager or designee sign-off. Applies to: Nonresidential and multifamily development only. Plant source: Section 4.2.2.5(h) Xeriscape Plant List. Turf cap: 50% of green space on permanent irrigation.

The Planning Director enforces the landscaping division under Section 4.2.2.2 and can issue a written notice of violation giving 10 to 90 days to correct noncompliant landscaping, refuse to issue a certificate of occupancy until the requirements are met, and request City Attorney action if the owner ignores the notice. Installing xeriscape without City Manager approval, or using species absent from the Section 4.2.2.5(h) plant list, counts as noncompliance subject to this notice-and-cure process.

Tree Trimming

In the 20-foot triangular sight area at every Pearland street corner, Sec. 26-45 of the Code of Ordinances bars tree branches or foliage below 15 feet from the street gutter flow line, and the city can enter private property to remove any growth that violates it without owner liability.

Key details: Restricted zone: 20-ft triangle at each street corner. Tree branch clearance: 15 ft above street gutter flow line. Shrub/hedge cap: 3 ft tall in the same zone. City enforcement power: Can enter and remove growth, no liability. Applies to: Corner-lot sight triangles only.

Maintaining foliage that violates the 3-foot shrub cap or the 15-foot tree clearance in a restricted corner triangle exposes the owner to the general Chapter 26 penalty (a misdemeanor fine, since Division 3 does not set its own separate fine amount) and to the city physically entering the property under Sec. 26-42 to cut back or remove the violating growth at the owner's expense, with the owner having no recourse against the city for that removal.

Pearland is more permissive than most cities when it comes to tree trimming. That said, there are still limits.

Tree Removal & Heritage Trees

Removing a protected or large tree in Pearland requires an approved tree disposition plan and tree survey, and every diameter inch cut must be replanted inch-for-inch on site, off site, or paid into the city's tree trust.

Key details: Governing code: Code Ch. 29½, Art. II. Large tree: 19-inch circumference. Significant tree: 36-inch circumference. Replacement: Inch-for-inch or tree-trust payment. Enforced by: City manager / urban forester.

Cutting or damaging a regulated tree without an approved tree disposition plan is a code violation enforced by the urban forester; unreplaced diameter inches must be covered by tree-trust payment, and denials are appealable to the Planning and Zoning Commission.

This is one of the stricter rules in Pearland's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Weed Ordinances

Pearland caps weeds and grass at nine inches on any premises, including the parkway and right-of-way. Ignore a ten-day notice and the city mows the lot itself, then assesses the cost against your property as a lien.

Key details: Max weed/grass height: 9 inches. Ag/uncultivated tracts: 24 inches. Notice to comply: 10 days written. Repeat-offender rule: 2 notices in 6 weeks. Governing section: Code § 13-17(a)(1).

First a written ten-day notice to cut. If the owner does not comply, the city removes the growth and assesses the cost against the premises. Two notices within six weeks deems the owner noticed for twelve months, so the city can act with no further warning.

Compared to other cities, Pearland takes a harder line on weed ordinances. The enforcement and penalty structure reflects that.

Water Restrictions

Under Pearland's Drought Contingency Plan, once the city manager declares Stage 2 or worse, landscape irrigation is restricted to odd or even calendar days matching your street address, and only between 6 to 10 a.m. and 8 to 10 p.m., with fines up to $500 per day for violators.

Key details: Governing plan: Drought Contingency Plan, Ch. 9¾, Art. II. Watering schedule: Even/odd address matches even/odd calendar day. Allowed hours: 6-10 a.m. and 8-10 p.m. on assigned days. Stage 2 trigger: 80% capacity for 3 days or 90% on 1 day. First violation: No fine; each later violation is $500/day.

Section 9¾-20 makes it a misdemeanor to knowingly or intentionally use water contrary to the drought plan or in excess of the current stage's limits. The first violation carries no fine, but each subsequent violation is punishable by a $500 fine, with every day of noncompliance a separate offense. After three or more distinct convictions, the city manager may discontinue water service to the property until normal reconnection charges are paid and assurance is given the violation will not recur; the city can also seek injunctive relief in district court. Anyone in apparent control of the property where a violation occurs is presumed to be the violator, though that presumption can be rebutted.

The Bottom Line

Pearland is tougher than many cities when it comes to landscaping rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Pearland, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Pearland's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.