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Hayward, CA Invasive Plant Rules: Prohibited Species (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited list source
California Invasive Plant Council
Applies to
new landscape 500+ sf, rehab 2,500+ sf
Definition section
Sec. 10-12.04(ff)
Prohibition section
Sec. 10-12.07(a)(2)(H)
Checked at
Certificate of Completion field inspection

Summary

Hayward's Bay-Friendly Water Efficient Landscape Ordinance bans invasive plant species outright in any covered landscape design. Sec. 10-12.07(a)(2)(H) prohibits species listed by the California Invasive Plant Council, and Sec. 10-12.04(ff) defines an invasive plant as one not historically found in California that spreads outside cultivated areas and damages environmental or economic resources.

(ff)"invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (H)The use of invasive plant species, such as those listed by the California Invasive Plant Council, shall be prohibited.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).

Full Breakdown

The prohibition sits inside the Landscape Design Plan requirements of Hayward's Bay-Friendly Water Efficient Landscape Ordinance, Sec. 07(a)(2), which governs "Plant Material" for any new landscape project of 500 square feet or more, or a rehabilitated landscape of 2,500 square feet or more, requiring a building or landscape permit, plan check or design review under Sec. 03. " Sec. 04(ff) defines an invasive plant species as one "not historically found in California that spread outside cultivated areas and can damage environmental or economic resources," noting that county agricultural agencies may separately regulate the same species as noxious weeds, and pointing to the California Invasive Plant Inventory and the USDA invasive and noxious weeds database as reference lists.

The same plant-material subsection also requires selecting species suited to soil and climate, matching mature plant size to avoid damaging sidewalks, buildings and power lines, and grouping plants by water need into hydrozones. Anyone submitting a landscape design plan for a covered project to the Planning Division must show compliance with subsection (H) alongside the water-efficient landscape worksheet required by Sec. 05 before a building or landscape permit issues. The rule applies to new construction, rehabilitated landscapes, and to cemeteries under the narrower cross-reference in Sec. 03(a)(4), though it exempts registered historical sites, ecological restoration projects without a permanent irrigation system, and existing botanical garden collections open to the public.

Violations & Fines

A landscape design plan listing a California Invasive Plant Council species is rejected at plan check under Sec. 10-12.07 before a building or landscape permit can issue. Even after installation, Sec. 10-12.09(c) requires the City Landscape Architect to conduct a verification field inspection before a Certificate of Occupancy is granted; failing that inspection generates a correction list the applicant must satisfy. Occupancy and final sign-off can be withheld until invasive species are removed and replaced with compliant plant material.

Frequently Asked Questions

Where does Hayward get its list of banned invasive plants?
The California Invasive Plant Inventory and the USDA invasive and noxious weeds database, per Sec. 10-12.04(ff). The section defines an invasive plant as one "not historically found in California that spread outside cultivated areas and can damage environmental or economic resources," and separately notes county agricultural agencies may regulate the same species as noxious weeds.
Which Hayward landscape projects have to avoid invasive plants?
Any new landscape project with 500 square feet or more of landscape area, or a rehabilitated landscape of 2,500 square feet or more, that needs a building or landscape permit, plan check or design review under Sec. 10-12.03. Smaller projects can instead follow the prescriptive measures in Appendix D, which also excludes invasive species.
Can my HOA block me from replacing invasive plants with drought-tolerant ones?
No. Sec. 10-12.07(a)(2)(I) says a common interest development's architectural guidelines cannot prohibit or effectively condition against low-water-use plants as a group, which overlaps with the invasive-species swap many homeowners make to cut water use. An HOA can still require aesthetic review of the replacement plants chosen, just not block low-water landscaping outright.

Sources & Official References

Other rules in Hayward

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