Bakersfield, CA Landscaping Rules: Native Plants (2026)
Key Facts
- HOA Preemption
- Civil Code §4735
- Dead Lawn Protection
- Civ. Code §4735(f) during drought
- MWELO Threshold
- 500 sq ft residential / 2,500 sq ft CII
- Plant Database
- WUCOLS IV plant factors
- Rebates
- Cal Water turf replacement ~$2/sq ft
Summary
Bakersfield encourages drought-tolerant and native landscaping for the San Joaquin Valley climate. California Civil Code §4735 bars HOAs from prohibiting drought-tolerant or native plants, and Civil Code §4735(f) requires HOAs to allow dead lawns during declared droughts. The Model Water Efficient Landscape Ordinance (MWELO) applies to new and rehabilitated landscapes.
Model Water Efficient Landscape Ordinance. Low water using plants, mulch, and efficient irrigation save water while making habitat for pollinators. About 40% of the water Californians use at home is used outdoors. Large water savings can be gained by efficient landscape design, installation, management, and maintenance. ... New development and retrofitted landscape water efficiency standards are governed by the Model Water Efficient Landscape Ordinance (MWELO). The MWELO is also referenced by Title 24, Part 11, Chapters 4 and 5 CalGreen Building Code. All local agencies must adopt, implement, and enforce the MWELO or a local Water Efficient Landscape Ordinance (WELO) that is at least as effective as the MWELO.
Full Breakdown
California Civil Code §4735 preempts HOA rules that prohibit or restrict the use of low-water-using plants or require irrigation that violates state water conservation orders. Bakersfield has adopted the state's Model Water Efficient Landscape Ordinance (MWELO) under BMC landscape standards; new residential landscapes over 500 sq ft and commercial landscapes over 2,500 sq ft require a landscape documentation package demonstrating compliance with the MAWA (Maximum Applied Water Allowance) using plant factors from the WUCOLS database. Native San Joaquin Valley plants like valley oak, California buckwheat, deergrass, toyon, and native sages have low plant factors (0.1-0.3) and help meet MWELO limits. The city Planning Division provides a plant list aligned with regional native nurseries (Intermountain Nursery, Las Pilitas). Cal Water offers turf replacement rebates (typically $2/sq ft) that favor native landscape designs.
Violations & Fines
HOAs that violate Civil Code §4735 can be ordered to reverse fines and pay the homeowner's legal costs. MWELO non-compliance on new installations can delay final inspection; projects must submit a Certificate of Completion before certificate of occupancy. There are no direct city prohibitions against native plants themselves.
Frequently Asked Questions
Can my HOA force me to keep a green lawn in Bakersfield?
Do I need a permit to convert my lawn to native plants?
Sources & Official References
Other rules in Bakersfield
California rules heatmap·Compare Bakersfield to another location·View the California landscaping rules overview
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