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Bakersfield, CA Landscaping Rules: Native Plants (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 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.

Source: CA Civil Code §4735View official code

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?
No. California Civil Code §4735 prohibits HOAs from requiring irrigation that violates state conservation rules and from banning low-water or native plants. During declared droughts, §4735(f) also bars HOAs from fining owners for letting lawns go dormant.
Do I need a permit to convert my lawn to native plants?
Not for most residential conversions under 500 sq ft. Larger projects and all new development must submit MWELO-compliant landscape plans to the Bakersfield Planning Division. Apply for Cal Water rebates before starting work.

Sources & Official References

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