Jefferson County, CO Landscaping Rules: Native Plants (2026)
Key Facts
- HOA xeriscape ban
- Prohibited by state law
- Governing statute
- CRS 38-33.3-106.5
- 2023 update
- SB23-178 water-wise rules
- County stance
- Encourages native gardening
- Caveat
- Noxious weeds still regulated
Summary
Colorado protects water-wise landscaping. Under CRS 38-33.3-106.5, an HOA may not prohibit xeriscape or drought-tolerant vegetative landscapes on property a unit owner is responsible for. Jefferson County encourages native-plant gardening and imposes no rule against it.
An association may not prohibit the use of xeriscape or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner.
Full Breakdown
Jefferson County, through CSU Extension, actively promotes native-plant and pollinator gardening and does not restrict planting natives on private land. Statewide, the Colorado Common Interest Ownership Act (CRS 38-33.3-106.5) bars HOAs from prohibiting xeriscape or drought-tolerant vegetative landscapes for ground cover on a unit owner's property, though associations may adopt reasonable design or aesthetic guidelines. SB23-178 (2023) further requires HOA rules to allow an option of at least 80% drought-tolerant plantings and not to unreasonably require hardscape. Note that some non-native noxious weeds remain regulated separately under the Noxious Weed Act.
Violations & Fines
An HOA rule flatly banning xeriscape or drought-tolerant native landscaping is unenforceable under CRS 38-33.3-106.5; no county penalty applies to planting natives.
Frequently Asked Questions
Can my HOA make me keep a bluegrass lawn?
Does the county limit native or wildflower yards?
Sources & Official References
Other rules in Jefferson County
Compare Jefferson County to another location·View the Colorado landscaping rules overview
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