Montgomery County, TX Landscaping Rules: Native Plants (2026)
Key Facts
- HOA Protection
- TX Property Code §202.007
- Rain Barrels
- §202.010 protected
- County Zoning
- None: no regulation
- Woodlands Trees
- 6+ inch DBH preserved
- Invasive Alert
- Chinese tallow, salvinia
Summary
Texas Property Code §202.007 protects xeriscaping and native plants from HOA bans. Montgomery County cannot regulate residential landscaping (no zoning). The Woodlands emphasizes native East Texas Piney Woods species.
A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf.
Full Breakdown
Texas Property Code §202.007 explicitly prohibits POAs and HOAs from banning drought-resistant landscaping or water-conserving turf, though they may require a landscape plan meeting aesthetic standards. §202.010 further protects rain barrels. Montgomery County cannot regulate residential landscaping in unincorporated areas due to lack of zoning authority (Local Govt Code Ch. 231). The Woodlands Development Standards Committee (DSC) has embraced native Piney Woods species, loblolly pine, southern magnolia, American beautyberry, yaupon holly, Texas star hibiscus, as preferred landscaping and requires new home builders to preserve qualifying native trees over 6 inches DBH. Conroe Unified Development Code encourages native and drought-tolerant plants in commercial buffers. Invasive species problems in Montgomery County include Chinese tallow (Triadica sebifera), Japanese climbing fern, and giant salvinia on Lake Conroe, TPWD partners with SJRA on aquatic invasive management. Lady Bird Johnson Wildflower Center provides recommended East Texas native plant lists.
Violations & Fines
§202.007 HOA prohibitions are unenforceable: owners can recover attorney fees under §5.006 for successful defense. Woodlands DSC native tree removal violations: $500-$2,000 + replacement. Giant salvinia transport to Lake Conroe: TPWD class C misdemeanor.
Frequently Asked Questions
Can my Walden HOA make me remove native plants?
Are there invasive species I must remove?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas landscaping rules overview
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