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Fort Collins, CO Landscaping Rules: Native Plants (2026)

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

Key Facts

Statute
C.R.S. § 38-33.3-106.5(1)(i.5)
Enacted by
Senate Bill 23-178 (2023)
Applies to
Single-family detached homes only
Max mandatory hardscape
20% of landscaped area
Min drought-tolerant option
80% drought-tolerant plantings
Cure period before suit
45 days written notice
Civil remedy
$500 or actual damages

Summary

Colorado law bars homeowner associations from blocking water-wise yards. Under C.R.S. § 38-33.3-106.5(1)(i.5), enacted by Senate Bill 23-178 (2023) and covering single-family detached homes in Fort Collins HOA communities, an association's design rules must allow at least 80% drought-tolerant plantings, cap mandatory hardscape at 20% of the yard, and cannot forbid backyard turf-free landscaping or vegetable gardens.

(i.5)(I) The use of xeriscape, nonvegetative turf grass, or drought-tolerant or nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible... Associations may adopt and enforce design or aesthetic guidelines or rules that apply to drought-tolerant vegetative or nonvegetative landscapes or to vegetable gardens...; except that the guidelines or rules must: (A) not prohibit the use of nonvegetative turf grass in the backyard of a unit owner's property; (B) not unreasonably require the use of hardscape on more than twenty percent of the landscaping area of a unit owner's property; (C) allow a unit owner an option that consists of at least eighty percent drought-tolerant plantings; and (D) not prohibit vegetable gardens in the front, back, or side yard of a unit owner's property. (III) [I]f an association knowingly violates this subsection (1)(i.5), a unit owner who is affected by the violation may bring a civil action to restrain further violation and to recover up to a maximum of five hundred dollars or the unit owner's actual damages, whichever is greater.

Source: Fort Collins Municipal CodeView official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

5), rewrote what a Fort Collins homeowners association can require in its landscaping guidelines for single-family detached homes (attached townhomes and condominiums remain under the older, narrower subsection (1)(i)(I)(A)). An HOA may still adopt design or aesthetic guidelines and regulate the type, number and placement of plantings and hardscape, but those guidelines must satisfy four floors: they cannot prohibit nonvegetative turf grass in the backyard, cannot require hardscape on more than 20 percent of the landscaped area, must let an owner choose a design that is at least 80 percent drought-tolerant plantings, and cannot ban vegetable gardens in the front, back or side yard.

§ 37-60-135(2)(l), drawn from Colorado State University Extension's Plant Select "downloadable designs" list, a municipality, a utility, or a similar source, and post information about the preapprovals on its website if it has one. Choosing one of those preapproved designs is automatically treated as meeting the HOA's aesthetic guidelines, and an owner may substitute a reasonable plant if one in the design is unavailable. The mandate carves out HOA authority over bona fide safety codes, fire-buffer and defensible-space requirements, and existing grading, drainage or other structural landscape elements needed to protect people and property, so an association can still block a design that creates a fire or drainage hazard.

Violations & Fines

If an association knowingly violates these landscaping rules, the affected owner must first give written notice and 45 days to cure the violation before suing. After that, C.R.S. § 38-33.3-106.5(1)(i.5)(III) lets the owner bring a civil action to stop further violations and recover actual damages or a flat $500, whichever is greater.

Frequently Asked Questions

Can my Fort Collins HOA make me keep a grass lawn?
Not entirely. C.R.S. § 38-33.3-106.5(1)(i.5) requires the association's rules to let you choose a design that is at least 80 percent drought-tolerant plantings and bars it from forcing turf grass in your backyard, though it can still regulate the type and placement of plants for aesthetic reasons.
Does this law cover my townhome or condo?
No. The 2023 amendment's protections in subsection (1)(i.5) apply only to single-family detached homes. Attached single-family homes that share walls and condominiums remain under the older, more limited subsection (1)(i)(I)(A), which lets an association restrict nonvegetative turf grass to the rear yard.
Can my HOA ban a vegetable garden?
No. Subsection (1)(i.5)(I)(D) prohibits an association from banning vegetable gardens in the front, back or side yard of a single-family detached home, defining "vegetable garden" broadly to include pollinator plants, flowers, herbs, fruits and leafy greens.
What can I do if my HOA still enforces an old no-xeriscape rule?
Notify the association in writing of the violation and give it 45 days to fix it. If it knowingly keeps violating the statute after that, you can sue to stop the conduct and recover your actual damages or $500, whichever is more, under § 38-33.3-106.5(1)(i.5)(III)-(IV).

Sources & Official References

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