Fort Collins, CO Landscaping Rules: Native Plants (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.
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?
Does this law cover my townhome or condo?
Can my HOA ban a vegetable garden?
What can I do if my HOA still enforces an old no-xeriscape rule?
Sources & Official References
Other rules in Fort Collins
Compare Fort Collins to another location·View the Colorado landscaping rules overview
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