Fremont, CA Landscaping Rules: Native Plants (2026)
Key Facts
- Rebate
- About 2 dollars per sq ft
- Native Oaks
- Protected at 10 in DBH
- HOA Limits
- Void under Civ Code 4735
- Permits
- Not needed for simple swaps
- Programs
- ACWD Bay-Friendly
Summary
Fremont encourages California native and Bay-Friendly landscaping through rebates and simplified permits. Native oak preservation applies. ACWD Bay Save lawn conversion programs available.
Civil Code - CIV, Section 4735.
(a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following:
(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.
(2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass.
(3) Has the effect of prohibiting or restricting compliance with either of the following:
(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code.
(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a).
(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred:
(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code.
(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code.
(e) An owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declaration of a state of emergency described in subdivision (c) shall not be required to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
Full Breakdown
Fremont supports California native and drought-tolerant landscaping as the preferred alternative to high-water turf. ACWD and the StopWaste Bay-Friendly Landscaping program offer periodic lawn-to-garden conversion rebates of roughly 2 dollars per square foot with a per-household cap. Native gardens using coast live oak, toyon, California lilac (ceanothus), manzanita, yarrow, salvia, and sages are fully permitted in all residential zones. Front yard landscape conversions do not require a permit as long as grade, drainage, and driveway footprints are unchanged. HOA restrictions on native gardens are limited by California Civil Code 4735 which voids HOA rules that prohibit low-water landscaping. Native oaks at 10 inches DBH or greater are protected Heritage Trees and must be retained in landscape design.
Frequently Asked Questions
What are good Fremont native plants?
Can my HOA require me to keep a lawn?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California landscaping rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Native Plants in Nearby Cities
How other cities in Alameda County handle native plants.