Hesperia Municipal Code §16.24.110 requires preservation of native desert plants per San Bernardino County Code §88.01.060, including Joshua trees, Mojave yucca, desert willow, and creosote. California Civil Code §4735 prohibits HOAs from forbidding low-water native landscaping, and Cal. Government Code §65595 supports xeriscape. The Mojave Water Agency offers turf-replacement rebates for converting to native/drought-tolerant landscapes.
Hesperia's Development Code §16.24.110 directs landscape and grading plans to comply with San Bernardino County Development Code §88.01.060, which lists protected native desert plant species (Joshua tree/Yucca brevifolia, Mojave yucca, desert willow, smoke tree, creosote, juniper) that must be inventoried, preserved in place, transplanted, or mitigated as part of any development project. A Protected Plant Preservation Plan prepared by a qualified biologist must accompany applicable applications. California Civil Code §4735 broadly prohibits HOAs from banning low-water-using plants — common interest developments may not require maintenance of dead lawn during a declared drought, and they may not penalize members for installing drought-tolerant or native landscaping that complies with reasonable design guidelines. Cal. Civil Code §1940.10 extends similar protections to renters. The Mojave Water Agency administers Cash for Grass / turf-replacement rebates (commonly $1–$2 per sq ft) for converting traditional turf to drought-tolerant landscaping in High Desert communities including Hesperia. MWELO (CCR Title 23 §§490–495) requires that 75% of plants in new non-turf landscape areas over 500 sq ft be low-water-use species — natives easily qualify.
Removing or damaging a protected native plant without an approved Preservation Plan can halt building permits and require restoration/replanting. HOA rules that ban native or drought-tolerant landscaping are void under Cal. Civ. Code §4735, and homeowners may sue to enforce. Failure to meet MWELO 75% low-water plant requirement on qualifying projects blocks landscape final approval.
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Hesperia, CA
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