Midland, TX Landscaping Rules: Native Plants (2026)
Key Facts
- Statute
- Tex. Prop. Code § 202.007(a), (b)
- Protected practice
- Drought-resistant landscaping, water-conserving turf
- Violating covenant
- Void under subsection (b)
- HOA retained power
- Aesthetic review of landscaping plan
- Midland local code
- Ch. 11-9 applies to non-residential development only
- Commercial incentive
- 5 pts for drought-tolerant sod, § 11-9-4
Summary
Texas law overrides any Midland-area homeowners' association rule that tries to ban drought-resistant landscaping, water-conserving turf, or efficient irrigation. A restriction that violates that right is void, though the association can still require design review for aesthetic fit.
(a) 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. (b) A provision that violates Subsection (a) is void.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
using drought-resistant landscaping or water-conserving natural turf," alongside protections for compost measures, rain barrels, and efficient irrigation systems. " This statute controls inside any Midland subdivision governed by a POA or deed restrictions, since Midland's own municipal landscape code, Chapter 11-9, only regulates non-residential development, leaving residential yards outside the City's own landscaping rules. The statute is not unlimited: an association may still require an owner to submit a description or plan for drought-resistant landscaping for aesthetic-compatibility review, may regulate the type of turf used when new turf is planted to favor water conservation, and may set visibility limitations on efficient irrigation equipment.
On the commercial side, Midland's own landscape point system rewards water efficiency directly: a non-residential development plan under § 11-9-4 can earn five points for using drought-tolerant sod as the primary turf variety and ten points for a drip irrigation system, toward the 20-point minimum score a landscape plan must achieve.
Violations & Fines
An HOA covenant, deed restriction, or architectural-control denial that prohibits drought-resistant landscaping or water-conserving turf outright is void under § 202.007(b) and unenforceable against the property owner; the statute does not itself set a City fine, but a property owner can raise it as a defense to any association enforcement action or seek a declaratory judgment that the restriction is void.
Frequently Asked Questions
Can my Midland HOA ban drought-resistant landscaping?
Does Midland's city code protect native or drought-tolerant plants at homes?
Can my HOA still require approval before I plant drought-resistant landscaping?
Does Midland's own code reward water-efficient landscaping anywhere?
Sources & Official References
Other rules in Midland
Texas rules heatmap·Compare Midland to another location·View the Texas landscaping rules overview
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