California Civil Code 4735 prohibits HOAs from banning low-water or California-native landscaping, and Oakland's Bay-Friendly and creek-protection policies actively encourage native plants, though protected-tree rules under OMC 12.36 still apply to removals.
State law strongly protects native-plant landscaping. Civil Code 4735 voids any HOA rule that prohibits low-water-using plants or restricts the use of artificial turf and drought-tolerant landscaping, particularly during state-declared drought. Oakland's General Plan Open Space, Conservation and Recreation Element and Bay-Friendly Landscape Guidelines encourage California native plants in residential and public landscapes. The city's Creek Protection Ordinance (OMC 13.16) requires riparian-zone plantings to use natives where feasible. Native landscapes are fully compliant with EBMUD water conservation rules. However, removing established trees to replace with natives still triggers the Protected Tree Ordinance (OMC 12.36) if a coast live oak 4 inches or larger or any tree 9 inches or larger diameter is affected. No Oakland ordinance requires residential owners to install natives, and there is no minimum native percentage for standard single-family lots.
There are no fines for installing native plants. Indirect violations can occur if native-plant installation involves unpermitted tree removal (OMC 12.36) or grading in a creek setback (OMC 13.16). HOA restrictions conflicting with Civil Code 4735 are unenforceable, and homeowners can seek injunctive relief and attorneys' fees.
Oakland, CA
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Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle native plants.
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