Skip to main content
CityRuleLookup

Montgomery County, TX Landscaping Rules: Native Plants (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

HOA Protection
TX Property Code §202.007
Rain Barrels
§202.010 protected
County Zoning
None: no regulation
Woodlands Trees
6+ inch DBH preserved
Invasive Alert
Chinese tallow, salvinia

Summary

Texas Property Code §202.007 protects xeriscaping and native plants from HOA bans. Montgomery County cannot regulate residential landscaping (no zoning). The Woodlands emphasizes native East Texas Piney Woods species.

City-specific rules exist: Conroe has its own native plants rules that differ from Montgomery County's county-level regulations. If you live in Conroe, check the city-specific page instead.

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.

Source: TX Property Code §202.007View official code

Full Breakdown

Texas Property Code §202.007 explicitly prohibits POAs and HOAs from banning drought-resistant landscaping or water-conserving turf, though they may require a landscape plan meeting aesthetic standards. §202.010 further protects rain barrels. Montgomery County cannot regulate residential landscaping in unincorporated areas due to lack of zoning authority (Local Govt Code Ch. 231). The Woodlands Development Standards Committee (DSC) has embraced native Piney Woods species, loblolly pine, southern magnolia, American beautyberry, yaupon holly, Texas star hibiscus, as preferred landscaping and requires new home builders to preserve qualifying native trees over 6 inches DBH. Conroe Unified Development Code encourages native and drought-tolerant plants in commercial buffers. Invasive species problems in Montgomery County include Chinese tallow (Triadica sebifera), Japanese climbing fern, and giant salvinia on Lake Conroe, TPWD partners with SJRA on aquatic invasive management. Lady Bird Johnson Wildflower Center provides recommended East Texas native plant lists.

Violations & Fines

§202.007 HOA prohibitions are unenforceable: owners can recover attorney fees under §5.006 for successful defense. Woodlands DSC native tree removal violations: $500-$2,000 + replacement. Giant salvinia transport to Lake Conroe: TPWD class C misdemeanor.

Frequently Asked Questions

Can my Walden HOA make me remove native plants?
No. Texas Property Code §202.007 prohibits HOA bans on drought-resistant landscaping. They can require a landscape plan but not ban native/xeriscape species.
Are there invasive species I must remove?
Not legally required for most species, but Chinese tallow and Japanese climbing fern are widespread. Giant salvinia cannot be transported to Lake Conroe.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Texas rules heatmap·Compare Montgomery County to another location·View the Texas landscaping rules overview

Get notified when Native Plants in Montgomery County, TX changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Native Plants in Cities Across Montgomery County