Texas Property Code Β§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.
Texas Property Code Β§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. Β§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 β loblolly pine, southern magnolia, American beautyberry, yaupon holly, Texas star hibiscus β 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 β TPWD partners with SJRA on aquatic invasive management. Lady Bird Johnson Wildflower Center provides recommended East Texas native plant lists.
Β§202.007 HOA prohibitions are unenforceable β owners can recover attorney fees under Β§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.
Montgomery County, TX
Montgomery County has no countywide noise ordinance. Texas Penal Code Β§42.01 prohibits disorderly conduct including unreasonably loud noise. Residents in uni...
Montgomery County, TX
No county-level construction hour restrictions exist in unincorporated Montgomery County. State law and applicable building permit conditions govern construc...
Montgomery County, TX
Montgomery County does not regulate residential driveway design or materials in unincorporated areas through a countywide ordinance. Development permits are ...
Montgomery County, TX
Conroe requires electrical permits for Level 2 EV chargers. Texas Property Code Β§202.019 bars HOAs from prohibiting EV charging in Montgomery County. Unincor...
Montgomery County, TX
Montgomery County removes abandoned vehicles from public roads under TX Transportation Code Ch. 683 after 48 hours. Conroe Code Ch. 78 Art. III and The Woodl...
Montgomery County, TX
Montgomery County pools must meet TX Health & Safety Code Ch. 757 barrier rules: 48-inch fence, self-closing/self-latching gates, openings under 4 inches. Co...
See how Montgomery County's native plants rules stack up against other locations.
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