Maryland Statewide Rule

Maryland HOA Low-Impact Landscaping Preemption

Few RestrictionsApplies statewide across Maryland (2026)

Key Facts

Statute: Real Property §2-119
Effective: October 1, 2021
Applies To: HOAs and condos
Turf Mandates: Prohibited
Reasonable Rules: Still allowed

Last verified: September 5, 2026Source: Maryland General Assembly

Summary

Maryland law universally prohibits homeowner associations and similar covenants from banning low-impact landscaping such as pollinator gardens, rain gardens, native plants, and xeriscaping on owner-occupied lots.

(b) (1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on low-impact landscaping, provided that the property owner: (i) Owns or has the right to exclusive use of the property; and (ii) Maintains and regularly tends to the low-impact landscaping. (2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that: (i) Significantly increases the cost of low-impact landscaping; (ii) Significantly decreases the efficiency of low-impact landscaping; or (iii) Requires cultivated vegetation to consist in whole or in part of turf grass.

Source: Maryland General AssemblyView official code

Full Breakdown

House Bill 322, enacted in 2021 and codified at Real Property Article Section 2-119, makes Maryland the first state to bar HOAs and condominium associations from imposing unreasonable limitations on low-impact landscaping. The statute defines low-impact landscaping as techniques that conserve water, lower maintenance costs, reduce pollution, and create wildlife habitat, including pollinator gardens, rain gardens, and xeriscaping. Associations cannot require any portion of cultivated vegetation to be turf grass. Reasonable design and maintenance standards remain allowed, but blanket bans and turf mandates are preempted statewide regardless of when covenants were recorded.

Violations & Penalties

Owners harmed by an unlawful restriction may seek injunctive relief and damages in Maryland courts. HOAs enforcing void restrictions may face attorney fee awards.

Frequently Asked Questions

Can my Maryland HOA still require my front yard be all grass?

No. Since October 2021, HOAs cannot require cultivated vegetation to consist wholly or partly of turf grass and cannot ban pollinator gardens, rain gardens, or native plantings.

Does this law cover rental properties or only owner-occupied homes?

The statute protects owners within HOA-governed communities. Rental tenants typically rely on the property owner to assert these rights against the association.

Sources

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