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Madera County, CA Water Use Rules: Turf Replacement Rebates (2026)

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

Key Facts

Homeowner protection
CC&Rs can't ban turf replacement
Common areas
Must use low water-use landscaping
Natural areas
CC&Rs can't force landscaping of natural open space
Water budget
Max 70% of reference evapotranspiration
Trigger size
2,500 sq ft public/commercial permit
Code section
Madera County Code § 13.56.030(C)

Summary

Unincorporated Madera County's Water Efficient Landscape Ordinance protects turf replacement: covenants, conditions, and restrictions tied to a covered permit cannot prohibit low-water-use plants or the replacement of turf with less water-intensive species. Madera County Code Section 13.56.030(C) also bars CC&Rs from mandating landscaping of common areas meant to stay natural, while requiring low-water landscaping in common-area open space.

These county ordinances apply to unincorporated areas of Madera County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

C.In the event covenants, conditions and restrictions are required for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the covenants, conditions and restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, conditions and restrictions shall not prohibit use of low-water use plants or the replacement of turf with less water intensive plant species.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52).

Full Breakdown

56. Where CC&Rs are required for such a permit, the county requires the project approval to incorporate a condition prohibiting the use of water intensive landscaping and requiring the use of low water use landscaping for common area and open-space landscaping, along with CC&R provisions covering irrigation system management and maintenance. The same subsection protects individual homeowners directly: covenants, conditions and restrictions shall not prohibit use of low-water use plants or the replacement of turf with less water intensive plant species. In other words, an HOA operating under a covered permit cannot use its CC&Rs to block a homeowner from swapping out lawn for drought-tolerant planting.

The section also clarifies the ordinance is not a mandate to landscape everything: it shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. 010(E) sets that water budget at no more than seventy percent of reference evapotranspiration, or a stricter figure if state law requires it. 030's thresholds: public agency and private commercial projects with 2,500 square feet or more of landscape area needing a permit, plan check, or design review, and new single-family or multi-family homes, whose new landscape area is capped at 4,500 square feet. 050(A) and (B). 060.

Violations & Fines

Section 13.56.030(C) operates as a permit condition rather than a standalone infraction: it directs that CC&Rs recorded for a covered project must include the low-water-use requirement and may not block turf replacement. If a project's CC&Rs conflict with that condition, the planning director can withhold approval under the plan review in Section 13.56.060(A), and withhold the certificate of occupancy or final inspection under Section 13.56.060(B) until the certificate of completion confirms compliance.

Frequently Asked Questions

Can my HOA stop me from replacing my lawn with drought-tolerant plants?
Not if your community's CC&Rs were required under a Chapter 13.56-covered permit. Section 13.56.030(C) states CC&Rs shall not prohibit use of low-water use plants or the replacement of turf with less water intensive plant species, overriding any HOA rule that tries to mandate turf.
Does the county require HOAs to landscape natural open space?
No. Section 13.56.030(C) says the chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural, so land meant to stay in its natural state doesn't have to be planted or irrigated.
What does the ordinance require for common-area landscaping instead?
Where CC&Rs are required for a covered permit, project approval must include a condition prohibiting water-intensive landscaping and requiring low-water-use landscaping in common area and open-space areas, plus CC&R provisions covering irrigation system management and maintenance, per Section 13.56.030(C).
Does this turf-replacement protection apply to every home in Madera County?
It applies to projects covered by Section 13.56.030: public agency and commercial landscapes of 2,500 square feet or more requiring a permit, plan check, or design review, and new single-family or multi-family construction. It reaches CC&Rs tied to those permits, not every existing HOA countywide.

Sources & Official References

Other rules in Madera County

All Madera County rules

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