Madera County, CA Water Use Rules: Turf Replacement Rebates (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.
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.
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?
Does the county require HOAs to landscape natural open space?
What does the ordinance require for common-area landscaping instead?
Does this turf-replacement protection apply to every home in Madera County?
Sources & Official References
Other rules in Madera County
California rules heatmap·Compare Madera County to another location·View the California water use rules overview
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