New Illinois Law Protects Native Landscapes, Prioritizing Environment Over HOA Regulations

A significant legislative victory for Illinois homeowners and environmental advocates came with the introduction of House Bill 4839—known as the Protecting Illinois Native Landscapes Act.  This new law prioritizes the environment over restrictive homeowners association (HOA) regulations by protecting the right to maintain native landscaping on private property. The bill supports environmentally friendly landscapes  helping protect home owners against climate change.  It is clear the Illinois has prioritized the environment over destructive HOA practices such as tree height restrictions. In Surfside WA, the HOA tree height restrictions severely limits the protective tree canopy that provides  flood protection and helps against algae blooms. It also ensures biodiversity using native vegitation and acts as a source of food and protection for wild life. Shore pines grow from Alaska to northern California along the coast solidifying they are indeed a native species of Washington.

What the Law Does

The Protecting Illinois Native Landscapes Act prohibits local governments from enacting or enforcing ordinances that prevent or unreasonably restrict homeowners from growing or maintaining Illinois native species within their landscapes. Native species include plants that existed in Illinois before European settlement, such as trees, shrubs, grasses, and wildflowers.

Under this new law, homeowners can now maintain “native landscapes” in front, back, or side yards, and even on properties that do not fit traditional yard definitions, such as farms, school campuses, and corporate estates. The law also addresses areas where conflicts might arise, excluding ordinances that prohibit plants from interfering with public safety—such as blocking sidewalks, roadways, or sight lines.

Environmental and Practical Benefits for Homeowners

The passing of this law presents numerous benefits to homeowners and the environment alike:

  1. Promotes Biodiversity: Allowing native species to thrive supports local ecosystems, offering essential habitats for pollinators like bees and butterflies. This contributes to the broader environmental goal of protecting biodiversity across Illinois.
  2. Sustainability and Water Conservation: Native plants typically require less water and maintenance than non-native species. With deeper root systems, native plants help to prevent soil erosion and improve water retention, reducing the need for frequent watering and chemical fertilizers. Homeowners can save on water bills and reduce their environmental footprint.
  3. Reduces HOA Overreach: For many homeowners, HOAs have long been a source of frustration when it comes to maintaining personal property. The Protecting Illinois Native Landscapes Act limits HOAs’ power by preventing them from imposing aesthetic-based restrictions that hinder eco-friendly landscaping decisions.
  4. Aesthetic Flexibility: This law allows property owners to embrace a more natural, less manicured look while supporting local flora. For homeowners seeking to blend functionality with environmental stewardship, native landscapes offer an attractive alternative to traditional, heavily regulated lawns.
  5. Sight lines: the only height restrictions in reference to height of plants or trees are safety-related sight lines, such as those required for driveways, entrances, roadways, or sidewalks. Plants or trees cannot be height restricted. The law prohibits blanket restrictions based on aesthetic concerns alone. HOAs cannot enforce arbitrary height restrictions if the trees or plants are part of a native landscape.

Conclusion

The Protecting Illinois Native Landscapes Act represents a significant shift in how Illinois manages private property rights, especially concerning environmentally friendly practices. With the introduction of House Bill 4839, Illinois becomes a leading example of how states can support homeowners’ rights while promoting sustainable landscaping. This law not only empowers individuals to make eco-conscious choices but also plays a crucial role in the preservation of Illinois’ natural heritage but more importantly allows home owners to grow trees and plants that can help fight the adverse effects of climate change..

As more states consider similar legislation, this move may inspire others to rethink the balance between environmental responsibility and traditional property regulations. The state of Washington’s should enact a similar bill to protect against HOAs that enforce environmentally destructive policies.