Bill Text: IL HB5296 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Creates the Homeowners' Native Landscaping Act. Provides that an association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident's or owner's lawn, with certain requirements. Provides for an Association to be able to adopt reasonable rules and regulations governing native landscapes, with certain requirements. Defines terms. Effective immediately.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed) 2024-04-24 - Referred to Assignments [HB5296 Detail]
Download: Illinois-2023-HB5296-Engrossed.html
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| 1 | AN ACT concerning conservation.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Homeowners' Native Landscaping Act.
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| 6 | Section 5. Definitions. As used in this Act unless the | ||||||
| 7 | context otherwise requires: | ||||||
| 8 | "Illinois native species" means trees, shrubs, vines, | ||||||
| 9 | ferns, flowers, forbs, sedges, grasses, and other plants | ||||||
| 10 | growing in the State of Illinois before European settlement or | ||||||
| 11 | as otherwise defined by rule by the Department of Natural | ||||||
| 12 | Resources. "Illinois native species" does not include exotic | ||||||
| 13 | or noxious weeds regulated under the Illinois Noxious Weed Law | ||||||
| 14 | or the Illinois Exotic Weed Act. | ||||||
| 15 | "Native landscape" means an intentionally maintained area | ||||||
| 16 | of trees, shrubs, vines, ferns, flowers, forbs, sedges, | ||||||
| 17 | grasses, and other plants composed mainly of Illinois native | ||||||
| 18 | species. "Native landscape" does not include exotic or noxious | ||||||
| 19 | weeds regulated under the Illinois Noxious Weed Law or the | ||||||
| 20 | Illinois Exotic Weed Act. | ||||||
| 21 | "Association" has the meaning set forth in subsection (o) | ||||||
| 22 | of Section 2 of the Condominium Property Act or Section 1-5 of | ||||||
| 23 | the Common Interest Community Association Act, as applicable.
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| 1 | Section 10. No prohibition on native landscapes. | ||||||
| 2 | (a) An Association shall not prohibit any resident or | ||||||
| 3 | owner from planting or growing Illinois native species on the | ||||||
| 4 | resident's or owner's lawn so long as the area is maintained | ||||||
| 5 | predominantly free of weeds, invasive species, and trash, and | ||||||
| 6 | vegetation does not extend over or onto neighboring | ||||||
| 7 | properties, public or common sidewalks, pathways, streets or | ||||||
| 8 | other public or common areas or elements, and does not | ||||||
| 9 | interfere with traffic or utilities. | ||||||
| 10 | (b) An Association may adopt reasonable rules and | ||||||
| 11 | regulations governing a planned, intentional, and maintained | ||||||
| 12 | native landscape that do not impair the native landscape's | ||||||
| 13 | proper maintenance and care or impose height restrictions. | ||||||
| 14 | (c) This Section shall not apply to common areas or | ||||||
| 15 | elements or to other property owned by the Association or | ||||||
| 16 | other owners in which the resident or owner does not have | ||||||
| 17 | authority to landscape or plant.
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