HB5296 EngrossedLRB103 39025 BDA 69162 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 
5Homeowners' Native Landscaping Act.
 
6    Section 5. Definitions. As used in this Act unless the 
7context otherwise requires:
8    "Illinois native species" means trees, shrubs, vines, 
9ferns, flowers, forbs, sedges, grasses, and other plants 
10growing in the State of Illinois before European settlement or 
11as otherwise defined by rule by the Department of Natural 
12Resources. "Illinois native species" does not include exotic 
13or noxious weeds regulated under the Illinois Noxious Weed Law 
14or the Illinois Exotic Weed Act.
15    "Native landscape" means an intentionally maintained area 
16of trees, shrubs, vines, ferns, flowers, forbs, sedges, 
17grasses, and other plants composed mainly of Illinois native 
18species. "Native landscape" does not include exotic or noxious 
19weeds regulated under the Illinois Noxious Weed Law or the 
20Illinois Exotic Weed Act.
21    "Association" has the meaning set forth in subsection (o) 
22of Section 2 of the Condominium Property Act or Section 1-5 of 
23the Common Interest Community Association Act, as applicable.
 
 
 
HB5296 Engrossed- 2 -LRB103 39025 BDA 69162 b

1    Section 10. No prohibition on native landscapes. 
2    (a) An Association shall not prohibit any resident or 
3owner from planting or growing Illinois native species on the 
4resident's or owner's lawn so long as the area is maintained 
5predominantly free of weeds, invasive species, and trash, and 
6vegetation does not extend over or onto neighboring 
7properties, public or common sidewalks, pathways, streets or 
8other public or common areas or elements, and does not 
9interfere with traffic or utilities.
10    (b) An Association may adopt reasonable rules and 
11regulations governing a planned, intentional, and maintained 
12native landscape that do not impair the native landscape's 
13proper maintenance and care or impose height restrictions.
14    (c) This Section shall not apply to common areas or 
15elements or to other property owned by the Association or 
16other owners in which the resident or owner does not have 
17authority to landscape or plant.
 
18    Section 99. Effective date. This Act takes effect upon 
19becoming law.