Public Act 0704 103RD GENERAL ASSEMBLY

HB5296 Enrolled LRB103 39025 BDA 69162 b

Public Act 103-0704

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Homeowners' Native Landscaping Act.

Section 5. Definitions. As used in this Act unless the context otherwise requires:

"Illinois native species" means trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses, and other plants growing in the State of Illinois before European settlement or as otherwise defined by rule by the Department of Natural Resources. "Illinois native species" does not include exotic or noxious weeds regulated under the Illinois Noxious Weed Law or the Illinois Exotic Weed Act.

"Native landscape" means an intentionally maintained area of trees, shrubs, vines, ferns, flowers, forbs, sedges, grasses, and other plants composed mainly of Illinois native species. "Native landscape" does not include exotic or noxious weeds regulated under the Illinois Noxious Weed Law or the Illinois Exotic Weed Act.

"Association" has the meaning set forth in subsection (o) of Section 2 of the Condominium Property Act or Section 1-5 of the Common Interest Community Association Act, as applicable.

Section 10. No prohibition on native landscapes.

(a) An Association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident's or owner's lawn so long as the area is maintained predominantly free of weeds, invasive species, and trash, and vegetation does not extend over or onto neighboring properties, public or common sidewalks, pathways, streets or other public or common areas or elements, and does not interfere with traffic or utilities.

(b) An Association may adopt reasonable rules and regulations governing a planned, intentional, and maintained native landscape that do not impair the native landscape's proper maintenance and care or impose height restrictions.

(c) This Section shall not apply to common areas or elements or to other property owned by the Association or other owners in which the resident or owner does not have authority to landscape or plant.

Section 99. Effective date. This Act takes effect upon becoming law.