New Law Allows All Homeowners to Install Water Saving Landscapes

Senate Bill 198, passed by the Texas Legislature and signed into law in June 2013, prohibits property associations (POAs) from banning water-efficient, drought-resistant landscaping. The law went into effect last September 1.

A Texas home illustrates drought-resistant landscaping.

Under SB198, POAs can still require prior approval before homeowners switch to such landscapes, and POAs can adopt guidelines on what kind of plants and designs are acceptable as long as they do not “unreasonably restrict” water-conserving landscapes. This bill enjoyed a wide range of support from environmental groups like Clean Water Fund to Texas Community Association Advocates and businesses like The Home Depot.

Texans know that water is in short supply in our state for a variety of reasons, such as rising population, drought, and a changing climate. Municipal water demand is rising faster than any other sector and by 2060 is predicted outstrip all other sectors, including agriculture. 

Lawn watering is the major driver of municipal demand, and can account for as much as 60% of a household’s water use. Replacing non-native turf grasses with drought-resistant native plants and ground cover can lower a homeowner’s water bills and save communities money that would otherwise be needed to purchase new sources of water and build expensive new water treatment and distribution infrastructure. It can also leave more water in our aquifers, lakes, and rivers for wildlife and the human recreation and industry these ecosystems support.

Installing a drought-tolerant landscape does not mean limiting yourself to grass and cacti, or creating an 'Arizona look' in your front yard. These landscapes can include a wide variety of colorful plants that provide food and shelter to native wildlife. 

SB 198 allows POAs to maintain aesthetic harmony through a variety of means, by for example, limiting plants to those from a specific list or catalog, requiring a minimal amount of turf grass, directing that all vegetated beds have a border whose color and style is compatible with the home's architecture, and banning or limiting the use of gravel. However, POAs are no longer allowed to ban drought-tolerant landscapes outright. If properly implemented, SB 198 can provide a 'win-win' for proponents of water conservation and POA advocates alike.

David Foster is State Director for Clean Water Fund, a nonprofit that provides free presentations and workshops on how POAs can implement SB 198. See www.cleanwaterfund.org/xeriscape