Illinois General Assembly - Full Text of HB5296
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Full Text of HB5296  103rd General Assembly

HB5296enr 103RD GENERAL ASSEMBLY

 


 
HB5296 EnrolledLRB103 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 Enrolled- 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.