Public Act 103-0704
 
HB5296 EnrolledLRB103 39025 BDA 69162 b

    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.