Last Update: Monday, 19 June, 2017
On This Page: Landscaping Documents and Regulations: HOA, Texas State, Roanoke City
Xeriscaping, Landscaping We Like, Neighbor's Yards, Irrigation System, Planning
This page in .pdf.
HOA Documents and Regulations
[ HomeOwners Resources and Documents >
HOA Governing Documents and Notes]
Declaration of Covenants, Conditions & Restrictions CC&R
Yard specific and Article 6 and Article 7in pdf
ARTICLE 6 - ARCHITECTURAL COVENANTS & USE
RESTRICTIONS FOR IMPROVED LOTS
ARTICLE 7 ASSOCIATION OPERATIONS
Article 1.1.1. "Neighborhood Standard" is an evolving flexible
measure of the use and appearance of the Property as a pleasant
and visually harmonious residential neighborhood. It requires
compatibility, but not uniformity - harmony, but not sameness.
The neighborhood standard is expected to change over time as
materials, technologies, tastes, lifestyles, and values change. Even
though a neighborhood standard may be difficult to articulate, a
violation of the neighborhood standard should be easy to identify
as something unattractive, inappropriate, or otherwise unsuitable
for the Property from the perspective of a reasonable person,
taking into consideration prevailing public policy and community
sensibilities. "Neighborhood standard" applies because - as a
practical matter - the specifications and restrictions contained
herein can not anticipate or dictate every possible improvement
or use of a lot.
Chapter D LANDSCAPE SPECIFICATIONS
D.1 Every improved lot must continue to meet the
minimum landscape requirements,
except as
modified by the ARC for the Property over time, or
on a lot-by-lot basis, or
to encourage xeriscaping.
D.2. RULE OF REASONABLENESS.
The overall purpose of this Chapter is not to achieve landscape
perfection. Instead, the purpose is for the Property to maintain
an overall appearance that is likely to be attractive to most
residents and to a typical prospective homebuyer.
Accordingly, substantial compliance for the Property as a whole
is the overarching goal of these Landscape Specifications.
Although every owner should aspire for the yards on the lot to
be fully compliant at all times with this Chapter's requirements,
temporary lapses in an owner's maintenance may be tolerated
by the Association from time to time, provided the lapse is
infrequent and short-lived.
In interpreting and enforcing the requirements of this Chapter,
the board and the ARC must apply the rule of reasonableness
to balance environmental conditions, the owner's
circumstances, the collective interests of the Association's
members, the effect of the perceived violation, and the
inherently subjective elements of many of this Chapter's
requirements. Many aspects of landscaping, such as severe
or changing weather conditions, are outside the control of mere
mortals, and may require accommodations that are not
contemplated by this Chapter. Changes in public policy and
consumer preferences may also affect the assessment of
a perceived violation.
D.3 Energy Conservation. Some of the Statutory-Based
Rules and Regs in another chapter of this Specifications
Manual pertain to landscaping, xeriscaping, composting,
and irrigation.
In event of conflict between a Statutory-Based Rule and
a provision of this Chapter, the Statutory-Based Rule controls.
[Texas Property Code > TITLE 11. Restrictive Covenants >
CHAPTER 202. Construction And Enforcement Of
Restrictive Covenants]
D.4. TURF. All unfenced street-facing yards must be solidly sodded,
except where devoted to trees, shrubs, and bedding plants, unless
other material is approved by the ARC for a specific location. I f any
portion of front or unfenced side yards facing a street is not covered
with turf or otherwise landscaped, turf must be installed or re-
installed within 60 days after the end of an event that causes
removal, destruction, or demise of the turf or other landscape
material, or as soon thereafter as conditions permit.
This Section may not be construed to prevent the ARC from
approving non-plant material.
D.5. TREES. The front yard of every house must have at least two
trees, each with a base diameter (when planted) of at least 3
inches. For houses on corner lots, the minimum requirement
is three such trees.
D.6. SHRUBS. For this Section, accent plants and ornamental
grasses may be considered as "shrubs" if they meet the height
and size requirements. The front yard of every house should have
a mix of shrubs of differing heights and textures to create an
attractive "landscaped" appearance for the home...
For a xeriscaped yard, subject to a landscape plan approved by the
ARC, plants such as cacti and yuccas may be substituted
for shrubs.
At a minimum, each front yard must have at least the following
shrubs:
One shrub that will be at least 4 feet tall at maturity (a tree
may be substituted for this shrub).
Fourteen 3-to-5 gallon shrubs - of at least two types - that will
be at least 30 inches tall at maturity.
Eight 1-gallon shrubs that will be at least 18 inches tall
at maturity.
D.7. YARD MAINTENANCE. Each owner, at the owner's expense,
must regularly maintain the yards on his lot at a level, to a standard,
and with an appearance that is commensurate with the
neighborhood...
D.7.1. Mowing & Edging. Lawns must be mowed at regular
intervals to maintain an average height of 3 to 5 inches.
Nothing growing in a turf area may exceed 6 inches in
height. Sidewalks, driveways, and street curbs must be edged
at regular intervals.
Chapter G
Schedule C XERISCAPING And COMPOSTING REGULATIONS
Page G / C1 of 2
C.1. XERISCAPING REGULATIONS. In the era in which these
Regulations are drafted, xeriscaping is a relatively new concept.
If the Property was not originally developed on a xeriscaping model,
it may be difficult for some people to imagine how traditionally
landscaped yards can co-exist with xeriscaped yards.
They may imagine moonscapes and weed gardens next to lush
green carefully groomed yards.
These Regulations are based partly on
State laws of recent origin (Texas Prop Code Sec. 202.007)
that attempt to manage the transition from water-rich landscaping
to xeriscaping. [See below.]
C.1.1. Change of Direction. If consistent with public policy,
the Association may encourage or require the use of water
conservation landscape design, plant material, and irrigation
for lots as well as common areas. After Sell-Out, and from
time to time thereafter, the Association may adopt a new
landscape plan for some or all common areas. The following
Regulations pertain primarily to an owner's use of xeriscaping
on the owner's lot.
C.1.2. Maintenance. To the extent the Association regulates
yard and landscape maintenance on lots,
any landscape maintenance requirements adopted for lots
or enforced by the Association or by the ARC may not
restrict or prohibit natural turf or landscape design that
promotes water conservation, subject to the limitations
permitted by applicable State law.
C.1.4. Turf & Plants.
An owner may install and maintain drought-resistant
landscaping or water-conserving natural turf on any
portion of the lot
that is maintained by the owner (not the Association), subject to
the following conditions.
If the Association has published xeriscaping guidelines, the
owner is not required to apply for ARC approval for
installations that comply with the guidelines.
Otherwise, the owner must submit landscape plans or
descriptions that are sufficiently detailed to permit the ARC to
determine if the proposed xeriscaping is aesthetically
compatible with the Neighborhood Standard for landscaping.
The ARC's determination of aesthetic compatibility must be
reasonable.
C1.5 Rock
Texas State Law
Texas Property Code. Section 202.007
format Tx.State.US website
format .pdf with highlights
Section 202.007 Sec. 202.007. [SB198 amended]
CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
(a) A property owners' association may not include or enforce
a provision in a dedicatory instrument that prohibits or restricts
a property owner from:
(4) using drought-resistant landscaping or water-
conserving natural turf.
(c) A property owners' association may restrict the type of turf
used by a property owner in the planting of new turf to encourage
or require water-conserving turf.
(d) This section does not:
(5) restrict a property owners' association from regulating
yard and landscape maintenance if the restrictions or
requirements do not restrict or prohibit turf or landscaping
design that promotes water conservation;
8) prohibit a property owners' association from requiring
an owner to submit a detailed description or a plan for the
installation of drought-resistant landscaping or
water-conserving natural turf for review and approval by
the property owners' association to ensure, to the extent
practicable, maximum aesthetic compatibility with other
landscaping in the subdivision.
(d-1) A property owners' association may not unreasonably deny or
withhold approval of a proposed installation of drought-resistant
landscaping or water-conserving natural turf under Subsection
(d)(8) or unreasonably determine that the proposed installation is
aesthetically incompatible with other landscaping in the subdivision.
2013 Legislature, Senate Bill 198 modifies Section 202.007 of the
Texas Property Code.
SECTION 1. Section 202.007, Property Code, is amended by
amending Subsections (a) and (d) and adding Subsection (d-1)
[amended version above]
Legal Analysis in .pdf
Legal opinions, HOA Management opinions
and articles on xeriscaping laws
Fort Worth Water Fort Worth Water Dept
Drought Contingency & Emergency Water Management Plan for Retail
[NOTE: Roanoke, who supplies water to Highlands Glen, is a wholesale
water customer of Fort Worth.]
All users are encouraged to use native and adapted drought
tolerant plants in landscaping.
[NOTE: All three (3) Drought and Emergency Response Stages of
the Fort Worth Water System have the following exception from the
water use restrictions.]
Exceptions:
Watering with hand-held hose, soaker hose or drip irrigation
system may occur any day and any time. (The intent of
this measure is to allow for the protection of structural
foundations, trees, and other high value landscape materials).
Article: Developers could pay 660 percent more if Fort Worth raises
water impact fees, 14 Oct 2016Fort Worth Star Telegram, .pdf
City of Roanoke Landscaping Regulations
Lawn & Landscape Irrigation Restrictions
Stage 1 limits outdoor watering with an irrigation system or hose-end
sprinkler to a maximum of 2 assigned days per week for all customers...
Watering by hand-held hose, drip irrigation or soaker hose is allowed
at any time. Residents are encouraged to limit such watering to a
maximum of 2 hours per day...
It's discouraged to establish new turf and a variance is
required to do so.
Sec. 12.726. - Minimum Landscaping Requirements for Single-Family
and Two Family Residential Developments
ARTICLE 11.1400 - Water Conservation and Drought Contingency
Trophy Club > Water Conservation & Restrictions
The town has made an effort to reduce watering in several ways,
including working to follow watering restriction guidelines,
installing xeriscape landscaping in medians and using effluent
water when possible. When street construction occurs, new
medians have xeriscaped design features installed with drought
tolerant plants, decomposed granite as opposed to turf, hardscape
features such as boulders and rocks and drip irrigation systems.
Xeriscaping
CALIFORNIA – The drought defense
29 Dec 2016, HOA Reform Coalition
Richard and Carole DeProspo say they wanted to curb their
outdoor water use in light of the drought, not pick a costly fight
with their homeowners association.
Beyond Blades of Grass, 16 June 2017, NYTimes .pdf
Texas Water @Texas A&M University
Texas A&M AgriLife Research & Extension Center
Denton County Master Gardener Association
Trees
Lady Bird Johnson Wildflower Center @ UT
Dallas Water Utilities > Water Conservation Division >
Water-Wise landscaping, also known as “Xeriscape,” is quality
landscaping that conserves water and protects the environment.
Using seven common-sense principles, you can create a lush,
beautiful landscape that saves time, money and energy and
prevents water pollution and water waste. Water-Wise
landscaping consists of the following seven principles.
The North Texas Municipal Water District, NorthTexasWateringIQ.org
The most water-efficient way to maintain a beautiful, healthy
landscape in Texas is to xeriscape. While the word
xeriscaping may call to mind a dry, dusty desert full of rocks
and cactus, it simply means planning a landscape that
requires a minimal amount of water.
X-Rated Yards: Xeriscaping Conserves Your Energy
Using Weeds as Turf: Lawn Care Waxahachie, TX
Experts Talk about Xeriscaping, Vista Turf.com
Why you should consider a xeriphytic landscape
@ Central Texas Gardening
With Drought & HEAT Xeriscapes Should be the Next Yard Fashion,
July 2009, TexasOrganicHome.com
Water-wise landscaping tour highlights xeriscape design,
Dallas Morning News, June 2010
Xeriscaping Basics, The D, Dallas Morning News, 2005
Xeriscape Benefits, EarthEasy, Solutions for a Sustainable Lawn
Saves Water. For most of North America, over 50% of residential
water used is applied to landscape and lawns. Xeriscape can reduce
landscape water use by 50 - 75%.
Less Maintenance. Aside from occasional pruning and weeding,
maintenance is minimal. Watering requirements are low, and can be
met with simple irrigation systems.
No Fertilizers or Pesticides. Using plants native to your area will
eliminate the need for chemical supplements. Sufficient nutrients are
provided by healthy organic soil.
Improves Property Value. A good Xeriscape can raise property
values which more than offset the cost of installation. Protect your
landscaping investment by drought-proofing it.
Pollution Free. Fossil fuel consumption from gas mowers is
minimized or eliminated with minimal turf areas. Small turf areas
can be maintained with a reel mower.
Provides Wildlife Habitat. Use of native plants, shrubs and trees
offer a familiar and varied habitat for local wildlife.
Increases Property Values and Saves Money
and Protect the Environment
Effects of Residential Xeriscape Conversions on Property Values:
Andréa E Baker Environmental Studies Major College of Urban Affairs,
University of Nevada Las Vegas
The conversion of grass lawns to xeriscape has become more prevalent
in the desert Southwest, including here in the Las Vegas Valley. The
purpose of this thesis was to determine whether the conversion of
residential landscapes from grass lawn to xeriscape influences the
property value of a home. This case study involved the comparison of
property values for residential homes that had participated in the
Southern Nevada Water Authority’s Water Smart Landscapes rebate
program and non-participant homes with similar amenities before and
after the landscape conversion. The results of the analysis show that
xeriscape dose have a potentially positive impact on the sale price
of a home.
Cupertino CA Xeriscaping .pdf
In North America, 50% of residential water used is applied
to landscape and lawns
Xeriscape can reduce landscape water use by 50-75%
Each square foot of turf replaced with drought-tolerant
plants saves up 55 gallons of water per year.
Colorado Water Wise “Connecting stakeholders, providing
resources, and serving as the collaborative leader in the efficient
use of urban water in Colorado.”
Your landscape is an investment in your comfort and in the value of your
property. A good xeriscape will increase your property value by
as much as 15%. Xeriscape can also reduce water and
maintenance costs by up to 60%.
Santa Clara Valley Water District offers financial rebates
for xeriscaping.
The Town of Highland Park, Texas [just north of Dallas]
Preventing Stormwater Pollution
The Engineering Department is focused on keeping our
stream banks clean and erosion-free by starting a new
program.
13 other activities
Xeriscape your lawn with plants native to this region.
Neighbor's Yards
Landscaping We Like
Irrigation System
Planning
Front Yard Wish List
xeriscape
mulch, rock
no edging or trimming
stepping stone pathway (not square) from gate to
porch and around current mulch
rain barrels
(remove as much of existing plants and replace with
less maintenance plants i.e. yucca, cacti, etc.)
Shared Side Yard Wish List
hide the utility equipment
side front gravel up to neighbor's gravel
walk path from garage to side gate
Back Yard Wish List
edible garden / raised garden beds
soft dog run and playground
dog septic tank system
no edging or trimming
eliminate holes under fence
rain barrel
a little shade
chinning equipment or "monkey bars"
Use unwanted front plants in back or elsewhere; not to trash plants
Wall and fence bottoms "wire" to keep out critters