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

HB5296ham001 103RD GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 3/27/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5296

2    AMENDMENT NO. ______. Amend House Bill 5296 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1grasses, and other plants composed mainly of Illinois native
2species. "Native landscape" does not include exotic or noxious
3weeds regulated under the Illinois Noxious Weed Law or the
4Illinois Exotic Weed Act.
5    "Association" has the meaning set forth in subsection (o)
6of Section 2 of the Condominium Property Act or Section 1-5 of
7the Common Interest Community Association Act, as applicable.
 
8    Section 10. No prohibition on native landscapes.
9    (a) An Association shall not prohibit any resident or
10owner from planting or growing Illinois native species on the
11resident's or owner's lawn so long as the area is maintained
12predominantly free of weeds, invasive species, and trash, and
13vegetation does not extend over or onto neighboring
14properties, public or common sidewalks, pathways, streets or
15other public or common areas or elements, and does not
16interfere with traffic or utilities.
17    (b) An Association may adopt reasonable rules and
18regulations governing a planned, intentional, and maintained
19native landscape that do not impair the native landscape's
20proper maintenance and care or impose height restrictions.
21    (c) This Section shall not apply to common areas or
22elements or to other property owned by the Association or
23other owners in which the resident or owner does not have
24authority to landscape or plant.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".