Xeriscaping laws in California run on four tracks: a statewide landscape ordinance that caps water use and turf area on new projects, a phased ban on using drinking water to irrigate decorative grass at commercial and HOA properties, a civil code protection that stops homeowner associations from blocking drought-tolerant yards, and local rebate programs that pay you to tear out your lawn. If you own a home, sit on an HOA board, or manage commercial property, each one shapes what you can plant, what you must remove, and what you can get reimbursed for.
MWELO: Water Budgets and Turf Caps on New Landscapes
The Model Water Efficient Landscape Ordinance is California’s baseline rule for landscape water use. It applies to any permitted project with more than 500 square feet of new landscape area, or any rehabilitation of an existing landscape greater than 2,500 square feet.1California Department of Water Resources. MWELO Applicant Brochure Single-family homes, multifamily buildings, commercial sites, and public spaces all qualify once they cross those thresholds.
Covered projects have to work within a water budget. Each site calculates a Maximum Applied Water Allowance based on local climate and must show its estimated use stays at or below that ceiling. The evapotranspiration adjustment factor caps at 0.55 for residential landscapes and 0.45 for non-residential landscapes.2California Department of Water Resources. Model Water Efficient Landscape Ordinance Text and Appendices
Turf gets the sharpest limit. Residential projects can devote no more than 25% of the landscape area to turfgrass. Non-residential projects can’t include any turfgrass at all.2California Department of Water Resources. Model Water Efficient Landscape Ordinance Text and Appendices That zero-turf rule catches owners planning office parks, retail centers, or institutional campuses off guard.
MWELO also requires a three-inch minimum mulch layer on all exposed soil in planting areas, with exceptions for turf, creeping groundcovers, and direct-seeded plantings. Up to 5% of the landscape can be left unmulched if the design designates it as beneficial insect habitat.2California Department of Water Resources. Model Water Efficient Landscape Ordinance Text and Appendices
One thing to check before you plan around the state numbers: every city, county, and water district in California must adopt MWELO or a local ordinance at least as effective, and local versions are often stricter.3Department of Water Resources. Model Water Efficient Landscape Ordinance Your local agency might apply the rules to smaller projects, tighten the water budget, or require specific plant lists. Call your planning department or water district before you design around the statewide floor.
AB 1572: The Phased Ban on Watering Decorative Grass
AB 1572 bans the use of potable water to irrigate “non-functional turf” on a staggered schedule. Non-functional turf means grass that isn’t in a recreational use area or community space where people actually walk, play, or gather. Decorative strips along sidewalks, grass in parking lot medians, and turf fenced off from public access all qualify.4California Legislative Information. AB 1572 Bill Text
The deadlines run by property type:
- January 1, 2027: Properties owned by the Department of General Services and by local governments, public agencies, and public water systems.
- January 1, 2028: All other commercial, industrial, and institutional properties.
- January 1, 2029: Common areas of HOAs, common interest developments, and community service organizations.
- January 1, 2031: Properties owned by local governments and public water systems in disadvantaged communities, or later if state conversion funding isn’t made available.
Commercial, industrial, and institutional owners with more than 5,000 square feet of irrigated area must certify compliance to the State Water Resources Control Board starting June 30, 2030, and every three years after that through 2039. HOA properties with more than 5,000 square feet of irrigated common area face the same certification cycle beginning June 30, 2031.4California Legislative Information. AB 1572 Bill Text Potable water can still go to trees and other perennial non-turf plantings, or to address an immediate health and safety need.
If you manage a commercial site or sit on an HOA board, start identifying non-functional turf now. Removal projects need design, bidding, and installation time, and rebate waitlists stretch during high-demand periods.
What Your HOA Can and Cannot Do
Civil Code 4735 sharply limits HOA control over water-efficient landscaping. Any HOA rule is void and unenforceable if it prohibits low-water plants as a group or as a turf replacement, prohibits artificial turf or similar synthetic grass surfaces, or prevents a homeowner from complying with a water-efficient landscape ordinance or local water-use restrictions.5California Legislative Information. California Civil Code Section 4735
Associations keep some aesthetic authority. They can require that drought-tolerant plantings be maintained in good condition or that artificial turf meet a quality standard. What they can’t do is use aesthetic rules as a workaround to ban xeriscaping.
During a drought emergency declared by the Governor or a local government, HOAs also cannot fine homeowners for reducing or eliminating lawn watering. The one exception: if a homeowner receives recycled water from a retail supplier and chooses not to use it for irrigation, the fine protection drops away. Any water-efficient landscaping installed during a drought emergency is permanent, and the HOA cannot force you to tear it out and replant grass once the emergency lifts.5California Legislative Information. California Civil Code Section 4735
Xeriscaping in a Wildfire Zone
If your property sits in a state responsibility area or a designated wildfire hazard zone, defensible space rules under Public Resources Code 4291 shape what you can plant and where. The law requires 100 feet of defensible space around structures, with the most intensive fuel reduction between 5 and 30 feet from the building and an ember-resistant zone within the first 5 feet.6California Legislative Information. California Public Resources Code Section 4291
That creates a real conflict with standard xeriscaping. MWELO wants three inches of mulch on exposed soil, but wood chip mulch within five feet of a structure is a fire hazard. CAL FIRE’s guidance keeps that zone clear of combustible plants and materials entirely.7Ready for Wildfire. Fire-Smart Landscaping The Board of Forestry and Fire Protection is still finalizing rulemaking for Zone 0, the 0-to-5-foot ember-resistant zone, with completion expected in late 2025 or 2026.8Board of Forestry and Fire Protection. Defensible Space Zones 0, 1 and 2
The practical fix: use non-combustible ground cover like gravel, decomposed granite, or stone within the first five feet of any structure. Beyond that zone, pick plants with high moisture content and open growth habits instead of dense, resinous species. Keep plantings off siding, eaves, and decks, clear fallen leaves and branches regularly, and prune trees and large shrubs so no continuous fuel path runs from ground to roof.7Ready for Wildfire. Fire-Smart Landscaping
Turf Removal Rebates
California water agencies pay a per-square-foot rebate for converting lawn to drought-tolerant landscaping. Amounts vary by district. The Metropolitan Water District of Southern California offers a base rebate of $2.00 per square foot for up to 5,000 square feet per year, and individual agencies layer additional incentives on top.9SoCal WaterSmart. Turf Replacement Program In Los Angeles, the combined rebate reaches $5.00 per square foot for residential customers, $9.00 for commercial customers, and $10.00 for public agencies.10Los Angeles Department of Water and Power. Turf Replacement Rebate
The programs come with conditions that trip up homeowners who grab a shovel too early:
- Pre-approval is mandatory. Reserve your rebate and get approval before removing any grass.10Los Angeles Department of Water and Power. Turf Replacement Rebate
- Most programs require at least 3 drought-tolerant plants per 100 square feet of converted area.
- The converted area must include a feature that captures rainwater on site.
- Overhead spray sprinklers must be replaced or modified.
- You generally can’t replace grass with concrete or non-permeable paving.
In Los Angeles, the converted area has to stay in compliance with program requirements for five years, and other districts set similar maintenance periods.10Los Angeles Department of Water and Power. Turf Replacement Rebate Funding fluctuates and can run out, so check your local water district’s site before applying. Many agencies also offer separate rebates for smart irrigation controllers, drip systems, or high-efficiency rotating nozzles.
Rebates Are Taxable Income
Water conservation rebates are currently treated as taxable income under federal law. A $5,000 turf replacement rebate can trigger federal income tax on that amount. For tax years beginning after 2025, the IRS raised the 1099 reporting threshold from $600 to $2,000, so smaller rebates may not generate a 1099 from the issuing agency.11Internal Revenue Service. 2026 Publication 1099 The income remains reportable regardless of whether you receive a form. Legislation to exempt water conservation rebates from federal tax has been proposed in Congress, but as of 2026 no exemption has been enacted.