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§ 2-125. Unreasonable limitations on low-impact landscaping

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2021

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 2. Rules of Construction (Refs & Annos)
Effective: October 1, 2021
MD Code, Real Property, § 2-125
§ 2-125. Unreasonable limitations on low-impact landscaping
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Low-impact landscaping” means landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention, and create habitat for wildlife.
(ii) “Low-impact landscaping” includes:
1. Bio-habitat gardens and other features designed to attract wildlife;
2. Pollinator gardens and other features designed to attract pollinator species;
3. Rain gardens and other features that use natural biological principles to return rainwater to the soil and to filter rainwater of excess nutrients; and
4. Xeriscaping and other forms of landscaping or gardening that reduce or eliminate the need for supplemental water from irrigation.
(3) “Restriction on use” includes any covenant, restriction, or condition contained in:
(i) A deed;
(ii) A declaration;
(iii) A contract;
(iv) The bylaws or rules of a condominium or homeowners association;
(v) A security instrument; or
(vi) Any other instrument affecting:
1. The transfer or sale of real property; or
2. Any other interest in real property.
In general
(b)(1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on low-impact landscaping, provided that the property owner:
(i) Owns or has the right to exclusive use of the property; and
(ii) Maintains and regularly tends to the low-impact landscaping.
(2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:
(i) Significantly increases the cost of low-impact landscaping;
(ii) Significantly decreases the efficiency of low-impact landscaping; or
(iii) Requires cultivated vegetation to consist in whole or in part of turf grass.
Reasonable restrictions
(c) Nothing in this section may be construed to prohibit a restriction on use from including reasonable design and aesthetic guidelines regarding the type, number, and location of low-impact landscaping features.
Historic properties
(d) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.

Credits

Added by Acts 2021, c. 368, § 1, eff. Oct. 1, 2021.
MD Code, Real Property, § 2-125, MD REAL PROP § 2-125
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document