Pennsylvania HB 1878: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, providing for managed native conservation landscaping.

Bill Text

PRINTER'S NO. 2335
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1878
Session of
2025
INTRODUCED BY FLEMING, SALISBURY, McANDREW, HILL-EVANS, FREEMAN,
VITALI, OTTEN, GAYDOS, SANCHEZ, SOLOMON, CERRATO, PIELLI AND
GREEN, SEPTEMBER 24, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
SEPTEMBER 25, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, providing for managed
native conservation landscaping.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 56
MANAGED NATIVE CONSERVATION LANDSCAPING
Sec.
5601. Definitions.
5602. Prohibition of deed restrictions pertaining to managed
native conservation landscaping.
§ 5601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Managed native conservation landscaping."
(1) Planned, intentional and maintained planting of
native plants, including rain gardens, pollinator gardens and
pollinator meadows, that does at least one of the following:
(i) Incorporates environmentally sensitive design to
help meet this Commonwealth's water quality standards and
storm water management, including commitments to address
storm water runoff and reduce pollution, both locally and
in the most recent Chesapeake Bay Total Maximum Daily
Load Watershed Implementation Plan.
(ii) Protects water quality through improved
filtration.
(iii) Improves storm water management through
increased infiltration.
(iv) Supports native pollinators and wildlife by
providing native vegetation habitat.
(2) The term does not include turf grass lawns left
unattended or the use or maintenance of a noxious weed.
"Noxious weed." A plant listed in 7 CFR 360.200 (relating to
designation of noxious weeds) or listed as a noxious weed under
3 Pa.C.S. § 1519 (relating to noxious weed list).
§ 5602. Prohibition of deed restrictions pertaining to managed
native conservation landscaping.
(a) Prohibition.-- Except as provided under subsections (b)
and (c), no deed restriction, covenant or binding agreement
running with the land may prohibit or have the effect of
prohibiting an owner from installing managed native conservation
landscaping on the owner's property. An association as defined
under section 3103 (relating to definitions) or 5103 (relating
to definitions) may establish reasonable restrictions concerning
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the management, design and aesthetic guidelines for managed
native conservation landscape features.
(b) Unreasonable restriction.--A restriction shall be deemed
unreasonable if the restriction:
(1) Significantly increases the cost of managed native
conservation landscaping.
(2) Significantly decreases the efficiency or viability
of managed native conservation landscaping.
(3) Requires cultivated vegetation to consist in whole
or in part of turf grass.
(4) Prohibits managed native conservation landscaping
from being used in the front or visible areas of a property.
(5) Limits the use of managed native conservation
landscaping to a percentage of the owner's property acreage.
(c) Exceptions.--The governing documents of an association
created under Subpart B (relating to condominiums) or D
(relating to planned communities) of Part II may prohibit or
restrict the use of managed native conservation landscaping on
the common elements or common areas within the condominium or
planned community served by the association.
(d) Application.--This chapter shall not apply to a
restriction on use imposed upon any real property designated as
a historic property or historic resource, as those terms are
defined under 37 Pa.C.S. § 103 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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