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

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
 1   Amending Title 68 (Real and Personal Property) of the
 2      Pennsylvania Consolidated Statutes, providing for managed
 3      native conservation landscaping.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 68 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                CHAPTER 56
 9                MANAGED NATIVE CONSERVATION LANDSCAPING
10   Sec.
11   5601.   Definitions.
12   5602.   Prohibition of deed restrictions pertaining to managed
13               native conservation landscaping.
14   § 5601.   Definitions.
15      The following words and phrases when used in this chapter
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
 1      "Managed native conservation landscaping."
 2             (1)   Planned, intentional and maintained planting of
 3      native plants, including rain gardens, pollinator gardens and
 4      pollinator meadows, that does at least one of the following:
 5                   (i)    Incorporates environmentally sensitive design to
 6             help meet this Commonwealth's water quality standards and
 7             storm water management, including commitments to address
 8             storm water runoff and reduce pollution, both locally and
 9             in the most recent Chesapeake Bay Total Maximum Daily
10             Load Watershed Implementation Plan.
11                   (ii)    Protects water quality through improved
12             filtration.
13                   (iii)    Improves storm water management through
14             increased infiltration.
15                   (iv)    Supports native pollinators and wildlife by
16             providing native vegetation habitat.
17             (2)   The term does not include turf grass lawns left
18      unattended or the use or maintenance of a noxious weed.
19      "Noxious weed."        A plant listed in 7 CFR 360.200 (relating to
20   designation of noxious weeds) or listed as a noxious weed under
21   3 Pa.C.S. § 1519 (relating to noxious weed list).
22   § 5602.    Prohibition of deed restrictions pertaining to managed
23                   native conservation landscaping.
24      (a)    Prohibition.--Except as provided under subsections (b)
25   and (c), no deed restriction, covenant or binding agreement
26   running with the land may prohibit or have the effect of
27   prohibiting an owner from installing managed native conservation
28   landscaping on the owner's property. An association as defined
29   under section 3103 (relating to definitions) or 5103 (relating
30   to definitions) may establish reasonable restrictions concerning

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 1   the management, design and aesthetic guidelines for managed
 2   native conservation landscape features.
 3      (b)   Unreasonable restriction.--A restriction shall be deemed
 4   unreasonable if the restriction:
 5            (1)   Significantly increases the cost of managed native
 6      conservation landscaping.
 7            (2)   Significantly decreases the efficiency or viability
 8      of managed native conservation landscaping.
 9            (3)   Requires cultivated vegetation to consist in whole
10      or in part of turf grass.
11            (4)   Prohibits managed native conservation landscaping
12      from being used in the front or visible areas of a property.
13            (5)   Limits the use of managed native conservation
14      landscaping to a percentage of the owner's property acreage.
15      (c)   Exceptions.--The governing documents of an association
16   created under Subpart B (relating to condominiums) or D
17   (relating to planned communities) of Part II may prohibit or
18   restrict the use of managed native conservation landscaping on
19   the common elements or common areas within the condominium or
20   planned community served by the association.
21      (d)   Application.--This chapter shall not apply to a
22   restriction on use imposed upon any real property designated as
23   a historic property or historic resource, as those terms are
24   defined under 37 Pa.C.S. § 103 (relating to definitions).
25      Section 2.    This act shall take effect in 60 days.




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