Maryland HB 322 — Native Plant & Pollinator Garden Protections
Last Updated: January 2025 | Reading Time: 8 minutes
What HB 322 Protects
Maryland's HB 322 limits HOA authority over two categories of landscaping:
- Native plant species — plants indigenous to Maryland as recognized by the Maryland Department of Natural Resources
- Pollinator gardens — plantings designed to provide habitat and food for bees, butterflies, and other pollinators
An HOA cannot impose an outright ban on either category. The law reflects Maryland's broader conservation commitments, including Chesapeake Bay restoration goals that depend heavily on native vegetation for runoff reduction.
How to Use HB 322 — Step by Step
- Verify your plants are Maryland natives. Use the Maryland Native Plant Society resources or Maryland DNR plant lists.
- Notify your HOA in advance. While requirements vary by association, advance written notification establishes your standing under the law and demonstrates good faith.
- Include a maintenance plan. HOAs retain authority to require reasonable maintenance — a written plan preempts that objection. See our template.
- Add defined borders. Maryland HOAs may require defined edging — installing it proactively removes their strongest remaining objection.
What Maryland HOAs Can Still Do
- Require advance notification of installations
- Enforce reasonable, equally applied maintenance standards
- Require defined borders or edging around garden beds
- Restrict plants that are not Maryland natives and not part of a qualifying pollinator garden
The Chesapeake Bay Argument
Maryland homeowners have a unique additional argument: Chesapeake Bay restoration. Maryland is legally committed to Bay cleanup targets under the Chesapeake Bay Watershed Agreement. Native plants directly support these goals by reducing fertilizer runoff, filtering stormwater, and eliminating the chemical inputs conventional turf requires. Citing the Bay commitment in HOA communications connects your garden to a state legal obligation.
If Your HOA Violates HB 322
- Respond in writing, citing HB 322 specifically
- Include your plant list with Maryland native status documented
- Request written withdrawal of any violation notice within 30 days
- If the HOA persists, contact a Maryland real estate attorney — enforcement contrary to state law exposes the HOA to liability and potentially your legal fees
For more Maryland-specific information, see our full Maryland state guide.