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Texas Property Code 202.007 and artificial hedges: what your HOA can and can't block

What Section 202.007 actually says

If you're a Texas homeowner trying to install an artificial hedge and your HOA is pushing back, you've probably seen "Texas Property Code 202.007" mentioned online. Here's what it actually says — and where the gray area is.

Texas Property Code § 202.007(a)
A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from [...] using drought-resistant landscaping or water-conserving natural turf.
Effective September 1, 2013 (SB 198, 83rd Texas Legislature) — Full text at Texas Legislature Online

The law also says:

Planning a similar project? See HOA-friendly hedge options →.

Texas Property Code § 202.007(d)
A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.
This means HOAs can require you to submit plans, but they can't reject them without a legitimate reason.

The gray area: does 202.007 cover artificial hedges?

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Here's where we need to be honest.

Section 202.007 does not define "drought-resistant landscaping." The statute protects drought-resistant landscaping and water-conserving natural turf, but it does not specify whether artificial or synthetic materials qualify. As of 2026, no published Texas court ruling has settled this question for artificial hedges or faux living walls. This is not legal advice — consult a Texas property attorney for your specific situation.

The argument that artificial hedges qualify: An artificial hedge uses zero water, requires zero irrigation, and cannot die during drought. It is functionally the most drought-resistant "landscaping" possible. Some HOA attorneys have noted that the statute's failure to define the term leaves room for this interpretation.

The argument that they don't qualify: The statute specifically says "water-conserving natural turf" in one clause, suggesting the legislature was thinking about real plants. An HOA could argue that "landscaping" implies living material and that plastic panels are a structure, not landscaping.

The practical reality: Most Texas HOAs approve artificial hedges when presented with a professional application. The legal question rarely needs to be tested because the approval process works. The statute is a useful backstop if you're denied, but it's not a guarantee.

How to get your artificial hedge approved (the real process)

Forget the legal arguments for now. Here's what actually gets approvals through Texas HOA architectural review committees:

Read your CC&Rs and design guidelines first
Before submitting anything, read your HOA's Covenants, Conditions & Restrictions and any architectural design guidelines. Look for language about fencing, screening, landscaping materials, and exterior modifications. Knowing the rules lets you frame your application in their language.
Get the architectural review application form
Request the ACC/ARC application from your HOA management company or board. Some communities have specific landscaping modification forms. Use the official form — don't just send an email.
Build a detailed submission package
This is where most applications succeed or fail. A vague request gets denied. A professional package with specs, photos, and a site plan gets approved. See the checklist below for what to include.
Submit and follow up at 14 days
Submit your application and document the date. Many Texas HOAs have a 30-day review window. If you haven't heard back in two weeks, send a written follow-up. Under some CC&Rs, failure to respond within 30 days constitutes automatic approval.
If approved, keep a copy of the written approval
Get the approval in writing before starting installation. Keep this document permanently. There have been cases in Texas where HOAs approved modifications and later claimed they hadn't, so written documentation protects you.
If denied, request the written reason and appeal
Texas law requires the committee to explain the denial in writing and tell you what changes would result in approval. You have 30 days to request a hearing with the full board, and the board must hold that hearing within 30 days of your request.

What to include in your submission package

The more professional your application, the less room the committee has to claim "aesthetic incompatibility." Here's the complete checklist:

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We provide this for our clients. When you work with Lone Star Faux Scapes, we supply product specs, installed project photos, fire-rating documentation, and a material description formatted for HOA submissions. We've helped homeowners in Dallas, Houston, San Antonio, and Sugar Land get approvals.

What to do if your HOA denies your request

Don't panic. Denials happen, and Texas law gives you a clear path forward.

1
Get the written denial
Texas law requires the committee to provide written reasons and specify what changes would lead to approval.
2
Request a board hearing
You have 30 days from the denial notice to request a hearing with the full board. The board must hold it within 30 days.
3
Present your case
Bring your submission package, reference Section 202.007 if relevant, and show comparable approved modifications in the neighborhood.

If the denial reason is purely aesthetic and your product is consistent with the neighborhood, you have a reasonable argument that the denial is "unreasonable" under Section 202.007. But again — whether artificial hedges fall under 202.007 is an untested legal question in Texas courts, so don't treat the statute as an automatic win.

Arguments that strengthen your case

If you're pushing back on a denial, these points carry weight with HOA boards:

Common HOA objections and how to address them

"It will look fake." Provide close-up photos of modern commercial-grade foliage. Mixed-species panels with varied tones are difficult to distinguish from real plants at conversational distance. Offer to install a small sample section for the committee to inspect.

"It's not landscaping, it's a structure." Technically, an artificial hedge mounted on an existing fence is a modification to an existing structure, which may fall under fencing rules rather than landscaping rules. Frame your application according to whichever category is more favorable in your CC&Rs.

"It'll degrade over time." Provide UV stabilization data. UV-stabilized panels tested to ASTM G154 standards retain appearance for 5 to 10 years in full sun. Include your maintenance commitment in the application.

"No one else has one." Being first doesn't mean it's prohibited. If the CC&Rs don't explicitly ban artificial materials, the committee needs a specific rule to cite — not just preference.

Sources

See our HOA-approved artificial hedges page, or explore installations in Dallas, Fort Worth, Houston, and San Antonio.

Planning note: Any price or percentage figures in this article are non-binding educational estimates. Final pricing is itemized after site measurements, substrate review, and scope confirmation.

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