An Act to Promote Water Conservation and Water Quality and Create Habitat for Wildlife, Including Pollinator Species, by Protecting Low-impact Landscaping
Maine Legislature, Session 131, LD 0649
Committee: Judiciary
Sponsors: DAUGHTRY, TERRY, CARNEY, HICKMAN, INGWERSEN, DODGE, DOUDERA, MILLETT, O'NEIL, WARREN

Legislative Document
No. 649
S.P. 266
In Senate, February 14, 2023
An Act to Promote Water Conservation and Water Quality and 
Create Habitat for Wildlife, Including Pollinator Species, by 
Protecting Low-impact Landscaping
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAUGHTRY of Cumberland.
Cosponsored by Representative TERRY of Gorham and
Senators: CARNEY of Cumberland, HICKMAN of Kennebec, INGWERSEN of York, 
Representatives: DODGE of Belfast, DOUDERA of Camden, MILLETT of Cape Elizabeth, 
O'NEIL of Saco, WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  33 MRSA c. 28-B is enacted to read:
CHAPTER 28-B
PROTECTION OF LOW-IMPACT LANDSCAPING
§1451.  Protection of low-impact landscaping
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Low-impact landscaping" means landscaping techniques that conserve water, 
lower maintenance costs, provide pollution prevention and create habitat for wildlife.  
"Low-impact landscaping" includes gardens and other features designed to attract 
wildlife generally and pollinator species more specifically; rain gardens and other 
features that use natural biological principles to return rainwater to the soil and to filter 
rainwater of excess nutrients; and other forms of landscaping or gardening that reduce 
or eliminate the need for supplemental water from irrigation.
B.  "Restriction on use" includes any covenant, restriction or condition contained in a 
deed, declaration, contract, condominium or homeowners association bylaws or rule or 
security instrument or other instrument affecting the transfer or sale of real property or 
other interest in real property.
C.  "Unreasonable limitation" includes a limitation that significantly increases the cost 
of low-impact landscaping, significantly decreases the efficiency of low-impact 
landscaping or requires cultivated vegetation to consist in whole or in part of turf grass.
2.  Prohibition.  A restriction on use regarding real property may not put an 
unreasonable limitation on low-impact landscaping if the property owner owns or has the 
right to exclusive use of the property and maintains and regularly tends to the low-impact 
landscaping.
3.  Construction; application.  This section may not 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.  This section does not apply 
to a restriction on use on historic property that is listed in or determined by the Maine 
Historic Preservation Commission to be eligible for inclusion in the National Register of 
Historic Places.
SUMMARY
This bill prohibits certain restrictions on landscaping techniques that conserve water, 
lower maintenance costs, provide pollution prevention and create habitat for wildlife.  The 
restrictions that are prohibited are those that would increase costs, decrease efficiency or 
require the use in whole or in part of turf grass.