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Bill > S00879


NY S00879

NY S00879
Establishes the "garden protection act", protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens.


summary

Introduced
01/08/2025
In Committee
05/13/2025
Crossed Over
05/13/2025
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the agriculture and markets law, in relation to establishing the "garden protection act"

AI Summary

This bill establishes the "Garden Protection Act" to safeguard residents' rights to cultivate home gardens, specifically defining and protecting home vegetable gardens, native plant gardens, and pollinator gardens. The legislation allows individuals to grow these types of gardens on their own property or on another person's private property with permission, regardless of county or municipal location. The bill defines home vegetable gardens as spaces where edible plants like vegetables, herbs, fruits, and leafy greens are grown, and native plant/pollinator gardens as areas with plants native to the state that provide nectar and pollen for pollinators. Importantly, the bill prevents municipalities from creating regulations that would effectively prohibit such gardens, though local governments can still maintain general ordinances about garden-related issues like height, setback, water use, and invasive species control, as long as these rules do not prevent garden cultivation. The stated purpose is to encourage sustainable food production and cultivation at the residential level, supporting personal consumption and non-commercial sharing of produce, while also promoting biodiversity and supporting local ecosystems through native and pollinator-friendly plantings.

Committee Categories

Agriculture and Natural Resources

Sponsors (2)

Last Action

referred to agriculture (on 05/13/2025)

bill text


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