Bill > A02122

This bill establishes the "Garden Protection Act" to safeguard individuals' rights to cultivate home vegetable gardens, native plant gardens, and pollinator gardens. The legislation defines these garden types broadly, including vegetable gardens with edible plants and herbs, and native plant or pollinator gardens composed of nectar and pollen-rich flowers native to the state. The bill allows people to grow such gardens on their own property or on another's private property with permission, and prevents municipalities from creating regulations that would effectively prohibit these types of gardens. While local governments can still maintain general rules about height, setbacks, water and fertilizer use, and controlling invasive species, such regulations cannot be designed to prevent home gardens. The purpose of the act is to encourage sustainable food production and support local cultivation of fresh produce, as well as to promote biodiversity and support pollinators by protecting residents' rights to grow native plant gardens. By amending the agriculture and markets law, the bill provides legal protection for homeowners and gardeners who wish to cultivate these beneficial garden types across New York state.

Agriculture and Natural Resources, Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/A2122