Springfield, IL. (ECWd) –

Today, Governor Pritzker signed HB 633, “The Garden Act” to protect the right to grow vegetables in a garden on residential property.

Apparently some municipalities have attempted to regulate gardens to the point where they cannot exist.

This Act stops that practice.

HB 633 preempts Home Rule units of government from enacting Ordinances inconsistent with this Act.

THE GARDEN ACT:

Section 5. Purpose. The Act’s purpose is to encourage and
protect the sustainable cultivation of fresh produce at all
levels of production, including on residential property for
personal consumption or non-commercial sharing.
Section 10. Vegetable garden defined. As used in this Act,
the term “vegetable garden” means any plot of ground or
elevated soil bed on residential property where vegetables,
herbs, fruits, flowers, pollinator plants, leafy greens, or
other edible plants are cultivated.

Section 15. Right to cultivate vegetable gardens.
Notwithstanding any other law, any person may cultivate
vegetable gardens on their own property, or on the private
property of another with the permission of the owner, in any
county, municipality, or other political subdivision of this
state.

Section 20. Home rule. A home rule unit may not regulate
gardens in a manner inconsistent with this Act. This Section
is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the
State.

Section 25. State and local regulation still permitted.

Section 20 of this Act notwithstanding, this Act does not
preclude the adoption of a regulation or local ordinance of
general nature that does not specifically regulate vegetable
gardens, including, but not limited to, regulations and
ordinances relating to height, setback, water use, fertilizer
use, or control of invasive or unlawful species, provided that
any such regulation or ordinance does not have the effect of
precluding vegetable gardens.