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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4704 Introduced 2/18/2020, by Rep. Sonya M. Harper, Kelly M. Burke, Maurice A. West, II and Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
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Creates the Right to Garden Act. Allows the State or a unit of local government to regulate gardens on residential property unless the statute or regulation has the practical effect of precluding gardens on residential property entirely. Defines the terms "garden" and "residential property". Limits home rule powers. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4704 | | LRB101 17129 BMS 66530 b |
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1 | | AN ACT concerning agriculture.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Right |
5 | | to Garden Act. |
6 | | Section 5. Findings. The State of Illinois finds that the |
7 | | right of a property owner to create and maintain a garden on |
8 | | his or her own residential property, whether it be for produce, |
9 | | flowers, herbs, fungi, or grains, and when done so for one's |
10 | | own consumption and enjoyment, should not be infringed upon by |
11 | | the State or any unit of local government. |
12 | | Section 10. Definitions. As used in this Act:
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13 | | "Garden" means a piece of property wholly located within a |
14 | | person's residential property that is used to grow produce, |
15 | | flowers, herbs, fungi, or grains for one's own consumption and |
16 | | enjoyment. |
17 | | "Residential property" means real property on which there |
18 | | is a dwelling unit with accommodations for 4 or fewer separate |
19 | | households and occupied, or to be occupied, in whole or in |
20 | | part, by the mortgagor; however "residential property":
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21 | | (1) is limited to the primary residence of a person;
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22 | | (2) does not include an investment property or |