HB0633 EngrossedLRB102 15292 KMF 20647 b


  
1    AN ACT concerning vegetable garden protection.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the Garden 
5Act.
 
6    Section 5. Purpose. The Act's purpose is to encourage and 
7protect the sustainable cultivation of fresh produce at all 
8levels of production, including on residential property for 
9personal consumption or non-commercial sharing.
 
10    Section 10. Vegetable garden defined. As used in this Act, 
11the term "vegetable garden" means any plot of ground or 
12elevated soil bed on residential property where vegetables, 
13herbs, fruits, flowers, pollinator plants, leafy greens, or 
14other edible plants are cultivated.
 
15    Section 15. Right to cultivate vegetable gardens. 
16Notwithstanding any other law, any person may cultivate 
17vegetable gardens on their own property, or on the private 
18property of another with the permission of the owner, in any 
19county, municipality, or other political subdivision of this 
20state.
 
 
 
HB0633 Engrossed- 2 -LRB102 15292 KMF 20647 b

1    Section 20. Home rule. A home rule unit may not regulate 
2gardens in a manner inconsistent with this Act. This Section 
3is a limitation under subsection (i) of Section 6 of Article 
4VII of the Illinois Constitution on the concurrent exercise by 
5home rule units of powers and functions exercised by the 
6State.
 
7    Section 25. State and local regulation still permitted. 
8Section 20 of this Act notwithstanding, this Act does not 
9preclude the adoption of a regulation or local ordinance of 
10general nature that does not specifically regulate vegetable 
11gardens, including, but not limited to, regulations and 
12ordinances relating to height, setback, water use, fertilizer 
13use, or control of invasive or unlawful species, provided that 
14any such regulation or ordinance does not have the effect of 
15precluding vegetable gardens.