101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced 2/18/2020, by Rep. Sonya M. Harper, Kelly M. Burke, Maurice A. West, II and Anne Stava-Murray
SYNOPSIS AS INTRODUCED:
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.
|HOME RULE NOTE ACT MAY APPLY|
A BILL FOR
|HB4704||LRB101 17129 BMS 66530 b|
AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
to Garden Act.
The State of Illinois finds that the
right of a property owner to create and maintain a garden on
his or her own residential property, whether it be for produce,
flowers, herbs, fungi, or grains, and when done so for one's
own consumption and enjoyment, should not be infringed upon by
the State or any unit of local government.
As used in this Act:
"Garden" means a piece of property wholly located within a
person's residential property that is used to grow produce,
flowers, herbs, fungi, or grains for one's own consumption and
"Residential property" means real property on which there
is a dwelling unit with accommodations for 4 or fewer separate
households and occupied, or to be occupied, in whole or in
part, by the mortgagor; however "residential property":
(1) is limited to the primary residence of a person;
(2) does not include an investment property or