Public Act 102-0180
 
HB0633 EnrolledLRB102 15292 KMF 20647 b


  
    AN ACT concerning vegetable garden protection.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as 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.
  


Effective Date:  1/1/2022