New York S 879: Establishes the garden protection act

Bill Text

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S00879 Summary:

BILL NOS00879A

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SAME ASSAME AS A02122-A

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SPONSORMAY

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COSPNSRCOMRIE, OBERACKER

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MLTSPNSR

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Amd Art 2-C Art Head, §31-g, add §31-k, Ag & Mkts L

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Establishes the "garden protection act", protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens.

Go to top S00879 Actions:

BILL NOS00879A

&nbsp

01/08/2025REFERRED TO AGRICULTURE

03/04/20251ST REPORT CAL.479

03/05/20252ND REPORT CAL.

03/10/2025ADVANCED TO THIRD READING 

04/01/2025AMENDED ON THIRD READING 879A

05/13/2025PASSED SENATE

05/13/2025DELIVERED TO ASSEMBLY

05/13/2025referred to agriculture

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO AGRICULTURE

02/25/20261ST REPORT CAL.418

02/26/20262ND REPORT CAL.

03/04/2026ADVANCED TO THIRD READING 

03/17/2026PASSED SENATE

03/17/2026DELIVERED TO ASSEMBLY

03/17/2026referred to agriculture

Go to topS00879 Committee&nbspVotes:

Go to topS00879 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00879 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 879--A
 Cal. No. 479

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. MAY, COMRIE -- read twice and ordered printed, and
 when printed to be committed to the Committee on Agriculture --
 reported favorably from said committee, ordered to first and second
 report, ordered to a third reading, amended and ordered reprinted,
 retaining its place in the order of third reading

 AN ACT to amend the agriculture and markets law, in relation to estab-
 lishing the "garden protection act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "garden
 2 protection act".
 3 § 2. Legislative purpose. The purpose of this act is to encourage and
 4 protect the sustainable cultivation of fresh produce at all levels of
 5 production, including on residential property for personal consumption
 6 or non-commercial sharing.
 7 § 3. The article heading of article 2-C of the agriculture and markets
 8 law, as added by chapter 862 of the laws of 1986, is amended to read as
 9 follows:
 10 COMMUNITY AND HOME GARDENS
 11 § 4. Section 31-g of the agriculture and markets law is amended by
 12 adding two new subdivisions 7 and 8 to read as follows:
 13 7. "Home vegetable garden" shall mean any garden located on residen-
 14 tial property where vegetables, herbs, fruits, flowers, pollinator
 15 plants, leafy greens, or other edible plants are cultivated, or other
 16 plants commonly associated with such gardens.
 17 8. "Native plant garden" or "pollinator garden" shall mean any garden
 18 located on residential property where plants native to the state,
 19 composed of a variety of nectar and pollen-rich flowers with a wide
 20 range and variety of shapes, sizes, and colors, that blossom at various

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03133-02-5

 S. 879--A 2

 1 times throughout the year, are cultivated, and may also include other
 2 native or supportive plants, including those without flowers.
 3 § 5. The agriculture and markets law is amended by adding a new
 4 section 31-k to read as follows:
 5 § 31-k. Right to cultivate home vegetable, native plant, and pollina-
 6 tor gardens. 1. Notwithstanding any other law, rule or regulation, any
 7 person may cultivate home vegetable gardens, native plant gardens,
 8 and/or pollinator gardens on their own property, or on the private prop-
 9 erty of another with the permission of the owner of such property, in
 10 any county, municipality, or other political subdivision of this state.
 11 2. A municipality in the state shall not regulate gardens in a manner
 12 inconsistent with this section.
 13 3. This section shall not preclude the adoption of a rule, regulation
 14 or local ordinance of general nature that does not specifically regulate
 15 home vegetable gardens, native plant gardens, and/or pollinator gardens,
 16 including, but not limited to, regulations and ordinances relating to
 17 height, setback, w