New York A 2122: Establishes the garden protection act

Bill Text

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A02122 Summary:

BILL NOA02122A

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SAME ASSAME AS S00879-A

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SPONSORKelles

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COSPNSRSteck, Schiavoni

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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 A02122 Actions:

BILL NOA02122A

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01/15/2025referred to aging

01/29/2025reference changed to agriculture

04/02/2025amend and recommit to agriculture

04/02/2025print number 2122a

01/07/2026referred to agriculture

Go to topA02122 Committee&nbspVotes:

Go to topA02122 Floor&nbspVotes:

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

Go to topA02122 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2122--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. KELLES -- read once and referred to the Committee
 on Agriculture -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 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
 21 times throughout the year, are cultivated, and may also include other
 22 native or supportive plants, including those without flowers.
 23 § 5. The agriculture and markets law is amended by adding a new
 24 section 31-k to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03133-03-5

 A. 2122--A 2

 1 § 31-k. Right to cultivate home vegetable, native plant, and pollina-
 2 tor gardens. 1. Notwithstanding any other law, rule or regulation, any
 3 person may cultivate home vegetable gardens, native plant gardens,
 4 and/or pollinator gardens on their own property, or on the private prop-
 5 erty of another with the permission of the owner of such property, in
 6 any county, municipality, or other political subdivision of this state.
 7 2. A municipality in the state shall not regulate gardens in a manner
 8 inconsistent with this section.
 9 3. This section shall not preclude the adoption of a rule, regulation
 10 or local ordinance of general nature that does not specifically regulate
 11 home vegetable gardens, native plant gardens, and/or pollinator gardens,
 12 including, but not limited to, regulations and ordinances relating to
 13 height, setback, water use, fertilizer use, or control of invasive or
 14 unlawful species, provided that any such rule, regulation or ordinance
 15 does not have the effect of precluding home vegetable gardens, native
 16 plant gardens, and/or pollinator gardens.
 17 § 6. This act shall take effect immediately.

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