A 2122: Establishes the "garden protection act", protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens.

  
  STATE OF NEW YORK ________________________________________________________________________ 2122 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. KELLES -- read once and referred to the Committee on Aging 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. 16 8. "Native plant garden" or "pollinator garden" shall mean any garden 17 located on residential property where plants native to the state, 18 composed of a variety of nectar and pollen-rich flowers with a wide 19 range and variety of shapes, sizes, and colors, that blossom at various 20 times throughout the year, are cultivated. 21 § 5. The agriculture and markets law is amended by adding a new 22 section 31-k to read as follows: 23 § 31-k. Right to cultivate home vegetable, native plant, and pollina- 24 tor gardens. 1. Notwithstanding any other law, rule or regulation, any 25 person may cultivate home vegetable gardens, native plant gardens, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03133-01-5 
 A. 2122 2 1 and/or pollinator gardens on their own property, or on the private prop- 2 erty of another with the permission of the owner of such property, in 3 any county, municipality, or other political subdivision of this state. 4 2. A municipality in the state shall not regulate gardens in a manner 5 inconsistent with this section. 6 3. This section shall not preclude the adoption of a rule, regulation 7 or local ordinance of general nature that does not specifically regulate 8 home vegetable gardens, native plant gardens, and/or pollinator gardens, 9 including, but not limited to, regulations and ordinances relating to 10 height, setback, water use, fertilizer use, or control of invasive or 11 unlawful species, provided that any such rule, regulation or ordinance 12 does not have the effect of precluding home vegetable gardens, native 13 plant gardens, and/or pollinator gardens. 14 § 6. This act shall take effect immediately.