NY State Senate Bill 2023-S9928

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 09, 2024	referred to rules

2023-S9928 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd Art 2-C Art Head, §31-g, add §31-k, Ag & Mkts L
Versions Introduced in 2025-2026 Legislative Session:: S879

2023-S9928 (ACTIVE) - Summary

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

2023-S9928 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9928

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage and protect the sustainable cultivations of fresh produce
at all levels of production, including on a residential property for
personal consumption or non-commercial sharing.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds two subdivisions to define "home vegetable
garden" and "native plant garden."

Section 2 of the bill establishes a person's right to cultivate a home
vegetable garden, native plant garden, and/or pollinator garden on their
own property or on the private property of another with permission of

the property owner.

 
JUSTIFICATION:

This bill will protect the right of New Yorkers to cultivate vegetable,
native plant, and pollinator gardens, which provide crucial environ-
mental and personal benefits. In several instances across the state,
individuals have faced enforcement actions for growing gardens that
exceed vague height restrictions, despite these spaces serving critical
ecological functions.

Vegetable gardens empower people to grow their own food, addressing food
security and self-sufficiency. In urban and suburban areas, these
gardens help fill gaps where access to fresh, affordable produce is
limited. The right to grow food should not be hindered by vague regu-
lations that fail to recognize the necessity of food sovereignty in
modern times.

Similarly, native plant gardens help protect biodiversity by fostering
habitats for local wildlife, preventing soil degradation, and resisting
invasive species. These gardens have been mistakenly targeted by local
authorities who view them merely as unkempt properties, ignoring their
environmental importance. Native plants are vital to the natural ecosys-
tem, and their protection is key to preserving the health of the land
itself.

Pollinator gardens, in particular, are vital to maintaining New York's
ecosystem. Bees, butterflies, and other pollinators are essential for
the health of plants, crops, and the broader environment. Yet, some
communities continue to penalize residents for creating pollinator
gardens, citing concerns about overgrown vegetation, often driven by
aesthetic preferences rather than genuine environmental or public health
concerns. Pollinators cannot survive solely on imported landscape
plants, which lack the sustainability that native species provide.

This bill would protect these essential types of gardens from arbitrary
enforcement while maintaining reasonable limits to ensure public health
and safety. It is critical that local laws adapt to modern environmental
challenges and recognize the benefits these gardens provide, from reduc-
ing urban heat to supporting local ecosystems.  By safeguarding the
right to cultivate vegetable, native plant, and pollinator gardens, New
York will take a step toward securing environmental stewardship, food
security, and biodiversity across the state.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
Immediately

2023-S9928 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9928
 
                             I N  S E N A T E
 
                              October 9, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:

   Section 1. This act shall be known and may be  cited  as  the  "garden
 protection act".
   §  2. Legislative purpose. The purpose of this act 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.
   § 3. The article heading of article 2-C of the agriculture and markets
 law, as added by chapter 862 of the laws of 1986, is amended to read  as
 follows:
                         COMMUNITY AND HOME GARDENS
   §  4.  Section  31-g  of the agriculture and markets law is amended by
 adding two new subdivisions 7 and 8 to read as follows:
   7. "HOME VEGETABLE GARDEN" SHALL MEAN ANY GARDEN LOCATED  ON  RESIDEN-
 TIAL  PROPERTY  WHERE  VEGETABLES,  HERBS,  FRUITS,  FLOWERS, POLLINATOR
 PLANTS, LEAFY GREENS, OR OTHER EDIBLE PLANTS ARE CULTIVATED.
   8. "NATIVE PLANT GARDEN" OR "POLLINATOR GARDEN" SHALL MEAN ANY  GARDEN
 LOCATED  ON  RESIDENTIAL  PROPERTY  WHERE  PLANTS  NATIVE  TO THE STATE,
 COMPOSED OF A VARIETY OF NECTAR AND  POLLEN-RICH  FLOWERS  WITH  A  WIDE
 RANGE  AND VARIETY OF SHAPES, SIZES, AND COLORS, THAT BLOSSOM AT VARIOUS
 TIMES THROUGHOUT THE YEAR, ARE CULTIVATED.
   § 5. The agriculture and markets  law  is  amended  by  adding  a  new
 section 31-k to read as follows:
   §  31-K. RIGHT TO CULTIVATE HOME VEGETABLE, NATIVE PLANT, AND POLLINA-
 TOR GARDENS. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR  REGULATION,  ANY
 PERSON  MAY  CULTIVATE  HOME  VEGETABLE  GARDENS,  NATIVE PLANT GARDENS,
 AND/OR POLLINATOR GARDENS ON THEIR OWN PROPERTY, OR ON THE PRIVATE PROP-
 ERTY OF ANOTHER WITH THE PERMISSION OF THE OWNER OF  SUCH  PROPERTY,  IN
 ANY COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16122-02-4
 S. 9928                             2
 
   2.  A MUNICIPALITY IN THE STATE SHALL NOT REGULATE GARDENS IN A MANNER
 INCONSISTENT WITH THIS SECTION.
   3.  THIS SECTION SHALL NOT PRECLUDE THE ADOPTION OF A RULE, REGULATION
 OR LOCAL ORDINANCE OF GENERAL NATURE THAT DOES NOT SPECIFICALLY REGULATE
 HOME VEGETABLE GARDENS, NATIVE PLANT GARDENS, AND/OR POLLINATOR 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 RULE, REGULATION  OR  ORDINANCE
 DOES  NOT  HAVE  THE EFFECT OF PRECLUDING HOME VEGETABLE GARDENS, NATIVE
 PLANT GARDENS, AND/OR POLLINATOR GARDENS.
   § 6. This act shall take effect immediately.

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Senate Bill S9928

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2023-S9928 (ACTIVE) - Details

2023-S9928 (ACTIVE) - Summary

2023-S9928 (ACTIVE) - Sponsor Memo

2023-S9928 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2023-S9928 (ACTIVE) - Details

2023-S9928 (ACTIVE) - Summary

2023-S9928 (ACTIVE) - Sponsor Memo

2023-S9928 (ACTIVE) - Bill Text download pdf

Comments