S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2122--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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,  OR  OTHER
 PLANTS COMMONLY ASSOCIATED WITH SUCH GARDENS.
   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, AND MAY ALSO INCLUDE OTHER
 NATIVE OR SUPPORTIVE PLANTS, INCLUDING THOSE WITHOUT FLOWERS.
   § 5. The agriculture and markets  law  is  amended  by  adding  a  new
 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
 
   §  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.
   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.