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.