Senate Bill S879A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  879--A
     Cal. No. 479
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. MAY, COMRIE -- read twice and ordered printed, and
   when printed to be  committed  to  the  Committee  on  Agriculture  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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

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

                                                            LBD03133-02-5
 S. 879--A                           2
 
 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:
   § 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.