State of Illinois
2019 and 2020


Introduced 2/18/2020, by Rep. Sonya M. Harper, Kelly M. Burke, Maurice A. West, II and Anne Stava-Murray


New Act

    Creates the Right to Garden Act. Allows the State or a unit of local government to regulate gardens on residential property unless the statute or regulation has the practical effect of precluding gardens on residential property entirely. Defines the terms "garden" and "residential property". Limits home rule powers. Effective immediately.

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1    AN ACT concerning agriculture.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Right
5to Garden Act.
6    Section 5. Findings. The State of Illinois finds that the
7right of a property owner to create and maintain a garden on
8his or her own residential property, whether it be for produce,
9flowers, herbs, fungi, or grains, and when done so for one's
10own consumption and enjoyment, should not be infringed upon by
11the State or any unit of local government.
12    Section 10. Definitions. As used in this Act:
13    "Garden" means a piece of property wholly located within a
14person's residential property that is used to grow produce,
15flowers, herbs, fungi, or grains for one's own consumption and
17    "Residential property" means real property on which there
18is a dwelling unit with accommodations for 4 or fewer separate
19households and occupied, or to be occupied, in whole or in
20part, by the mortgagor; however "residential property":
21        (1) is limited to the primary residence of a person;
22        (2) does not include an investment property or



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1    residence other than a primary residence; and
2        (3) does not include residential property taken in
3    whole or in part as collateral for a commercial loan.
4    Section 15. Regulations of gardens on residential
5property. The State or a unit of local government may regulate
6gardens on residential property unless a statute or regulation
7has the practical effect of precluding gardens on residential
8property entirely. Permissible statutes or regulations
9include, but are not limited to, those pertaining to
10restrictions on water use during drought conditions, existing
11or future adoption of property set-backs, maximum lot coverage,
12utility safety, fertilizer use, control of invasive species, or
13a substance regulated under the Illinois Controlled Substances
14Act, the Industrial Hemp Act, or the Cannabis Regulation and
15Tax Act.
16    Section 20. Home rule. A home rule unit may not regulate
17gardens on residential property in a manner inconsistent with
18this Act. This Section is a limitation under subsection (i) of
19Section 6 of Article VII of the Illinois Constitution on the
20concurrent exercise by home rule units of powers and functions
21exercised by the State.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.