Full Text of HB4704 101st General Assembly
HB4704 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
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
SYNOPSIS AS INTRODUCED:
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.
|HOME RULE NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
to Garden Act.
The State of Illinois finds that the
right of a property owner to create and maintain a garden on
his or her own residential property, whether it be for produce,
flowers, herbs, fungi, or grains, and when done so for one's
own consumption and enjoyment, should not be infringed upon by
the State or any unit of local government.
As used in this Act:
"Garden" means a piece of property wholly located within a
person's residential property that is used to grow produce,
flowers, herbs, fungi, or grains for one's own consumption and
"Residential property" means real property on which there
is a dwelling unit with accommodations for 4 or fewer separate
households and occupied, or to be occupied, in whole or in
part, by the mortgagor; however "residential property":
(1) is limited to the primary residence of a person;
(2) does not include an investment property or
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residence other than a primary residence; and
(3) does not include residential property taken in
whole or in part as collateral for a commercial loan.
Regulations of gardens on residential
The State or a unit of local government may regulate
gardens on residential property unless a statute or regulation
has the practical effect of precluding gardens on residential
property entirely. Permissible statutes or regulations
include, but are not limited to, those pertaining to
restrictions on water use during drought conditions, existing
or future adoption of property set-backs, maximum lot coverage,
utility safety, fertilizer use, control of invasive species, or
a substance regulated under the Illinois Controlled Substances
Act, the Industrial Hemp Act, or the Cannabis Regulation and
A home rule unit may not regulate
gardens on residential property in a manner inconsistent with
this Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
This Act takes effect upon