HB4704 101ST GENERAL ASSEMBLY

LRB101 17129 BMS 66530 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4704

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

SYNOPSIS AS INTRODUCED:

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.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Right to Garden Act.

Section 5. Findings. 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.

Section 10. Definitions. 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 enjoyment.

"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 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.

Section 15. Regulations of gardens on residential property. 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 Tax Act.

Section 20. Home rule. 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.

Section 99. Effective date. This Act takes effect upon becoming law.