Illinois General Assembly - Full Text of SB0170
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Full Text of SB0170  102nd General Assembly

SB0170eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0170 EngrossedLRB102 15291 KMF 20646 b

1    AN ACT concerning vegetable garden protection.
 
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 Garden
5Act.
 
6    Section 5. Purpose. The Act's purpose is to encourage and
7protect the sustainable cultivation of fresh produce at all
8levels of production, including on residential property for
9personal consumption or non-commercial sharing.
 
10    Section 10. Vegetable garden defined. As used in this Act,
11the term "vegetable garden" means any plot of ground or
12elevated soil bed on residential property where vegetables,
13herbs, fruits, flowers, pollinator plants, leafy greens, or
14other edible plants are cultivated.
 
15    Section 15. Right to cultivate vegetable gardens.
16Notwithstanding any other law, any person may cultivate
17vegetable gardens on their own property, or on the private
18property of another with the permission of the owner, in any
19county, municipality, or other political subdivision of this
20State.
 

 

 

SB0170 Engrossed- 2 -LRB102 15291 KMF 20646 b

1    Section 20. Home rule. A home rule unit may not regulate
2gardens in a manner inconsistent with this Act. This Section
3is a limitation under subsection (i) of Section 6 of Article
4VII of the Illinois Constitution on the concurrent exercise by
5home rule units of powers and functions exercised by the
6State.
 
7    Section 25. State and local regulation still permitted.
8Section 20 of this Act notwithstanding, this Act does not
9preclude the adoption of a regulation or local ordinance of
10general nature that does not specifically regulate vegetable
11gardens, including, but not limited to, regulations and
12ordinances relating to height, setback, water use, fertilizer
13use, or control of invasive or unlawful species, provided that
14any such regulation or ordinance does not have the effect of
15precluding vegetable gardens.