Full Text of SB3329 101st General Assembly
SB3329 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3329 Introduced 2/14/2020, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED: |
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Creates the Right to Garden Act. Provides that the State or a unit of local government may not regulate gardens or the use of season extension techniques and devices on residential property. Provides that the Act does not preclude the State or a unit of local government from adopting statutes or regulations 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; a substance regulated under the Illinois Controlled Substances Act, the Industrial Hemp Act, or the Cannabis Regulation and Tax Act; or any other regulation that does not have the effect of prohibiting gardens. Defines the terms "garden", "residential property", and "season extension techniques and devices". Limits home rule powers. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Right | 5 | | to Garden Act. | 6 | | Section 5. Findings. The State of Illinois finds that the | 7 | | right of a property owner to create and maintain a garden on | 8 | | his or her own residential property, whether it be for produce, | 9 | | flowers, herbs, fungi, or grains, and when done so for one's | 10 | | own consumption and enjoyment, should not be infringed upon by | 11 | | the 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 | 14 | | person's residential property that is used to grow produce, | 15 | | flowers, herbs, fungi, or grains for one's own consumption and | 16 | | enjoyment. | 17 | | "Residential property" means real property on which there | 18 | | is a dwelling unit with accommodations for 4 or fewer separate | 19 | | households and occupied, or to be occupied, in whole or in | 20 | | part, 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 | | "Season extension techniques and devices" means any low or | 5 | | high tunnels and membrane structures constructed according to | 6 | | the United States Department of Agriculture's best practices | 7 | | utilized for season extension, wind break, or insect and shade | 8 | | netting in the growth and cultivation of food crops. | 9 | | Section 15. Regulations of gardens on residential | 10 | | property.
The State or a unit of local government may not | 11 | | regulate gardens or the use of season extension techniques and | 12 | | devices on residential property. However, this does not | 13 | | preclude the State or a unit of local government from adopting | 14 | | statutes or regulations pertaining to: restrictions on water | 15 | | use during drought conditions; existing or future adoption of | 16 | | property set-backs; maximum lot coverage; utility safety; | 17 | | fertilizer use; control of invasive species; a substance | 18 | | regulated under the Illinois Controlled Substances Act, the | 19 | | Industrial Hemp Act, or the Cannabis Regulation and Tax Act; or | 20 | | any other regulation that does not have the effect of | 21 | | prohibiting gardens.
| 22 | | Section 20. Home rule. A home rule unit may not regulate | 23 | | gardens on residential property in a manner inconsistent with | 24 | | this Act. This Section is a limitation under subsection (i) of |
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| 1 | | Section 6 of Article VII of the Illinois Constitution on the | 2 | | concurrent exercise by home rule units of powers and functions | 3 | | exercised by the State.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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