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Public Act 102-0180


 

Public Act 0180 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0180
 
HB0633 EnrolledLRB102 15292 KMF 20647 b

    AN ACT concerning vegetable garden protection.
 
    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 Garden
Act.
 
    Section 5. Purpose. The Act's purpose is to encourage and
protect the sustainable cultivation of fresh produce at all
levels of production, including on residential property for
personal consumption or non-commercial sharing.
 
    Section 10. Vegetable garden defined. As used in this Act,
the term "vegetable garden" means any plot of ground or
elevated soil bed on residential property where vegetables,
herbs, fruits, flowers, pollinator plants, leafy greens, or
other edible plants are cultivated.
 
    Section 15. Right to cultivate vegetable gardens.
Notwithstanding any other law, any person may cultivate
vegetable gardens on their own property, or on the private
property of another with the permission of the owner, in any
county, municipality, or other political subdivision of this
state.
 
    Section 20. Home rule. A home rule unit may not regulate
gardens 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 25. State and local regulation still permitted.
Section 20 of this Act notwithstanding, this Act does not
preclude the adoption of a regulation or local ordinance of
general nature that does not specifically regulate vegetable
gardens, including, but not limited to, regulations and
ordinances relating to height, setback, water use, fertilizer
use, or control of invasive or unlawful species, provided that
any such regulation or ordinance does not have the effect of
precluding vegetable gardens.

Effective Date: 1/1/2022