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| Public Act 102-0180 |
| HB0633 Enrolled | LRB102 15292 KMF 20647 b |
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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.
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