S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2122
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Aging
 
 AN  ACT  to amend the agriculture and markets law, in relation to estab-
   lishing the "garden protection act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act  shall be known and may be cited as the "garden
 protection act".
   § 2. Legislative purpose. The purpose of this act 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.
   § 3. The article heading of article 2-C of the agriculture and markets
 law,  as added by chapter 862 of the laws of 1986, is amended to read as
 follows:
                         COMMUNITY AND HOME GARDENS
   § 4. Section 31-g of the agriculture and markets  law  is  amended  by
 adding two new subdivisions 7 and 8 to read as follows:
   7.  "HOME  VEGETABLE GARDEN" SHALL MEAN ANY GARDEN LOCATED ON RESIDEN-
 TIAL PROPERTY  WHERE  VEGETABLES,  HERBS,  FRUITS,  FLOWERS,  POLLINATOR
 PLANTS, LEAFY GREENS, OR OTHER EDIBLE PLANTS ARE CULTIVATED.
   8.  "NATIVE PLANT GARDEN" OR "POLLINATOR GARDEN" SHALL MEAN ANY GARDEN
 LOCATED ON RESIDENTIAL  PROPERTY  WHERE  PLANTS  NATIVE  TO  THE  STATE,
 COMPOSED  OF  A  VARIETY  OF  NECTAR AND POLLEN-RICH FLOWERS WITH A WIDE
 RANGE AND VARIETY OF SHAPES, SIZES, AND COLORS, THAT BLOSSOM AT  VARIOUS
 TIMES THROUGHOUT THE YEAR, ARE CULTIVATED.
   §  5.  The  agriculture  and  markets  law  is amended by adding a new
 section 31-k to read as follows:
   § 31-K. RIGHT TO CULTIVATE HOME VEGETABLE, NATIVE PLANT, AND  POLLINA-
 TOR  GARDENS.  1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, ANY
 PERSON MAY CULTIVATE  HOME  VEGETABLE  GARDENS,  NATIVE  PLANT  GARDENS,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03133-01-5
              

 A. 2122                             2
 
 AND/OR POLLINATOR GARDENS ON THEIR OWN PROPERTY, OR ON THE PRIVATE PROP-
 ERTY  OF  ANOTHER  WITH THE PERMISSION OF THE OWNER OF SUCH PROPERTY, IN
 ANY COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE.
   2.  A MUNICIPALITY IN THE STATE SHALL NOT REGULATE GARDENS IN A MANNER
 INCONSISTENT WITH THIS SECTION.
   3. THIS SECTION SHALL NOT PRECLUDE THE ADOPTION OF A RULE,  REGULATION
 OR LOCAL ORDINANCE OF GENERAL NATURE THAT DOES NOT SPECIFICALLY REGULATE
 HOME VEGETABLE GARDENS, NATIVE PLANT GARDENS, AND/OR POLLINATOR 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 RULE, REGULATION OR ORDINANCE
 DOES NOT HAVE THE EFFECT OF PRECLUDING HOME  VEGETABLE  GARDENS,  NATIVE
 PLANT GARDENS, AND/OR POLLINATOR GARDENS.
   § 6. This act shall take effect immediately.