Bill Text: IL HB0633 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Creates the Garden Act. Provides for the right to cultivate a vegetable garden and permits State and local regulation. Defines "vegetable garden". Limits home rule powers.
Sponsorship: Partisan Bill (Democrat 21)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0180 [HB0633 Detail]
Download: Illinois-2021-HB0633-Chaptered.html
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| Public Act 102-0180 | ||||
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AN ACT concerning vegetable garden protection.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Garden | ||||
Act.
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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.
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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.
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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.
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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.
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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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