Bill Text: IL SB0170 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2021-06-02 - Rule 19(a) / Re-referred to Rules Committee [SB0170 Detail]
Download: Illinois-2021-SB0170-Engrossed.html
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1 | AN ACT concerning vegetable garden protection.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Garden | ||||||
5 | Act.
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6 | Section 5. Purpose. The Act's purpose is to encourage and | ||||||
7 | protect the sustainable cultivation of fresh produce at all | ||||||
8 | levels of production, including on residential property for | ||||||
9 | personal consumption or non-commercial sharing.
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10 | Section 10. Vegetable garden defined. As used in this Act, | ||||||
11 | the term "vegetable garden" means any plot of ground or | ||||||
12 | elevated soil bed on residential property where vegetables, | ||||||
13 | herbs, fruits, flowers, pollinator plants, leafy greens, or | ||||||
14 | other edible plants are cultivated.
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15 | Section 15. Right to cultivate vegetable gardens. | ||||||
16 | Notwithstanding any other law, any person may cultivate | ||||||
17 | vegetable gardens on their own property, or on the private | ||||||
18 | property of another with the permission of the owner, in any | ||||||
19 | county, municipality, or other political subdivision of this | ||||||
20 | State.
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1 | Section 20. Home rule. A home rule unit may not regulate | ||||||
2 | gardens in a manner inconsistent with this Act. This Section | ||||||
3 | is a limitation under subsection (i) of Section 6 of Article | ||||||
4 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
5 | home rule units of powers and functions exercised by the | ||||||
6 | State.
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7 | Section 25. State and local regulation still permitted. | ||||||
8 | Section 20 of this Act notwithstanding, this Act does not | ||||||
9 | preclude the adoption of a regulation or local ordinance of | ||||||
10 | general nature that does not specifically regulate vegetable | ||||||
11 | gardens, including, but not limited to, regulations and | ||||||
12 | ordinances relating to height, setback, water use, fertilizer | ||||||
13 | use, or control of invasive or unlawful species, provided that | ||||||
14 | any such regulation or ordinance does not have the effect of | ||||||
15 | precluding vegetable gardens.
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