BILL NUMBER: S9928
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing the "garden protection act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To encourage and protect the sustainable cultivations of fresh produce
at all levels of production, including on a residential property for
personal consumption or non-commercial sharing.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill adds two subdivisions to define "home vegetable
garden" and "native plant garden."
Section 2 of the bill establishes a person's right to cultivate a home
vegetable garden, native plant garden, and/or pollinator garden on their
own property or on the private property of another with permission of
the property owner.
 
JUSTIFICATION:
This bill will protect the right of New Yorkers to cultivate vegetable,
native plant, and pollinator gardens, which provide crucial environ-
mental and personal benefits. In several instances across the state,
individuals have faced enforcement actions for growing gardens that
exceed vague height restrictions, despite these spaces serving critical
ecological functions.
Vegetable gardens empower people to grow their own food, addressing food
security and self-sufficiency. In urban and suburban areas, these
gardens help fill gaps where access to fresh, affordable produce is
limited. The right to grow food should not be hindered by vague regu-
lations that fail to recognize the necessity of food sovereignty in
modern times.
Similarly, native plant gardens help protect biodiversity by fostering
habitats for local wildlife, preventing soil degradation, and resisting
invasive species. These gardens have been mistakenly targeted by local
authorities who view them merely as unkempt properties, ignoring their
environmental importance. Native plants are vital to the natural ecosys-
tem, and their protection is key to preserving the health of the land
itself.
Pollinator gardens, in particular, are vital to maintaining New York's
ecosystem. Bees, butterflies, and other pollinators are essential for
the health of plants, crops, and the broader environment. Yet, some
communities continue to penalize residents for creating pollinator
gardens, citing concerns about overgrown vegetation, often driven by
aesthetic preferences rather than genuine environmental or public health
concerns. Pollinators cannot survive solely on imported landscape
plants, which lack the sustainability that native species provide.
This bill would protect these essential types of gardens from arbitrary
enforcement while maintaining reasonable limits to ensure public health
and safety. It is critical that local laws adapt to modern environmental
challenges and recognize the benefits these gardens provide, from reduc-
ing urban heat to supporting local ecosystems. By safeguarding the
right to cultivate vegetable, native plant, and pollinator gardens, New
York will take a step toward securing environmental stewardship, food
security, and biodiversity across the state.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S9928: 31-g agriculture and markets law