2023 - 2024 LEGISLATURE
LRB-0038/1
EVM:skw
2023 SENATE BILL 376
August 9, 2023 - Introduced by Senators JACQUE, CABRAL-GUEVARA, KNODL and
TOMCZYK, cosponsored by Representatives SORTWELL, GOEBEN, BODDEN,
BRANDTJEN, MYERS, SCHUTT and WICHGERS. Referred to Committee on
Transportation and Local Government.
1 AN ACT to create 66.04075 of the statutes; relating to: local regulation of
2 vegetable gardens.
Analysis by the Legislative Reference Bureau
This bill prohibits a political subdivision from requiring a permit for or
prohibiting the cultivation of a vegetable or flower garden on residential property not
owned by the political subdivision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
3 SECTION 1. 66.04075 of the statutes is created to read:
4 66.04075 Vegetable and flower gardens. (1) In this section:
5 (a) “Political subdivision” means a city, village, town, or county.
6 (b) “Vegetable garden” means a plot of ground or elevated soil bed that is located
7 on a residential property and in which any of the following are grown:
8 1. Vegetables, herbs, fruits, leafy greens, or other edible plants.
9 2. Flowers.
 2023 - 2024 Legislature -2- LRB-0038/1
EVM:skw
SENATE BILL 376 SECTION 1
1 3. Pollinator plants.
2 (2) A political subdivision may not require a permit for or prohibit the
3 cultivation of a vegetable garden on property not owned by the political subdivision.
4 (3) This section does not affect the power of a municipality to do any of the
5 following if the regulation does not specifically regulate vegetable gardens:
6 (a) Enact a zoning ordinance.
7 (b) Regulate the use of water or fertilizer.
8 (c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive
9 species.
10 (END)