Vegetable Gardens (Oppose – Preemption)

Vegetable Gardens (Oppose – Preemption)

SB 82 (Bradley) and HB 145 (Fetterhoff) preempt any local ordinance or regulation of vegetable gardens on residential property. Some cities have adopted ordinances that regulate the size or use of vegetable gardens in the front yard of homes. While local governments would be preempted from prohibiting vegetable gardens, the bills allow for local ordinances to regulate the use of water during droughts, fertilizer use or invasive species control. The bill was filed in response to a recent appellate court decision that upheld the local regulation of vegetable gardens on residential property. The bills would not apply to homeowners association regulations or deed-restricted communities. (Cruz)