Cecily Zamora
While growing your own food is rewarding, it can be illegal in some cities and counties. In the absence of a 'Right to Garden' law, some local governments have banned front-yard vegetable gardens and imposed restrictions on home gardening. For instance, a couple in Miami Shores Village, Florida, were told their long-standing front yard vegetable garden was prohibited according to a new zoning code. In another case, a family in Elmhurst, Illinois, was forced to remove their temporary greenhouse due to a neighbor's complaint. While some states like Illinois, Florida, and Maine have passed 'Right to Garden' laws, legislation protecting citizens' right to garden remains scarce at the state level.
| Characteristics | Values |
|---|---|
| Number of states with 'Right to Garden' laws | 2 (Illinois and Florida) |
| States with 'Right to Food' amendment | 2 (Maine, Oklahoma) |
| Cities with urban farming amendments | San Diego |
| Cities with restrictions on home gardening | Elmhurst, Chicago, Miami Shores Village, Florida, Detroit, Michigan |
| Cities with vague gardening laws | Chicago |
| Cities with complex gardening laws | Chicago |
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What You'll Learn
City laws and ordinances
In Chicago, for example, the city ordinances and building codes are complex and cover many aspects of gardening. Chicago's health and safety laws govern the plants you may grow in your yard, and the city makes money from fining homeowners with wildflowers and prairie gardens that are deemed to be "noxious weeds". Chicago's gardening laws also focus on community gardens and urban farms, which require a business license if the produce is sold.
In other cities, such as San Diego, Urban Farming Amendments have been introduced to enable residents to grow vegetables, keep bees, and raise chickens within city neighborhoods.
Some cities have specific rules about how far a garden needs to be from a sidewalk, and whether certain plants are allowed in front yards. For example, Kansas City, Missouri, lifted a ban on "row crops" in front yards in 2010, and in Toledo, Ohio, a dispute over soil rehabilitation led to the creation of the Urban Agriculture Alliance, which works with the city to establish clear guidelines for gardeners.
Despite these examples of cities making it easier for residents to garden, there are still many stories of urban gardeners being cited for "illegally" growing food in their yards. In one case, a couple in Miami Shores Village, Florida, were told that their front yard vegetable garden was prohibited according to a new zoning code, and they faced fines of $50 per day if they didn't dig up their plants. In another instance, a family in Elmhurst, Illinois, was forced to remove a temporary greenhouse structure from their backyard after a neighbor complained that it was unsightly and made noise in the wind.
The right to garden year-round can be seen as the right to do what you want in your own yard, and some advocates are pushing for state-level "Right to Garden" bills that would override local ordinances. Currently, only Illinois and Florida have "Right to Garden" laws on the books, although other states, such as Maine and Oklahoma, have introduced similar legislation.
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State-level legislation
While some cities have amended their laws to make it easier for residents to grow vegetables, keep bees, and raise chickens, many cities and counties have restrictions that prevent people from gardening at home. In the absence of a "Right to Garden" law, it may be illegal to grow your own food.
At the state level, only Illinois and Florida have "Right to Garden" laws. In Illinois, the Virgil family of Elmhurst, a Chicago suburb, fought for their right to garden after a dispute with their city over a temporary greenhouse, or "hoop house", that they had erected to protect their plants from the harsh winter conditions. The city asked them to remove the structure, but the Virgils stood their ground, and their dispute with the city lasted for years. The Virgils have joined forces with attorney Ari Bargil at the nonprofit Institute for Justice to advocate for a state Right to Garden bill, which would override local ordinances.
Inspired by the story of Hermine Ricketts and Tom Carroll, a Miami Shores Village couple who were told that their front yard vegetable garden was prohibited according to a new zoning code, Florida introduced a bill prohibiting local governments from regulating residential vegetable gardens. However, the bill died in the House in March.
Maine has also updated its constitution with a "right to food" amendment, which safeguards people's right to grow and consume their own food. In Oklahoma, the Oklahoma Right to Garden Act of 2022 passed in the House but failed in the Senate.
While state-level "Right to Garden" legislation remains scarce, some cities have amended their laws to make it easier for residents to grow their own food. For example, San Diego has adopted a series of Urban Farming Amendments, and Kansas City, Missouri, lifted a ban on "row crops" in front yards in 2010.
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Nuisance laws
For example, in the Village of Garden City, New York, there are noise regulations in place to maintain peace and good order. These laws restrict the operation of power gardening and lawn maintenance equipment to specific time frames. Residents are not permitted to operate or allow the operation of loud gardening tools before 8:00 a.m. and after 8:00 p.m. on weekdays, and before 9:00 a.m. and after 8:00 p.m. on weekends. Gas-powered leaf blowers are also prohibited during a specific period, from the Saturday before Memorial Day through Labor Day.
To address these issues, cities like San Diego have adopted Urban Farming Amendments to make it easier for residents to engage in urban farming practices, such as growing vegetables, keeping bees, and raising chickens within city neighborhoods. These amendments aim to strike a balance between the rights of individuals to grow their own food and maintain certain aesthetic and noise standards in communities.
It's important to note that nuisance laws vary across different cities and states, and it is always advisable to refer to the specific laws and regulations in your local area to understand your rights and responsibilities regarding gardening and urban farming activities.
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Health and safety regulations
In terms of specific health and safety regulations, these can vary depending on the locality. Common areas of regulation include fences and hedges, with restrictions on height or bans in certain areas, particularly street-facing yards. Length of grass is also regulated in many areas, with restrictions on grass height and wildflower meadows. Some cities also have regulations on hell strips, the sections of land between the street and the sidewalk, which gardeners are required to maintain.
Compost piles are another area of focus for health and safety regulations, with some cities banning them altogether, while others have specific requirements for their maintenance. In addition, certain types of plants may be prohibited, such as noxious or invasive weeds, and there may be restrictions on keeping farm animals.
The impact of gardening on the local community and property values is also a consideration for health and safety regulations. Gardeners may face opposition if their activities are seen as a form of subsistence farming or if their structures are considered unsightly or noisy. However, proponents of gardening argue that it has physical and psychological benefits for individuals and promotes access to healthy and local food for the community.
To avoid conflicts with health and safety regulations, it is important for gardeners to be aware of the specific laws and ordinances in their locality and to comply with any restrictions. While there are arguments for and against gardening in cities, finding a balance between individual rights and community health and safety is crucial.
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Property rights
The right to grow a garden on one's property is a contentious issue, with only a few states and cities having passed laws that explicitly permit it. In the absence of specific legislation, local zoning laws and homeowners' association guidelines often take precedence, and these can sometimes restrict or prohibit gardening activities.
In Florida, for example, the state Supreme Court has denied property owners the right to grow vegetables on their land, challenging fundamental property rights. This decision contradicts the Vegetable Gardens Bill passed in 2019, which prohibits local governments from banning vegetable gardens on residential properties. Similarly, Illinois and Maine have also passed laws protecting the right to garden.
In some cases, local governments and grassroots initiatives have sponsored community gardens on private property, with rules and regulations in place to govern their use. These gardens may have restrictions on farming methods, water availability, operating hours, maintenance, and security. However, the adoption of ordinances that classify community gardens as permitted or by-right uses can help remove regulatory barriers and promote urban agriculture.
While the right to garden on private property is not universally recognised, there is a growing movement advocating for its legalisation. Proponents argue that gardening increases access to healthy food, conserves energy, lessens stormwater runoff, cools temperatures, and fosters a sense of community. Additionally, the ability to grow one's food can be seen as a fundamental right, allowing individuals to progress from hunter-gatherers to members of a civilised society.
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Frequently asked questions
'Right to Garden' laws are legislation that protects citizens' right to grow their own food.
Only two states, Illinois and Florida, have passed 'Right to Garden' laws. However, Maine has recently updated its constitution with a "right to food" amendment, and similar legislation has been proposed in other states.
Some cities with restrictions on growing gardens include Chicago, Kansas City, Toledo, and Miami Shores Village. These restrictions can vary, such as limiting the types of plants that can be grown, prohibiting front yard vegetable gardens, or restricting structures like greenhouses.
