Backyard gardens illegal


Are Front Yard Vegetable Gardens Really Illegal?

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by Michael O'Connor

Gardening Gardening Tools Lawn Care

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Growing a garden has a lot of benefits that are not only aesthetic or stylistic, they are also mental. Many people find that growing and tending to a garden is a relaxing and psychologically beneficial undertaking. It is especially true if you get to grow food in your garden and can sustain yourself and others with the literal fruits of your labor.  

However, some people worry about whether or not it is illegal to grow their own food. The truth is, there are some regulations that you should think about when you are working on your own garden. Knowing what they are will help your garden be a success and let you grow the kind of food you want for you, your family, and your neighbors.

Table of Contents

Is it Illegal to Grow Your Own Food?Image credits: National Garden Clubs via Creative Commons

In general, it is not illegal to plant a garden for food production. As long as you grow food allowed in your particular state or country, there shouldn’t be any issues with an edible garden. In fact, there are edible community gardens in many different areas of the country, and they have become very popular in recent years. 

The only time it might be illegal to grow your own food is if you are trying to grow something that isn’t native to the area. Sometimes, invasive species of plants can have a detrimental effect on the surrounding organisms like animals and other plants, especially if they are not in season. It is why you are usually not allowed to bring fruits or vegetables into another state when crossing borders. 

When Can You Not Have a Front Yard Vegetable Garden? Image credits: National Garden Clubs via Creative Commons

While it is usually not illegal to have a vegetable garden in your front yard, there may be some zoning laws that you need to follow. Depending on the city ordinance in your municipality, there could be a limit on how tall your plants can be and how lush they can be. It is aesthetic and could also be a safety and zoning code concern.

These safety concerns will usually come from the city you live. Before you plant a garden with tall plants like corn or sunflowers, make sure you check with your local government. Your HOA, if you have one, also may take issue with the aesthetics of the garden, so it is a good idea to clear it with them.

What Are the Rules for Front Yard Vegetable Gardens? Image credits: J. Tewell via Creative Commons

Front yards are visible from the street, which means they usually have to follow the same rules as city properties. Plants taller than 12 inches can potentially block visual access to roads and cause traffic hazards. It is especially true if you live in a corner and could create a blind turn.

Food gardens are usually regulated by how they look. As long as you keep your front yard garden pruned and looking nice, your HOA shouldn’t have any issue with it. It is only when it starts to get overgrown or untended that your homeowner’s association might have to take issue with it. However, this doesn’t have anything to do with whether or not you are growing food for personal consumption.

What About Backyards? Image Credits: Jonathan Hanna on Unsplash

For the most part, you can grow any food you want in your backyard. As it stands with most HOAs, as long as your garden isn’t blocking any visual access, there shouldn’t be a problem. As long as you try to keep your garden height below your fence line, there is no reason for them to take any issue with it.

The only people you might have to worry about are your neighbors. If your neighbors have a problem with how your backyard garden looks, they might complain. However, some fresh fruit or vegetables that you have grown yourself might be able to convince them to let bygones be bygones.

Grow Your Own Food Whenever Possible 

While there have been stories about gardens for human consumption being disallowed in certain parts of the country, these are usually highly individual cases. They are also more about the height of the plants being against the city code than the fact that someone was growing food. For the most part, you shouldn’t have any problems planting a vegetable garden in your front yard.

Cultivation of food plants is not only legal, but it is also incredibly rewarding and good for the environment. Sustainable food is the way of the future, and gaining the necessary skills is always a good idea.

Do you have a front yard vegetable garden that you love? Let us know about it in the comment section below!

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Is it illegal to grow your own food? An attorney explains

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(Image credit: Future/Mark Bolton)

It is easy to see the appeal behind growing your own food but is it illegal? Homegrown produce undeniably tastes better than veg from the store – but the process does come with legalities – depending on your location. 

So, before experimenting with backyard farming or even vegetable garden ideas, you may need to double-check the rules around growing vegetables and other edibles in your state – or even your city. Here, seasoned attorneys share what you need to know about seeding.   

(Image credit: Future / Mathia Coco)

Is it legal to grow food and vegetables in the US?

'The most important place to start is with the recognition that by and large, one will find different laws depending upon which State (and local municipality) one lives in,' explains S.Z. Cohn, Esq, a partner of Cohn Legal in New York. 

'Indeed, while the sale of food (at least, in a meaningful amount) is governed on the Federal level by the FDA, the mere growing of food and certainly for one's consumption is far more localized,' he explains. Therefore, it's vital to check your local state guidelines before venturing into any large or small vegetable garden ideas. 

According to Abraham, laws surrounding produce cultivation are typically concerned with the type of vegetable you are growing and the location (for example, your front or backyard). They also cover the amount of produce and (in more unusual cases) the extent to which it may interfere with city property. 

'Some of the legal considerations are functional and health-related while others are more cosmetic in nature (for example, does this pumpkin patch take away from the look and feel of the neighborhood),' 

(Image credit: Future/Leigh Clapp)

Do you need permission to grow vegetables?

'As a rule, you don't need any permission to grow vegetables in your garden. However, there may be some exceptions depending on where you live,' emphasizes International Law Attorney Dmitriy Kondratiev . For example, Dmitry explains that in some cities, you may need to get permission from your local council before you can start growing food. This is worth noting if you're working with vegetable garden container ideas in an urban setting. 

'If you're not sure whether or not you need permission, it's always best to check with your local authority,' the attorney adds.

(Image credit: Mark Bolton/Future PLC)

What are the rules around greenhouses?

A greenhouse may seem like a great solution if you're looking for a way to raise young vegetables and sow seeds at an early point of the year. However, Dmitry warns that some greenhouse ideas come with extra precautions. He warns that greenhouses can be counted as an unpermitted temporary structure in some states, so it is better to remind yourself of local rules before investing in the structure.  

What about water consumption? 

Water consumption can be another problem for gardeners, depending (once again) on where you live. 'Water restrictions are in place in certain areas owing to high population density and a scarcity of water resources,' Dmitry explains. 'These are particularly widespread in states with more desert regions, such as Nevada, southern California, Arizona, and New Mexico.' 

(Image credit: Getty Images)

How much food can you grow in your backyard? 

'As long as you grow the fruits and vegetables for personal use, there is no limit to how much food you can grow in your backyard,' Dmitry explains. However, there is a quirk to watch out for. According to the expert, in some states, you are not allowed to sell the produced food without a farmer's permit, so it may be worth enjoying your produce in your home exclusively.

'So, as long as you do not grow the vegetables at an industrial scale and the amount of grown food is adequate for your family size, you should be fine,' Dmitry says. 

Whether you're playing with vegetable garden trellis ideas or you're looking into a new greenhouse, it is always worth checking regulations to ensure you continue with ease – wherever you are. 

Anna Cottrell is Consumer Editor across Future Plc Home titles. She has a background in academic research and is the author of London Writing of the 1930s. She writes about interior design, property, and gardening .On H&G, she specializes in writing about property – buying, selling, renting, mortgages – sustainability and eco issues.

With contributions from

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