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Where is gardening illegal


Only Two States Have Passed ‘Right to Garden’ Laws. Will Others Follow?

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Carrots, baby kale, and spinach never tasted so sweet. After emerging from a multi-year legal battle over gardening, Nicole Virgil is looking forward to cultivating those vegetables and more this winter in her backyard. Growing one’s own food, central to human existence for millennia, has suddenly become a hot-button topic in some communities.

From Michigan to Massachusetts, people have been thwarted—or even outright banned—from growing food on their own property. But thanks to the concerted efforts of people like Virgil and their legal allies, “right to garden” laws are slowly gaining traction. Such legislation remains scarce at the state level, however—only Illinois and Florida have laws on the books, although Maine recently updated its constitution with a “right to food” amendment.

Charged with Gardening

In the spring of 2011, Julie Bass installed several raised beds in the front yard of her suburban property in Oak Park, Michigan. Bass quickly learned that her gardening efforts, intended to teach her kids about growing their own food, had provoked the ire of her city. Bass was cited with a civil misdemeanor for not planting “grass, shrubs, or other suitable live plant material.”

“I was left thinking that they took a pretty broad and unwarranted interpretation of that code,” Bass wrote on a blog she started to document her experience. When Oak Park officials threatened to prosecute Bass with a more serious criminal misdemeanor, which would potentially come with a 93-day jail sentence, she took her story public. (The charges were ultimately dismissed.)

Bass’s experience is unfortunately not unique. City regulations, homeowners’ association guidelines, and other ordinances have often been invoked to force gardeners to remove their plants. The arguments put forth against gardening have been myriad and occasionally baffling: greenhouses reduce property values, raised beds do not conform to the aesthetics of a well-tended yard, and vegetables growing in the ground are unsightly, among others. Such criticisms tend to be rooted in discrimination, said Ari Bargil, an attorney with the Institute for Justice who has represented several gardeners. “These are classist restrictions that are designed to make neighborhoods look a certain way.”

But progress is being made—in both Florida and Illinois so far. That’s hard-won legislation, said Bargil, who was involved in both cases. “Getting reforms like this passed is very, very difficult.”

Jumping Through Hoops

Nicole Virgil is well aware that shepherding a bill through at the state level is a time-consuming and challenging process. She and her husband spent years fighting for their right to garden.

After growing summer crops such as corn and tomatoes for a few years in their backyard in the Chicago suburb of Elmhurst, Illinois, Nicole and Dan Virgil accepted that their gardening efforts had morphed into a year-round obsession. But faced with notoriously windy and frigid winter conditions, the Virgils decided to erect a temporary greenhouse—a hoop house.

The 9-foot-tall structure buffered young plants from the wind and prevented them from getting buried in snow. Without a hoop house, it’d be futile to grow much in winter, said Virgil.

However, a neighbor soon complained. The hoop house was unsightly and its plastic membrane rattled in the wind, they reported in 2015. The Virgils removed the structure at the request of the city, but the idea of giving up on homegrown winter vegetables rubbed them the wrong way. For years, the dispute festered in the community, and city officials held firm despite testimonies from Virgil’s supporters. The city of Elmhurst started to bring lawyers to meetings, said Virgil. “They had lawyers standing behind lawyers over the threat of us growing cold-hardy crops through the winter.”

Elmhurst officials also began circulating photos of the Virgil children selling homegrown vegetables. They were suggesting that we were running an illegal farm business, said Virgil. “It’s the closest thing I’ve seen in real life to that movie ‘Erin Brockovich.’”

In 2018, a friend who owned a nearby garden store connected Virgil with a state senator. That introduction planted a seed of an idea: what about a bill at the state level to protect home gardeners in Illinois? To begin exploring that concept, Virgil started working with organizations including the Illinois Environmental Council, the Citizen Advocacy Center, and Advocates for Urban Agriculture.

But the real breakthrough came, said Virgil, when she joined forces with the Institute for Justice. The public interest law firm, which has a history of working with citizens-turned-gardening activists, provided an enormous outpouring of expertise, knowledge, and support, said Virgil. “It’s a team that I never had before.”

The Institute for Justice helped craft what came to be known as the Illinois Vegetable Garden Protection Act. After passing by an overwhelming margin in both the Illinois House and Senate, it was signed into law by Governor J.B. Pritzker in July 2021. The Act stipulates that: “[A]ny person may cultivate vegetable gardens on their own property, or on the private property of another with the permission of the owner, in any county, municipality, or other political subdivision of this state.”

It was thrilling to see this legislation finally on the books, Virgil said. Unfortunately, her battles weren’t over: According to the new Act, state and local organizations still retained jurisdiction over setbacks, water use, structures, and so on. And the city of Elmhurst wasted no time exploiting that fact, she said. Last summer, Elmhurst attempted to limit so-called “seasonal membrane structures”—including shade cloths, tents, and hoop houses—to no more than 120 square feet. “You could only do a doll house-sized hoop house,” said Virgil.

But Virgil was ready with her cadre of supporters. Literally overnight, she mobilized more than a hundred people to send emails to the Elmhurst city council requesting that seasonal membrane structures be allowed up to 400 square feet. That motion passed just a few months ago, and the Virgils are currently sourcing the materials for their long-awaited hoop house. “We’ll have a hoop house-raising party this October,” said Virgil.

Strategies for Success

Virgil is quick to point out several strategies that likely contributed to her success. First off, rely on connections, she said: The idea of even pursuing a ruling at the state level was set in motion by a friend. That person brokered a connection with a state senator in a neighboring district, who was happy to go to bat against a city’s rules that he viewed as unnecessarily restrictive. “I would never have thought to go to the state if they hadn’t offered an introduction,” said Virgil. “I needed that link in the chain.” And that’s just one example, she said. “There were dozens of people like that.”

Second, look for allies: Based on the countless hours she spent advocating with government officials, Virgil said she soon learned who was on her side. “I knew all the local players,” she said. That included Representative Sonya Harper, who would go on to introduce the Illinois Vegetable Garden Protection Act. For more than 10 years, Harper has run a community garden in Chicago. Gardening strengthens communities and encourages people to talk to their neighbors, said Harper. “It’s much more than just growing food.”

Third, stick with the issue at hand, said Virgil. As the dispute in Elmhurst dragged on over years, several supporters approached Virgil with the question of whether the conflict might be racially motivated. But Virgil, who is Black, never made that claim. “Legally, I couldn’t prove that,” she said. “It’s not productive for me to bring that up.” (As of 2019, only 1.2 percent of Elmhurst residents are African American.)

And last, mobilize supporters but use them sparingly: “I learned not to tap people too often,” Virgil said. My supporters were therefore ready and willing to help me when I really needed it, she said. She credits that mindset with her ability to marshal volunteers to quickly urge the Elmhurst city council to reconsider their hoop-house rules. “When I mobilize them, I mobilize them hard and fast and for a very specific purpose,” said Virgil.

Illinois, Florida, and Beyond?

The Illinois ruling isn’t without precedent. In 2019, Florida passed the Vegetable Gardens bill, which prohibits local governments from banning vegetable gardens on any part of residential properties. That legislation came about after another gardening couple—Hermine Ricketts and Tom Carroll—decided to fight back about being forced to remove the vegetable garden that had graced their front yard for more than 17 years.

Legislation protecting citizens’ right to garden has been proposed in other states as well. Earlier this year, Rick West of the Oklahoma House of Representatives introduced the Oklahoma Right to Garden Act of 2022. West, who lives on a ranch in eastern Oklahoma and tends a garden, believes that everyone should have the right to grow their own food. It’s a simple way to thwart the government from overreaching, West said. “If they can control food, then they can control the people.” The legislation that West proposed recently passed in the Oklahoma House but failed in the Senate. West is determined to keep trying. “I’m going to run it again,” he said.

And officials in Maine recently added a “right to food” amendment to their state’s constitution. That legislation, which was overwhelmingly approved by the state’s House and Senate and then by voters last November, safeguards people’s right to grow and consume their own food. Interestingly, it was proposed by an unlikely alliance: Representative Billy Bob Faulkingham, a Republican, joined forces with Senator Craig Hickman, a Democrat who runs an organic farm. “Food is life, and if you have a right to life, we have a right to food,” Hickman recently told the Global Solidarity Alliance for Food, Health and Social Justice. “I can’t imagine a more non-partisan issue than that.”

Katherine Kornei is a science journalist whose work has appeared in Science, Scientific American, and The New York Times. Read more >

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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.

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It is illegal to have vegetable gardens in the USA. For this they go to jail. – Immigrant today

Hello everyone, Shushanik is with you - the author of the USAdvice. ru blog everything about the USA, and finally I got to make new videos. As promised last time, I wanted to talk about various myths and facts that viewers write about in the comments, as well as what is really happening in America and how the population lives.

I decided to dedicate a separate video to each myth so that people don't watch a 30-40-60 minute story with all the points. If someone is interested in a particular item, that person can watch it in a few minutes in one video.

I want to say right away that my stories are not aimed at those who want to prove to everyone how bad or good it is in America. My videos are informative and aimed at those who are interested in facts and reliable information, because when I submit it, I try to back it up with some kind of evidence. If you are one of those people, then welcome. And if not, if you are trying to prove to someone how bad or good it is, what unemployment is here, what standard of living is high or low, then you are a little at the wrong address, and my video is not for you.

I'll start first of all with one of the main myths, the meaning of which is that people are imprisoned for having gardens. This myth grew out of the law on farming, which was adopted last year, if I am not mistaken (the plot was filmed on June 18, 2013 - author's note). How this law was adopted, and why it is needed at all, is a separate discussion. But the essence of the law is that in America, without the permission of a certain state organization, it is impossible to grow and sell products, because it must check how these products are grown and in what conditions animals and products are kept. For some reason, the Russian-language media turned it all upside down and began to spread information that allegedly people in America are being imprisoned because they have vegetable gardens.

If you have a garden at home, no one will put you in jail. When I heard statements on this topic, my eyes went wide, because I know and see that Americans are very fond of gardening, for many it is a hobby, and people grow various vegetables, trees, etc. in their backyards. America has huge chain stores dedicated specifically to gardening.

However, if you grow and sell something, then you need to have permission to sell your products on the market or in a store. And the law applies precisely to this moment.

Many people like to quote and cite as an example a published article that a woman in Michigan was arrested because of a vegetable garden. Let's look at this article, find out what all this refers to, and why the woman was arrested at all. And at the same time, this information will emphasize the facts that I talked about in the last video, that the laws in America work for everyone, and if you break them, you will have to pay financially or in some other way.

Here is this article with the screaming title "Oak Park, Michigan Resident Julie Bass Faces 93 Days In Jail For Vegetable Garden” (that is, Oak Park resident Julia Bass received 93 days in jail for a vegetable garden): http://www.huffingtonpost. com/2011/07/08/julie-bass-jail-vegetable- garden_n_893436.html. This article is from 2011, and it says that the woman refused to clean the garden from her lawn, that is, from the part of the territory that is in front of the house. And further information is provided that, according to the laws of the city, all the space in front of the house, on which there is no asphalt, must be planted with either grass, or shrubs, or some suitable plants, and not kitchen gardens.

The woman violated the law of the city, so she was reprimanded, then fined - she did not clean the garden - and after that she had to be arrested. And what options did this woman have:

As an alternative to moving to America, we recommend that you consider immigrating to Canada. It is a calmer country that welcomes new people.

Tariffs and prohibitions: what is the danger of buying dachas and plots SNT0003

A gardening non-profit partnership is an association of plots and their owners for the purpose of cultivating land and gardening (Photo: skyNext\shutterstock)

One of the main advantages of buying a house located in a non-profit gardening partnership (SNT) is the low price. It happens that dachas in SNT cost half as much as a residential building located nearby, but erected on land intended for individual residential construction (IZHS). However, buying a home in SNT has many pitfalls that often scare potential buyers. Among them are underdeveloped infrastructure, high fees for common property, as well as difficulties with registration and documents during the transaction.

Realtors and lawyers told what disadvantages non-profit gardening partnerships actually have and whether they should be feared.

What is SNT

A non-profit gardening partnership is an association of plots and their owners for the purpose of cultivating land and gardening. The activities of the SNT are regulated by the Federal Law No. 66 “On the conduct by citizens of gardening and horticulture for their own needs”. The purpose of land seriously affects the opportunities of its owners. An important difference from other forms of suburban partnerships is that in SNT the land is intended primarily for agricultural work, which means that the construction of buildings on the plots is optional, but most often summer houses and full-fledged houses are erected there.

adv.rbc.ru

Infrastructure problems

Horticultural non-profit partnerships were created in the Soviet era, when land was provided to workers of plants and factories for growing agricultural products and summer outdoor recreation. SNTs were located outside the city limits, and permanent residence on the territory of such partnerships was not usually planned at that time. “As a rule, summer houses and sheds were built on garden plots to store agricultural equipment. The SNT infrastructure did not provide for asphalt roads, shops, clinics, kindergartens and schools,” said Polina Merkeeva, head of the real estate department at the Bugrov and Partners law firm.

In the post-Soviet period, active construction of houses for all-season residence began in garden plots, while the construction of social facilities, roads and driveways with asphalt pavement on the territory of SNT according to building standards established for settlements was not carried out. In this regard, many potential buyers of dachas are afraid to buy houses in non-profit partnerships.

“Today, in SNT, there may be difficulties with the infrastructure that is important for a comfortable life (for example, the lack of grocery stores), as well as road accessibility. In addition, unlike cottage settlements, the owners of plots in SNT must deal with summing up all the necessary communications on their own. Members of the partnership are obliged to collectively solve a wide range of everyday issues, which, unlike SNT, are handled by the management company in the villages, ”concluded Oleg Novosad, director of the suburban real estate department of the Inkom-Nedvizhimost real estate company.

Quite often, the deadlines for commissioning such infrastructure are delayed, people have to live for years without roads and other necessary infrastructure, the expert noted. In practice, according to him, such situations are less and less common, but in each case everything is individual and depends on the place where the SNT is located and on its chairman.

Today in SNT there may be difficulties with the infrastructure important for a comfortable life (Photo: denniro\shutterstock)

See also:

Tariffs and fees

Problems with infrastructure should be solved by the SNT board together with all land owners. Due to the mandatory payments made by members of the partnership to a special account, SNT bears the costs of maintaining property - electricity, water supply, street improvement, repair and maintenance of roads, as well as garbage collection, said Amulex.ru lawyer Andrey Eremin. He stressed that issues related to the maintenance and costs of the common property of the SNT are resolved at general meetings, which must be attended by all owners of cottages in order to control the activities of the board and the chairman of the SNT, to express their opinions and proposals.

Contributions may vary depending on the needs of the partnership. Thus, in order to connect to gas or water supply, it is necessary for all members to develop, and therefore, to reach an agreement, the lawyer emphasized. However, in some cases, according to him, decisions require a majority of votes, which is not always possible due to different views. In addition, SNT members often have disputes and claims about the amount of fees and excessive tariffs.

Garbage, security and a new road: how much does it cost to maintain a dacha

How the board of SNT is organized

High contributions to the maintenance of common property are one of the main reasons for not buying a house in a gardening partnership, experts say. “Citizens are wary of buying land and houses in SNT, as they are afraid of additional costs for the maintenance of common property. All and different views of owners about the objectivity of spending are complicated - some want a playground, others want parking, etc. Buyers are not ready to give up the benefits of civilizations and do not want the extra hassle associated with participating in general meetings of SNT members, so they are afraid to buy there at home," the lawyer said.

Before buying, it is necessary to study the charter of the SNT, the rules for electing governing bodies, information on tariffs and targeted spending of contributions, advises partner at Westside law firm Natalia Vodolagina. She stressed that if you study this in detail before purchasing a dacha, you can avoid unpleasant surprises or even refuse to buy property.

Membership fees, which must be paid by all participants in the partnership, are used, among other things, to pay taxes (Photo: Stanislav Krasilnikov/TASS)

See also: Withdrawal or write-off: what threatens a summer resident for debts on contributions

Construction restrictions

partnerships - only country houses or auxiliary buildings, because the lands of SNT are primarily intended for agricultural work.

“But in fact, the law allows you to build residential buildings within the boundaries of the SNT, as well as live in them all year round. Such houses are subject to the requirements of individual housing construction, that is, the construction of no more than three above-ground floors, the height of such a house should not exceed 20 m, ”said Polina Merkeeva, head of the real estate department at the law firm Bugrov and Partners. She clarified that there are also a number of requirements in general for construction in SNT:

According to the Land Code, there are agricultural plots with permitted use - gardening, on which buildings can be erected, which are later used for living, however, there are no restrictions on construction in any document, explained Anna Pochikaeva, expert of the country real estate department of the Miel office . She clarified that it is impossible to build on lands for gardening, as well as on the category of agricultural land of a peasant farm - buildings can be erected there designed to serve this site (barns, sheds, cowsheds). Here you can build a house for living and start communications, but it cannot be designed as a residential or garden house. It will be designed as a utility room.

“We have a lot of land in the Moscow region, which was originally allocated for various horticultural associations. There are many of them both in the nearest suburbs and in areas more remote from the capital. There are garden houses on them, which can be designed as a garden house or as a residential building. It should be noted that many cottage settlements in the elite areas of the Moscow region are located on agricultural land with permitted use - for gardening, ”said Pochikaeva.

Difficulties for owners arise not because of where the site is located - in SNT or in the city, but in the case when it is located in a zone with special conditions for the use of territories, Merkeeva clarified. According to her, if a gas pipeline or power lines pass near a land plot, it is forbidden to carry out construction, planting, watering, loading and unloading operations, to plant and cut down trees, to prevent the entrance and approach to the supports, and so on.

Thus, before buying a property, you need to decide on the purpose of purchasing:

“Having designated the purpose, it is necessary to determine the category, the type of permitted use of the land - this is where a public cadastral map can help. So, for example, agricultural land can be used for personal subsidiary farming or for gardening. They are always located within the boundaries of settlements and are thus intended for the construction of residential buildings. Local governments are obliged to carry out the necessary communications to such sites and provide access to socially significant objects,” Merkeeva explained.

The law allows the construction of residential buildings within the boundaries of the SNT, as well as living in them all year round. (Photo: Radovan1\shutterstock)

  • How to coordinate the construction of a private house in Moscow. Instruction

    • Difficulties with registration

    You can register in the house located in SNT. “However, for this it is necessary that the house is suitable for year-round use, that is, it is residential. If according to the documents the building is registered as a dacha, then you need to contact the local administration to confirm that the building is residential. After the transfer of the dacha to the housing stock, you can apply to the department of the Ministry of Internal Affairs for registration of a residence permit, ”said Andrey Eremin, lawyer at Amulex.ru. According to him, in order to transfer a plot to IZHS, he must have the main or additional purpose of the land - namely, IZHS, while the land must be located in a settlement and not exceed the area accepted for a particular region.

    It is also possible to register in a house located in the SNT, if it is proved in court that it is the only housing, the Miel expert stressed. She clarified that this practice is quite common today.

    You can register in a house located in SNT if you prove in court that it is the only housing (Photo: Sergey Bobylev/TASS)

    Garden book

    Another pitfall associated with garden non-profit partnerships is the purchase of a plot in SNT using a garden book, which can still be found. Such a book is a document on the issuance of land to a garden partnership. According to it, the municipality allocates to the garden partnership a large piece of land of several tens of hectares, and the members of the partnership distribute the plots among themselves.

    “The right of ownership to a land plot after joining the SNT under such garden books does not arise. Therefore, in order to acquire the right of ownership, it is necessary to check the owner in the Unified State Register, conclude a sale and purchase agreement with him and submit documents for registration of ownership in the USRN,” explained Natalya Vodolagina, partner at Westside law firm.

    Documents for entry into the SNT:

    • certificate of ownership. If it is not formalized, you will need to provide Rosreestr with a technical plan of the house and an extract for land from the USRN. Under the dacha amnesty, property is formalized quite simply;
    • land documents - cadastral passport and plan of the land plot;
    • boundary case for the site. It can be obtained from the BTI;
    • documents according to which real estate was received or acquired - a contract of sale, a donation contract or a certificate of inheritance;
    • extract from the USRN;
    • certificate from SNT on the absence of debts from the owner to the partnership.

    Registration of a site according to all the rules requires time and considerable expenses, the lawyer noted. She explained that today many owners who have inherited a dacha do not want to deal with paperwork and often sell their property in SNT much cheaper.

    “However, future buyers should know that it has become easier to privatize plots in SNT thanks to the dacha amnesty, which is valid until 2031.

    Learn more