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Senate
File
161
-
Introduced
SENATE
FILE
161
BY
WESTRICH
A
BILL
FOR
An
Act
prohibiting
the
regulation
of
certain
residential
1
gardens
by
state
agencies
and
local
governments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
137H.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Freedom
2
to
Garden
Act”
.
3
Sec.
2.
NEW
SECTION
.
137H.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Garden
food”
means
vegetables,
herbs,
fruits,
flowers,
7
pollinator
plants,
leafy
greens,
and
other
edible
plants.
8
2.
“Local
government”
includes
but
is
not
limited
to
a
9
county,
special
district,
township,
or
city
as
provided
in
10
Title
IX.
11
3.
“Residential
garden”
means
any
plot
of
ground
or
elevated
12
soil
bed
located
as
part
of
a
yard
attached
to
a
residential
13
property
where
garden
food
is
produced
and
harvested
primarily
14
for
the
benefit
of
the
individual
who
owns
or
leases
the
15
residential
property
or
the
members
of
the
individual’s
family,
16
household,
or
guests.
17
4.
“Residential
property”
means
real
property
consisting
of
18
not
more
than
two
family
dwelling
units,
at
least
one
of
which
19
is
occupied
as
a
principal
place
of
residence.
20
5.
“Sale”
means
any
transfer,
exchange,
or
barter,
21
conditional
or
otherwise,
in
any
manner
or
by
any
means
22
whatsoever,
for
consideration,
including
but
not
limited
to
any
23
such
transfer,
exchange,
or
barter
on
a
subscription
basis.
24
6.
“State
agency”
means
a
unit
of
state
government,
which
25
is
an
authority,
board,
commission,
committee,
council,
26
department,
or
independent
agency
as
defined
in
section
7E.4,
27
including
but
not
limited
to
each
principal
central
department
28
enumerated
in
section
7E.5.
29
Sec.
3.
NEW
SECTION
.
137H.3
General
principle
——
public
30
policy.
31
1.
As
a
general
principle,
each
individual
has
a
natural,
32
inherent,
and
unalienable
right
to
save
and
exchange
seeds
and
33
the
right
to
grow,
raise,
harvest,
produce,
and
consume
the
34
food
of
the
individual’s
own
choosing
for
the
individual’s
own
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nourishment,
sustenance,
bodily
health,
and
well-being,
as
long
1
as
the
individual
does
not
commit
trespass,
theft,
poaching,
or
2
other
abuse
of
private
property
rights,
public
land,
or
natural
3
resources.
4
2.
The
public
policy
of
this
state
is
to
recognize
and
5
encourage
the
development
and
expansion
of
the
sustainable
use
6
of
residential
gardens,
including
the
use
of
such
properties
to
7
produce
and
harvest
garden
food.
8
Sec.
4.
NEW
SECTION
.
137H.4
Residential
garden
regulation
9
——
prohibition.
10
A
state
agency
or
local
government
shall
not
adopt
or
11
continue
in
effect
any
regulation,
including
in
the
form
12
of
a
rule,
ordinance,
or
resolution,
that
prohibits
an
13
individual
from
establishing,
maintaining,
or
benefiting
from
14
a
residential
garden
located
on
residential
property
owned
or
15
leased
by
that
individual.
A
regulation
in
violation
of
this
16
section
is
void
and
unenforceable.
17
Sec.
5.
NEW
SECTION
.
137H.5
Applicability.
18
This
chapter
does
not
apply
to
any
of
the
following:
19
1.
The
use
of
residential
property,
if
the
titleholder
or
20
leaseholder
of
the
residential
property
is
a
state
agency
or
21
local
government.
22
2.
The
use
of
residential
property
governed
by
a
contract
23
entered
into
by
the
titleholder
or
lessee
of
the
residential
24
property
and
a
state
agency
or
local
government.
25
3.
Garden
food
produced
for
purposes
of
sale.
26
4.
A
regulation
adopted
in
compliance
with
any
of
the
27
following:
28
a.
Chapter
190C.
29
b.
Chapter
199,
200,
200A,
or
206.
30
c.
Chapter
317.
31
5.
A
plant
growing
in
easement,
in
a
ditch,
or
in
a
location
32
that
obstructs
traffic,
including
a
view
of
traffic.
33
6.
A
plant
that
invades
onto
a
neighbor’s
property.
34
7.
A
plant
used
to
produce
a
controlled
substance
as
defined
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in
section
124.101,
a
precursor
substance
as
described
in
1
section
124B.2,
or
cannabis.
2
8.
A
plant
used
to
produce
a
substance
used
for
medical
or
3
psychological
purposes.
4
9.
A
plant
that
is
competitive,
persistent,
or
pernicious,
5
and
that
may
directly
or
indirectly
cause
damage
to
a
crop
or
6
other
useful
plant,
or
that
may
injure
an
animal
or
fish,
that
7
may
obstruct
irrigation
or
drainage,
or
that
poses
a
threat
to
8
the
public
health.
9
10.
A
practice
found
by
a
court
to
be
a
public
or
private
10
nuisance,
or
that
otherwise
interferes
with
another
person’s
11
legal
enjoyment
of
property.
12
11.
A
regulation
that
does
not
target
the
use
of
a
13
residential
garden
or
a
gardening
practice,
even
though
the
14
regulation
may
impact
upon
its
use,
including
but
not
limited
15
to
the
construction
and
use
of
a
structure,
equipment,
setback
16
requirements,
water
use
restrictions,
or
public
safety.
17
Sec.
6.
Section
331.301,
Code
2025,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
27.
A
county
shall
not
adopt
or
continue
in
20
effect
any
regulation,
including
in
the
form
of
an
ordinance
21
or
resolution,
that
prohibits
an
individual
from
establishing,
22
maintaining,
or
benefiting
from
a
residential
garden
as
23
provided
in
chapter
137H.
24
Sec.
7.
Section
364.3,
Code
2025,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
20.
A
city
shall
not
adopt
or
continue
in
27
effect
any
regulation,
including
in
the
form
of
an
ordinance
28
or
resolution,
that
prohibits
an
individual
from
establishing,
29
maintaining,
or
benefiting
from
a
residential
garden
as
30
provided
in
chapter
137H.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
GENERAL.
This
bill
prohibits
a
state
agency
or
local
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161
government
from
adopting
or
continuing
in
effect
any
regulation
1
that
prohibits
an
individual
from
establishing,
maintaining,
2
or
benefiting
from
a
residential
garden
located
on
residential
3
property
owned
or
leased
by
that
individual.
Any
such
4
regulation
is
void
and
unenforceable.
Under
the
bill,
5
“residential
property”
includes
real
property
consisting
of
not
6
more
than
two
family
dwelling
units.
7
RESTRICTIONS.
In
order
to
be
protected
from
regulation,
a
8
residential
garden
must
meet
certain
requirements.
The
garden
9
must
be
used
to
produce
vegetables,
herbs,
fruits,
flowers,
10
pollinator
plants,
leafy
greens,
and
other
edible
plants
and
11
must
be
part
of
a
yard
attached
to
an
occupied
residential
12
property.
The
garden
food
must
be
produced
and
harvested
13
primarily
for
the
benefit
of
the
individual
who
owns
or
leases
14
the
residential
property
or
the
members
of
the
individual’s
15
family,
household,
or
guests.
16
APPLICABILITY.
The
protection
from
regulation
does
not
17
apply
in
a
number
of
circumstances
including
to
the
use
of
18
residential
property
if
the
state
agency
or
local
government
19
is
a
titleholder
or
leaseholder,
or
if
the
management
of
the
20
residential
property
is
governed
under
a
contract
with
the
21
state
agency
or
local
government.
The
protection
does
not
22
apply
if
the
garden
food
is
produced
for
purposes
of
sale.
The
23
protection
does
not
apply
to
a
number
of
state
regulations
in
24
effect
that
govern
organic
food
production,
including
a
number
25
of
regulations
administered
and
enforced
by
the
department
of
26
agriculture
and
land
stewardship
relating
to
seeds,
fertilizers
27
and
soil
conditioners,
or
pesticides
(although
certain
local
28
government
preemption
statutes
exist
for
these
items),
or
to
29
the
control
of
noxious
weeds.
The
protection
does
not
apply
to
30
a
plant
that
is
growing
in
an
easement
or
ditch,
that
obstructs
31
traffic,
or
that
invades
neighboring
property.
Finally,
32
the
protection
does
not
apply
to
a
number
of
plant
species,
33
including
a
plant
used
to
produce
a
controlled
substance
or
34
used
to
produce
a
medical
or
psychological
substance;
to
a
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plant
that
may
cause
damage
to
another
plant
or
an
animal,
or
1
that
obstructs
water
flow
or
poses
a
public
health
threat;
to
2
a
practice
that
constitutes
a
public
or
private
nuisance;
or
3
to
a
regulation
that
does
not
target
the
use
of
a
residential
4
garden,
even
though
the
regulation
may
impact
upon
the
garden’s
5
use.
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