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Senate
File
494
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SENATE
FILE
494
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SF
161)
(As
Amended
and
Passed
by
the
Senate
March
24,
2025
)
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.
“Marketing”
means
to
offer
for
sale
or
sell,
including
by
12
transfer,
exchange,
or
barter,
conditional
or
otherwise,
in
any
13
manner
by
any
means
whatsoever,
for
consideration.
14
4.
“Residential
garden”
means
any
plot
of
ground
or
elevated
15
soil
bed
located
as
part
of
a
yard
attached
to
a
residential
16
property
where
garden
food
is
produced
and
harvested
primarily
17
for
the
benefit
of
the
individual
who
owns
or
leases
the
18
residential
property
or
the
members
of
the
individual’s
family,
19
household,
or
guests.
20
5.
“Residential
property”
means
real
property
consisting
of
21
not
more
than
two
family
dwelling
units,
at
least
one
of
which
22
is
occupied
as
a
principal
place
of
residence.
23
6.
“State
agency”
means
a
unit
of
state
government,
which
24
is
an
authority,
board,
commission,
committee,
council,
25
department,
or
independent
agency
as
defined
in
section
7E.4,
26
including
but
not
limited
to
each
principal
central
department
27
enumerated
in
section
7E.5.
28
Sec.
3.
NEW
SECTION
.
137H.3
General
principle
——
public
29
policy.
30
1.
As
a
general
principle,
each
individual
has
a
natural,
31
inherent,
and
unalienable
right
to
save
and
exchange
seeds
and
32
the
right
to
grow,
raise,
harvest,
produce,
and
consume
the
33
food
of
the
individual’s
own
choosing
for
the
individual’s
own
34
nourishment,
sustenance,
bodily
health,
and
well-being,
as
long
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as
the
individual
does
not
commit
trespass,
theft,
poaching,
or
1
other
abuse
of
private
property
rights,
public
land,
or
natural
2
resources.
3
2.
As
a
general
principle,
each
individual
has
a
natural,
4
inherent,
and
unalienable
right
to
market
wholesome
garden
food
5
harvested
from
that
individual’s
residential
garden,
so
long
as
6
the
individual
fairly
represents
that
food
to
purchasers.
7
3.
The
public
policy
of
this
state
is
to
recognize
and
8
encourage
the
development
and
expansion
of
the
sustainable
use
9
of
residential
gardens,
including
the
use
of
such
properties
to
10
produce
and
harvest
garden
food.
11
Sec.
4.
NEW
SECTION
.
137H.4
Residential
garden
regulation
12
——
prohibition.
13
A
state
agency
or
local
government
shall
not
adopt
or
14
continue
in
effect
any
regulation,
including
in
the
form
15
of
a
rule,
ordinance,
or
resolution,
that
prohibits
an
16
individual
from
establishing,
maintaining,
or
benefiting
from
a
17
residential
garden
located
on
property
owned
or
leased
by
that
18
individual.
A
regulation
in
violation
of
this
section
is
void
19
and
unenforceable.
20
Sec.
5.
NEW
SECTION
.
137H.5
Residential
garden
regulation
21
——
applicability.
22
Section
137H.4
does
not
apply
to
any
of
the
following:
23
1.
The
use
of
residential
property,
if
the
titleholder
or
24
leaseholder
of
the
residential
property
is
a
state
agency
or
25
local
government.
26
2.
The
use
of
residential
property
governed
by
a
contract
27
entered
into
by
the
titleholder
or
lessee
of
the
residential
28
property
and
a
state
agency
or
local
government.
29
3.
A
regulation
adopted
in
compliance
with
any
of
the
30
following:
31
a.
Chapter
190C.
32
b.
Chapter
199,
200,
200A,
or
206.
33
c.
Chapter
317.
34
4.
A
plant
growing
in
easement,
in
a
ditch,
or
in
a
location
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that
obstructs
traffic,
including
a
view
of
traffic.
1
5.
A
plant
that
invades
onto
a
neighbor’s
property.
2
6.
A
plant
used
to
produce
a
controlled
substance
as
defined
3
in
section
124.101,
a
precursor
substance
as
described
in
4
section
124B.2,
or
cannabis.
5
7.
A
plant
used
to
produce
a
substance
used
for
medical
or
6
psychological
purposes.
7
8.
A
plant
that
is
competitive,
persistent,
or
pernicious,
8
and
that
may
directly
or
indirectly
cause
damage
to
a
crop
or
9
other
useful
plant,
or
that
may
injure
an
animal
or
fish,
that
10
may
obstruct
irrigation
or
drainage,
or
that
poses
a
threat
to
11
the
public
health.
12
9.
A
practice
found
by
a
court
to
be
a
public
or
private
13
nuisance,
or
that
otherwise
interferes
with
another
person’s
14
legal
enjoyment
of
property.
15
10.
A
regulation
that
does
not
target
the
use
of
a
16
residential
garden
or
a
gardening
practice,
even
though
the
17
regulation
may
impact
upon
its
use,
including
but
not
limited
18
to
the
construction
and
use
of
a
structure,
equipment,
setback
19
requirements,
water
use
restrictions,
or
public
safety.
20
Sec.
6.
NEW
SECTION
.
137H.6
Regulation
of
selling
food
21
harvested
from
residential
garden
——
prohibition.
22
A
state
agency
or
local
government
shall
not
adopt
or
23
continue
in
effect
any
regulation,
including
in
the
form
24
of
a
rule,
ordinance,
or
resolution,
that
prohibits
an
25
individual
from
marketing
food
harvested
from
the
individual’s
26
residential
garden
located
on
property
owned
or
leased
by
that
27
individual.
A
regulation
in
violation
of
this
section
is
void
28
and
unenforceable.
29
Sec.
7.
NEW
SECTION
.
137H.7
Selling
food
harvested
from
30
residential
garden
——
applicability.
31
Section
137H.6
does
not
apply
to
any
of
the
following:
32
1.
A
plant
that
is
subject
to
regulation
under
section
33
137H.5.
34
2.
A
public
place
where
food
is
marketed
by
vendors,
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including
a
farmers
market.
1
3.
The
use
of
property
owned
or
leased
by
a
person
other
2
than
the
individual
marketing
the
garden
food.
3
4.
An
act
that
constitutes
a
public
or
private
nuisance,
4
trespass,
or
other
public
offense.
5
5.
The
marketing
of
food
to
children
or
a
person
adjudged
6
incompetent
by
a
court
of
law.
7
6.
Garden
food
that
is
unwholesome
or
presents
a
clear
8
danger
to
the
public
health.
9
7.
Garden
food
that
is
processed
by
altering
its
form
or
10
identity.
11
8.
Garden
food
that
is
falsely
advertised.
12
9.
A
regulation
that
does
not
target
the
marketing
of
food
13
harvested
from
a
residential
garden,
even
though
the
regulation
14
may
impact
upon
such
marketing.
15
Sec.
8.
Section
331.301,
Code
2025,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
27.
A
county
shall
not
adopt
or
continue
in
18
effect
any
regulation,
including
in
the
form
of
an
ordinance
19
or
resolution,
that
prohibits
an
individual
from
establishing,
20
maintaining,
or
benefiting
from
a
residential
garden
as
21
provided
in
chapter
137H.
A
county
shall
not
adopt
or
continue
22
in
effect
any
regulation,
including
in
the
form
of
an
ordinance
23
or
resolution,
that
prohibits
that
individual
from
marketing
24
food
harvested
from
the
individual’s
residential
garden
as
25
provided
in
that
chapter.
26
Sec.
9.
Section
364.3,
Code
2025,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
20.
A
city
shall
not
adopt
or
continue
in
29
effect
any
regulation,
including
in
the
form
of
an
ordinance
30
or
resolution,
that
prohibits
an
individual
from
establishing,
31
maintaining,
or
benefiting
from
a
residential
garden
as
32
provided
in
chapter
137H.
A
city
shall
not
adopt
or
continue
in
33
effect
any
regulation,
including
in
the
form
of
an
ordinance
or
34
resolution,
that
prohibits
that
individual
from
marketing
food
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harvested
from
the
individual’s
residential
garden
as
provided
1
in
that
chapter.
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