Senate File 2014 - Introduced SENATE FILE 2014 BY WHITING A BILL FOR An Act relating to county and city regulation of vegetable 1 gardens. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5112XS (2) 88 js/ns
S.F. 2014 Section 1. Section 331.301, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 18. a. Except as otherwise provided 3 by law, a county shall not adopt an ordinance or other 4 regulation specifically regulating vegetable gardens located 5 on residential property. Except as provided in paragraph 6 “b” , a county ordinance or other regulation regulating 7 vegetable gardens located on residential property is void and 8 unenforceable. 9 b. Paragraph “a” does not apply to the adoption or 10 enforcement of an ordinance or other regulation of a general 11 nature that does not specifically regulate vegetable gardens, 12 including but not limited to ordinances or regulations relating 13 to water use during drought conditions, fertilizer use, or 14 control of invasive species. 15 c. As used in this subsection, “vegetable garden” means a 16 plot of ground where herbs, fruits, flowers, or vegetables are 17 cultivated for human consumption. 18 Sec. 2. Section 364.3, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 13. a. Except as otherwise provided by 21 law, a city shall not adopt an ordinance or other regulation 22 specifically regulating vegetable gardens located on 23 residential property. Except as provided in paragraph “b” , a 24 city ordinance or other regulation regulating vegetable gardens 25 located on residential property is void and unenforceable. 26 b. Paragraph “a” does not apply to the adoption or 27 enforcement of an ordinance or other regulation of a general 28 nature that does not specifically regulate vegetable gardens, 29 including but not limited to ordinances or regulations relating 30 to water use during drought conditions, fertilizer use, or 31 control of invasive species. 32 c. As used in this subsection, “vegetable garden” means a 33 plot of ground where herbs, fruits, flowers, or vegetables are 34 cultivated for human consumption. 35 -1- LSB 5112XS (2) 88 js/ns 1/ 2
S.F. 2014 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to county and city regulation of vegetable 4 gardens. Under the bill, a county or city shall not adopt an 5 ordinance or other regulation specifically regulating vegetable 6 gardens located on residential property. Any such ordinance 7 or regulation is void and unenforceable. However, a county 8 or city may adopt and enforce an ordinance or regulation of a 9 general nature that does not specifically regulate vegetable 10 gardens, such as an ordinance relating to water use during 11 drought conditions, fertilizer use, or control of invasive 12 species. The bill defines “vegetable garden” as a plot 13 of ground where herbs, fruits, flowers, or vegetables are 14 cultivated for human consumption. 15 -2- LSB 5112XS (2) 88 js/ns 2/ 2