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 TLSB 1097XS (4) 91 da/ns

S.F. 161 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 35 -1- LSB 1097XS (4) 91 da/ns 1/ 5

S.F. 161 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 35 -2- LSB 1097XS (4) 91 da/ns 2/ 5

S.F. 161 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 35 -3- LSB 1097XS (4) 91 da/ns 3/ 5

S.F. 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 35 -4- LSB 1097XS (4) 91 da/ns 4/ 5

S.F. 161 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. 6 -5- LSB 1097XS (4) 91 da/ns 5/ 5