SF 161 (LSB 1097XS (4) 91)

SENATE FILE 161

BY  WESTRICH

A BILL FOR

An Act prohibiting the regulation of certain residential gardens by state agencies and local governments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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