Senate File 494 - Reprinted 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 SF 494 (2) 91 da/ns/mb
S.F. 494 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 individuals 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 individuals own choosing for the individuals own 34 nourishment, sustenance, bodily health, and well-being, as long 35 -1- SF 494 (2) 91 da/ns/mb 1/ 5
S.F. 494 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 individuals 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 35 -2- SF 494 (2) 91 da/ns/mb 2/ 5
S.F. 494 that obstructs traffic, including a view of traffic. 1 5. A plant that invades onto a neighbors 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 persons 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 individuals 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, 35 -3- SF 494 (2) 91 da/ns/mb 3/ 5
S.F. 494 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 individuals 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 35 -4- SF 494 (2) 91 da/ns/mb 4/ 5
S.F. 494 harvested from the individuals residential garden as provided 1 in that chapter. 2 -5- SF 494 (2) 91 da/ns/mb 5/ 5