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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1008 By: West (Rick)
AS INTRODUCED
An Act relating to agriculture; enacting the Okla homa
Right to Garden Act of 2023 ; defining terms;
providing that county, municipal and other political
subdivisions of the state may not regulate vegetable
gardens on residential properties; providing that
ordinance or regulation that regulates vegetable
gardens is void and unenforceable; providing
exceptions; providing for codificatio n; and providing
an effective date..
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3031 of Title 2, unless there is
created a duplication in numbering, rea ds as follows:
This act shall be known and may be cited as the "Oklahoma Right
to Garden Act of 2023 ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 303 2 of Title 2, unless there is
created a duplication in numbering, rea ds as follows:
As used in this act:
1. "Vegetable garden" means a piece of property wholly located
within a person's residential property that is used to grow produce,
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flowers, herbs, fungi, or grains for one 's own consumption and
enjoyment and not for re sale or distribution; and
2. "Residential property " means real property on which there is
a dwelling unit with accommodations for four or fewer separate
households and is further limited to the primary residence of a
person.
SECTION 3. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 3033 of Title 2, unless there is
created a duplication in numbering, reads as follows:
Except as otherwise provided by law, a county, municipality, or
other political subdivision of this state may not regulate vegetable
gardens on residential properties. Any such local ordinance or
regulation regulating vegetable gardens on residential properties is
void and unenforceable.
This section does not preclude the adoption of a local ordinance
or regulation of a general nature that does not specifically
regulate vegetable gardens, including, but not limited to,
regulations and ordinances relating to water use d uring drought
conditions, fertilizer use, or control of invasive species.
SECTION 4. This act shall become effective November 1, 2023 .
59-1-5211 JL 11/10/22