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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1008 By: West (Rick) of the House
and
Burns of the Senate
COMMITTEE SUBSTITUTE
An Act relating to agriculture; enacting the Oklahoma
Right to Garden Act of 20 23; defining terms;
providing the right to grow vegetables in a vegetable
garden for personal consumption ; providing that a
municipality, city, or town may enact certain
content-neutral ordinances regulating vegetable
gardens; providing for codification; a nd 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, reads as fo llows:
This act shall be known and may be cited as the "Oklahoma Right
to Garden Act of 202 3".
SECTION 2. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 3032 o f Title 2, unless there is
created a duplication in numbering, reads as follows:
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As used in this act:
1. "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; and
2. "Vegetable garden" means a piece of property wholly located
within a person's residential property that is used to grow produce,
flowers, herbs, fungi, or grains for one's own consumption and
enjoyment and not for resale or distribution.
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:
A. It shall be the right of citizens of the State of Oklahoma
to engage in growing their own vegetables in a vegetable garden on
their personal property for personal consumption, subject to
restrictions rationally related to a governmental p urpose.
B. Notwithstanding, this section shall not prohibit any
municipality, city, or town from enacting content -neutral ordinances
or regulations that address the following:
1. Limiting the size and proximity of g ardens to roadways,
structures, or other locations that impact healt h and safety; or
2. The enforcement of constitutional and lawful ordinances
adopted by municipalities that are in conformity with general powers
of municipal governments within this stat e that are of a general
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nature that do not specifically ban gardening , including, but not
limited to, regulations and ordinances relating to water usage
during drought conditions, ferti lizer use, or control of invasive
species.
SECTION 4. This act shall become effective November 1, 2023 .
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE, dated 02/15/2023 - DO
PASS, As Amended and Coauthored.