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ENGROSSED HOUSE
BILL NO. 1008 By: West (Rick) of the House
and
Burns of the Senate
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:
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
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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 new 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
nature that do not specifically ban gardening , including, but not
limited to, regulations and ordinances relating to water usage
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during drought conditions, ferti lizer use, or control of invasive
species.
SECTION 4. This act shall become effective November 1, 2023 .
Passed the House of Representatives the 13th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate