LRB-3866/1
EVM:skw
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 379
August 11, 2023 - Introduced by Representatives SORTWELL, GOEBEN, BODDEN,
BRANDTJEN, MYERS, SCHUTT and WICHGERS, cosponsored by Senators JACQUE,
CABRAL-GUEVARA, KNODL and TOMCZYK. Referred to Committee on Local
Government.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 66.04075 of the statutes; relating to: local regulation of
vegetable gardens.
Analysis by the Legislative Reference Bureau
This bill prohibits a political subdivision from requiring a permit for or
prohibiting the cultivation of a vegetable or flower garden on residential property not
owned by the political subdivision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.04075 of the statutes is created to read:
66.04075 Vegetable and flower gardens. (1) In this section:
(a) “Political subdivision” means a city, village, town, or county.
(b) “Vegetable garden” means a plot of ground or elevated soil bed that is located
on a residential property and in which any of the following are grown:
1. Vegetables, herbs, fruits, leafy greens, or other edible plants.
2. Flowers.
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9 - 2 -2023 - 2024 Legislature LRB-3866/1
EVM:skw
SECTION 1 ASSEMBLY BILL 379
3. Pollinator plants.
(2) A political subdivision may not require a permit for or prohibit the
cultivation of a vegetable garden on property not owned by the political subdivision.
(3) This section does not affect the power of a municipality to do any of the
following if the regulation does not specifically regulate vegetable gardens:
(a) Enact a zoning ordinance.
(b) Regulate the use of water or fertilizer.
(c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive
species.
(END)
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