2025 - 2026 LEGISLATURE
LRB-0329/1
EVM:cdc
2025 ASSEMBLY BILL 41
February 17, 2025 - Introduced by Representatives SORTWELL, ARMSTRONG,
BEHNKE, DITTRICH, KREIBICH, GOEBEN, MIRESSE, STROUD and WICHGERS,
cosponsored by Senator JACQUE. 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) XPolitical subdivisionY means a city, village, town, or county.
(b) XVegetable gardenY 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.
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8 2025 - 2026 Legislature
ASSEMBLY BILL 41
- 2 - LRB-0329/1
EVM:cdc
SECTION 1
2. Flowers.
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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