USA: Only Two States Have Passed ‘Right to Garden’ Laws. Will Others Follow?
In recent years, Illinois and Florida have passed legislation protecting citizens’ right to garden on their property. A movement is underway to pass more laws around the country.
By Katherine Kornei
Cicil Eats
August 20, 2022
Excerpt:
The Institute for Justice helped craft what came to be known as the Illinois Vegetable Garden Protection Act. After passing by an overwhelming margin in both the Illinois House and Senate, it was signed into law by Governor J.B. Pritzker in July 2021. The Act stipulates that: “[A]ny person may cultivate vegetable gardens on their own property, or on the private property of another with the permission of the owner, in any county, municipality, or other political subdivision of this state.”
It was thrilling to see this legislation finally on the books, Virgil said. Unfortunately, her battles weren’t over: According to the new Act, state and local organizations still retained jurisdiction over setbacks, water use, structures, and so on. And the city of Elmhurst wasted no time exploiting that fact, she said.
Last summer, Elmhurst attempted to limit so-called “seasonal membrane structures”—including shade cloths, tents, and hoop houses—to no more than 120 square feet. “You could only do a doll house-sized hoop house,” said Virgil.
But Virgil was ready with her cadre of supporters. Literally overnight, she mobilized more than a hundred people to send emails to the Elmhurst city council requesting that seasonal membrane structures be allowed up to 400 square feet. That motion passed just a few months ago, and the Virgils are currently sourcing the materials for their long-awaited hoop house. “We’ll have a hoop house-raising party this October,” said Virgil.
