LRB-3866/1
EVM:skw
2023 - 2024 LEGISLATURE
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.
AB379,1,2
1An Act to create 66.04075 of the statutes;
relating to: local regulation of
2vegetable 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:
AB379,1
3Section
1. 66.04075 of the statutes is created to read:
AB379,1,4
466.04075 Vegetable and flower gardens. (1) In this section:
AB379,1,55
(a) “Political subdivision” means a city, village, town, or county.
AB379,1,76
(b) “Vegetable garden” means a plot of ground or elevated soil bed that is located
7on a residential property and in which any of the following are grown:
AB379,1,88
1. Vegetables, herbs, fruits, leafy greens, or other edible plants.
AB379,2,1
13. Pollinator plants.
AB379,2,3
2(2) A political subdivision may not require a permit for or prohibit the
3cultivation of a vegetable garden on property not owned by the political subdivision.
AB379,2,5
4(3) This section does not affect the power of a municipality to do any of the
5following if the regulation does not specifically regulate vegetable gardens:
AB379,2,66
(a) Enact a zoning ordinance.
AB379,2,77
(b) Regulate the use of water or fertilizer.
AB379,2,98
(c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive
9species.
