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AB379,,112023 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.
AB379,,22An Act to create 66.04075 of the statutes; relating to: local regulation of vegetable gardens.
AB379,,33Analysis 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.
AB379,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB379,15Section 1. 66.04075 of the statutes is created to read:
AB379,,6666.04075 Vegetable and flower gardens. (1) In this section:
AB379,,77(a) “Political subdivision” means a city, village, town, or county.
AB379,,88(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:
AB379,,991. Vegetables, herbs, fruits, leafy greens, or other edible plants.
AB379,,10102. Flowers.
AB379,,11113. Pollinator plants.
AB379,,1212(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.
AB379,,1313(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:
AB379,,1414(a) Enact a zoning ordinance.
AB379,,1515(b) Regulate the use of water or fertilizer.
AB379,,1616(c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive species.
AB379,,1717(end)
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