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12023 SENATE BILL 376
August 9, 2023 - Introduced by Senators Jacque, Cabral-Guevara, Knodl and Tomczyk, cosponsored by Representatives Sortwell, Goeben, Bodden, Brandtjen, Myers, Schutt and Wichgers. Referred to Committee on Transportation and Local Government.
2An Act to create 66.04075 of the statutes; relating to: local regulation of vegetable gardens.
3Analysis 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.
4The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
5Section 1. 66.04075 of the statutes is created to read:
666.04075 Vegetable and flower gardens. (1) In this section:
7(a) “Political subdivision” means a city, village, town, or county.
8(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:
91. Vegetables, herbs, fruits, leafy greens, or other edible plants.
102. Flowers.
113. Pollinator plants.
12(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.
13(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:
14(a) Enact a zoning ordinance.
15(b) Regulate the use of water or fertilizer.
16(c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive species.
17(end)
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