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.
AB41,1,2
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:
AB41,13Section 1. 66.04075 of the statutes is created to read: AB41,1,4466.04075 Vegetable and flower gardens. (1) In this section: AB41,1,55(a) “Political subdivision” means a city, village, town, or county. AB41,1,76(b) “Vegetable garden” means a plot of ground or elevated soil bed that is 7located on a residential property and in which any of the following are grown: AB41,1,881. Vegetables, herbs, fruits, leafy greens, or other edible plants. AB41,2,223. Pollinator plants. AB41,2,43(2) A political subdivision may not require a permit for or prohibit the 4cultivation of a vegetable garden on property not owned by the political subdivision. AB41,2,65(3) This section does not affect the power of a municipality to do any of the 6following if the regulation does not specifically regulate vegetable gardens: AB41,2,77(a) Enact a zoning ordinance. AB41,2,88(b) Regulate the use of water or fertilizer. AB41,2,109(c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive 10species.
