LRB-0038/1
EVM:skw
2023 - 2024 LEGISLATURE
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.
SB376,1,2
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:
SB376,1
3Section
1. 66.04075 of the statutes is created to read:
SB376,1,4
466.04075 Vegetable and flower gardens. (1) In this section:
SB376,1,55
(a) “Political subdivision” means a city, village, town, or county.
SB376,1,76
(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:
SB376,1,88
1. Vegetables, herbs, fruits, leafy greens, or other edible plants.
SB376,2,1
13. Pollinator plants.
SB376,2,3
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.
SB376,2,5
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:
SB376,2,66
(a) Enact a zoning ordinance.
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(b) Regulate the use of water or fertilizer.
SB376,2,98
(c) Control noxious weeds, as defined under s. 66.0407 (1) (b), or invasive
9species.
