Bills › 91st General Assembly
Prohibiting the regulation of certain residential gardens by state agencies and local governments
Sponsored by Sen. Cherielynn Westrich (R)
Topics:Cities & counties
Same legislation: SF 494
Where it is now
- Done: IntroducedJanuary 29, 2025
- Done: SubcommitteeFebruary 3, 2025
- Done: Senate committeeMarch 4, 2025
- Done: Passes the SenateMarch 24, 202549–0
- Next: House committeeFunnel: by March 20, 2026
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 494 → Its progress continues under the new number. Go to SF 494 What’s a funnel?
What’s in it
GENERAL. This bill prohibits a state agency or local government from adopting or continuing in effect any regulation that prohibits an individual from establishing, maintaining, or benefiting from a residential garden located on residential property owned or leased by that individual. Any such regulation is void and unenforceable. Under the bill, “residential property” includes real property consisting of not more than two family dwelling units. RESTRICTIONS. In order to be protected from regulation, a residential garden must meet certain requirements.
Read the full explanation
The garden must be used to produce vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, and other edible plants and must be part of a yard attached to an occupied residential property. The garden food must be produced and harvested primarily for the benefit of the individual who owns or leases the residential property or the members of the individual’s family, household, or guests. APPLICABILITY. The protection from regulation does not apply in a number of circumstances including to the use of residential property if the state agency or local government is a titleholder or leaseholder, or if the management of the residential property is governed under a contract with the state agency or local government. The protection does not apply if the garden food is produced for purposes of sale. The protection does not apply to a number of state regulations in effect that govern organic food production, including a number of regulations administered and enforced by the department of agriculture and land stewardship relating to seeds, fertilizers and soil conditioners, or pesticides (although certain local government preemption statutes exist for these items), or to the control of noxious weeds. The protection does not apply to a plant that is growing in an easement or ditch, that obstructs traffic, or that invades neighboring property. Finally, the protection does not apply to a number of plant species, including a plant used to produce a controlled substance or used to produce a medical or psychological substance; to a plant that may cause damage to another plant or an animal, or that obstructs water flow or poses a public health threat; to a practice that constitutes a public or private nuisance; or to a regulation that does not target the use of a residential garden, even though the regulation may impact upon the garden’s use.
From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Changed since by amendment S-3043; see Amendments. Full bill text
Senate subcommittee
Named February 3, 2025. On February 19, 2025 it recommended passage.
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Iowa Code it changes
Creates§137H.1§137H.2§137H.3§137H.4§137H.5
Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works
Lobbying
0 for · 0 against · 23 undecided · Who →
Family tree
Where this legislation came from and where it went: earlier tries, the versions it moved through this Assembly, and later bills built on it.
91st General Assembly
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