Food Freedom
Private Property

Vegetable Garden Protection Act

Protecting the Right to Grow Food from Zoning Laws

People have used their property to grow food since the dawn of modern civilization. Americans are no different. Our national identity is rooted in the Jeffersonian ideal of farmers and settlers. While fewer people earn their living as farmers today, many Americans still use their property to grow food. During the COVID-19 pandemic, countless more discovered their property as a potential food source and planted vegetable gardens for the first time. 

But some local regulators consider a vegetable garden to be something else—a banned use. As a result, well-intentioned homeowners can run afoul of complicated zoning ordinances. Some zoning codes explicitly prohibit vegetable gardens, while others regulate what property owners can plant and where they can plant it. The penalties for violating these ordinances can be steep. 

Front-yard vegetable gardens are not an eyesore. Municipal governments should not mimic the enforcement zeal of local homeowners’ associations. Now more than ever, vegetable gardens benefit local communities. Here’s why: 

Promote Food Security & Stability 

When Americans face challenging times, such as food shortages or rising food costs due to inflation, allowing people to grow food on their own property provides a secondary source of healthy food options.  

Protect the Environment 

Transporting produce great distances relies on fossil fuels. Many Americans rely on fresh fruit and vegetables grown thousands of miles away—sometimes even outside the U.S. entirely. On the other hand, a home garden is an easy, immediate source of organic, pesticide-free food. There is no better way to “eat local” than to grow food in your front yard. 

Promote Healthy Living 

There is nothing more wholesome than fresh vegetables and greens. Gardening has also been shown to have physical and psychological benefits. Local governments should encourage citizens to get out of their homes and pursue safe and healthful endeavors like gardening. 

What Can State Legislators Do? 

IJ’s model Vegetable Garden Protection Act does the following: 

  • Prevents explicit prohibitions on vegetable gardens; 
  • Limits burdensome regulations that restrict what property owners may grow; and 
  • Encourages homeowners to experiment with landscapes that blend ornamental and edible items. 

By enacting IJ’s model legislation, state legislators can put guardrails in place to ensure that local governments do not interfere with the right to grow food.