HB1772 creates a new state policy protecting the ability of residents to maintain vegetable gardens on private residential property. The bill defines a “vegetable garden” broadly to include plots or elevated beds where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, and other edible plants are grown. It states legislative intent to encourage sustainable cultivation of vegetables and fruits for personal consumption or noncommercial sharing as an important state interest.
The bill also limits local government authority by prohibiting counties, municipalities, and other political subdivisions from adopting ordinances or regulations that ban vegetable gardens on residential properties. At the same time, it preserves local power to regulate certain garden-related details, such as water use during drought conditions, fertilizer use, invasive species and weed control, and reasonable size and location requirements, including placement in side yards or backyards.
Impact
HB1772 would add a new section to Arkansas Code Title 2, Chapter 1, Subchapter 1, establishing a statewide right to cultivate vegetable gardens on private property with the owner’s permission. It would preempt local ordinances to the extent they prohibit residential vegetable gardens, while still allowing local regulation of operational and siting issues. The bill primarily affects homeowners, tenants with permission, local governments, and municipal or county code enforcement authorities.
Sentiment
The available voting history suggests strong, bipartisan support for the bill, with unanimous third-reading votes in both chambers (90-0 in the House and 34-0 in the Senate). No committee transcript is available, but the lack of recorded opposition and the broad margins indicate the measure was generally viewed favorably and as noncontroversial.
Contention
There is little evidence of substantive opposition in the available record. The main policy issue is the balance between state protection of residential gardening and local control over land use and nuisance-related regulations. The bill resolves that tension by barring outright bans while expressly allowing local rules on water use, fertilizers, invasive species, weeds, and garden size or placement.