Vegetable garden protection — Legislative Intent — Definition

Ark. Code Ann. § 2-1-103 — under General Provisions.

Ark. Code Ann. § 2-1-103

(a) As used in this section, “vegetable garden” means a plot of ground or an elevated soil bed on residential property where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultivated.

(b) The General Assembly intends to encourage and protect the development of sustainable cultivation of vegetables and fruits at all levels of production, including without limitation on residential property for personal consumption or noncommercial sharing, as an important interest of the state.

(c) A person may cultivate a vegetable garden on his or her own private property or on the private property of another person with the permission of the owner in any county, municipality, or other political subdivision of this state.

(d) (1) A county, municipality, or other political subdivision of this state shall not adopt an ordinance or regulation that prohibits a vegetable garden on residential properties.(2) Subdivision (d)(1) of this section does not prohibit the adoption of a local ordinance or regulation that regulates certain specifics impacting vegetable gardens, including without limitation the use of water during drought conditions, fertilizer use, control of invasive species and weeds, and reasonable size and location specifics related to permissible vegetable garden locations including without limitation side yards or backyards.

(1) A county, municipality, or other political subdivision of this state shall not adopt an ordinance or regulation that prohibits a vegetable garden on residential properties.

(2) Subdivision (d)(1) of this section does not prohibit the adoption of a local ordinance or regulation that regulates certain specifics impacting vegetable gardens, including without limitation the use of water during drought conditions, fertilizer use, control of invasive species and weeds, and reasonable size and location specifics related to permissible vegetable garden locations including without limitation side yards or backyards.