Did you know that the New York state Senate passed a bill, S00879, in May 2025 for establishing “the ‘garden protection act’, protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens” with a vote of 57-3! YAY!
BUT – in the assembly, the matching bill (A2122) has stalled in the agricultural committee — and as you may know – MANY bills die in committee! This bill is currently sponsored solely by Dr. Anna Kelles of District 125 (Ithaca and surrounding area).
For this bill to have a chance of passing the Assembly, it must get additional co-sponsors to gain momentum. The legislative session will restart in January 2026 and we need this bill to be reintroduced in the session, with co-sponsors, voted on in committee, introduced on the floor for a vote AND, hopefully, to pass.
Here is what you can do to help:
1- Contact your NYS Assembly representative and tell them why this bill is important to you and that you want them to CO-SPONSOR this bill. It is recommend to both call them and also email or write a letter to them. To find your representative look them up here: https://nyassembly.gov/mem/search
2 – If you live in WNY in District 139 (near Batavia or north), your Assembly person, Stephen Hawley, is on the Agriculture committee, you should not only do #1, but also request that he vote in support of this bill in Agriculture Committee so it can be released from committee onto the floor for a vote. Link to the rest of the Agriculture Committee membership for those outside of WNY – https://nyassembly.gov/comm/?id=2&sec=membership
If you don’t know what to say, here is something to get you started. The more you personalize it, the better. That way your note is not identical to others they receive.
My name is _, I am a constituent residing at _ (please always provide your full address so they can confirm you’re in their district, otherwise your call or email is not counted!). I am reaching out to you because I am requesting your support of Assembly Bill 2122. Specifically, I am requesting you co-sponsor this bill. As a constituent and a native gardener/ vegetable gardener, I believe planting native gardens is one of the easiest ways I can help the environment — by protecting wildlife, supporting pollinators, and keeping our water clean. Especially during tough economic times, this bill also gives people the option to grow their own food at home. This law will protect New Yorkers who grow native plants or vegetable gardens from facing pressure to remove plants from local officials enforcing outdated or harmful lawn rules. Thank you for your support.
Respectfully, _
Please share this post with your other gardening friends and let’s make sure this bill passes the assembly in 2026!!
Written by: Devon Southall, Wild Ones WNY Program Committee Co-Chair
Full text of the bill
Section 31-g of the agriculture and markets law is amended by adding two new subdivisions 7 and 8 to read as follows:
7. “Home vegetable garden” shall mean any garden located on residential property where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultivated, or other plants commonly associated with such gardens.
“Native plant garden” or “pollinator garden” shall mean any garden located on residential property where plants native to the state, composed of a variety of nectar and pollen-rich flowers with a wide range and variety of shapes, sizes, and colors, that blossom at various times throughout the year, are cultivated, and may also include other native or supportive plants, including those without flowers.
The agriculture and markets law is amended by adding a new 4 section 31-k to read as follows:
31-k. Right to cultivate home vegetable, native plant, and pollinator gardens.
Notwithstanding any other law, rule or regulation, any person may cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens on their own property, or on the private property of another with the permission of the owner of such property, in any county, municipality, or other political subdivision of this state.
A municipality in the state shall not regulate gardens in a manner inconsistent with this section.
3. This section shall not preclude the adoption of a rule, regulation or local ordinance of general nature that does not specifically regulate home vegetable gardens, native plant gardens, and/or pollinator gardens, including, but not limited to, regulations and ordinances relating to height, setback, water use, fertilizer use, or control of invasive or unlawful species, provided that any such rule, regulation or ordinance does not have the effect of precluding home vegetable gardens, native plant gardens, and/or pollinator gardens.