A5556

An Act establishing the right to garden in residential areas in common interest communities and supplementing P.L.1977, c.419 (C.45:22A-21 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Many New Jersey residents desire to grow fruits, vegetables, flowers, or herbs for themselves and their families on their own property, but may face restrictions from ordinances or planned residential development regulations that prevent gardening;

b. Gardening may have positive effects on residents’ well-being;

c. Gardening may have positive environmental effects such as absorbing stormwater that may otherwise overwhelm sewer systems and increasing biodiversity; and

d. It is an important interest of the State to encourage the development of sustainable cultivation of vegetables and fruits at all levels of production, including for personal consumption.

2. a. For purposes of this section, "vegetable garden" means a plot of ground where herbs, fruits, flowers, or vegetables are cultivated for human consumption.

b. Except as otherwise provided by law, an association formed for the management of common elements and facilities of a planned real estate development, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not adopt or enforce a restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document prohibiting or unreasonably restricting vegetable gardens on residential property.

c. Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned real estate development, and any provision of a master deed, bylaw, or other governing document that either prohibits or unreasonably restricts vegetable gardens on residential property is void and unenforceable.

d. This section shall not preclude the adoption of a restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document of a general nature that does not expressly concern vegetable gardens, including, but not limited to, regulations and ordinances relating to water use during drought conditions, fertilizer use, or control of invasive species.

d. On or before the first day of the fourth month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the provisions of this section. The rules and regulations of the commissioner shall include, but shall not be limited to:

(1) the forms of restrictions and provisions in any covenant, bylaw, rule, regulation, master deed provision, or governing document that shall constitute unreasonable restrictions on vegetable gardens on residential property; and

(2) the plant types that shall be considered invasive, aggressive, or dangerous species.

3. This act shall take effect on the first day of the fourth month next following enactment, except that the Commissioner of Community Affairs may take anticipatory action necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

STATEMENT

This bill prohibits an association of a planned real estate development from adopting or enforcing a restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document prohibiting or unreasonably restricting vegetable gardens, as defined in the bill, on residential properties. The bill provides that any provision of a governing document of the community that either prohibits or unreasonably restricts vegetable gardens on residential properties is deemed void and unenforceable. However, the bill does not preclude an association from adopting a provision of a governing document of a general nature that does not specifically concern vegetable gardens, including, but not limited to, provisions relating to water use during drought conditions, fertilizer use, or control of invasive species.

The bill directs the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection, to adopt rules and regulations to effectuate the provisions of the bill on or before the first day of the fourth month following enactment. The bill is to take effect on the first day of the fourth month following enactment, except that the Commissioner of Community Affairs is authorized to take anticipatory action necessary to implement the provisions of the bill.