Bill Text: GA HB842 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agriculture; preempt certain local ordinances; protect right to grow food crops; provisions

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-03-11 - House Committee Favorably Reported [HB842 Detail]

Download: Georgia-2009-HB842-Introduced.html

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09 LC 21 0485

House Bill 842

By: Representatives Franklin of the 43rd, McCall of the 30th, and Brooks of the 63rd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to protect the right to grow food crops and raise small animals on private property so long as such crops and animals are used for human consumption by the occupants, gardeners, or raisers and their households and not for commercial purposes; to define a term; to provide for effect on certain private agreements and causes of action; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by adding a new Code section to read as follows:

"2-1-6.

(a) As used in this Code section, the term 'crops' means fruits and products of all annual or perennial plants, trees, and shrubs.

(b) No county, municipality, consolidated government, or local government authority shall prohibit or require any permit for the growing or raising of food crops or chickens, rabbits, or goats in:

(1) Home gardens, coops, or pens on private residential property so long as such food crops or animals or the products thereof are used for human consumption by the occupant of such property and members of his or her household and not for commercial purposes; and

(2) Community or cooperative gardens, coops, or pens on any portion of any private lot made available for such purposes by the occupant thereof so long as the total lot size is not more than 2.75 acres and the food crops or animals or the products thereof are used for human consumption by the growers and raisers and members of their households and not for commercial purposes.

(c) This Code section shall not prohibit or impair any private covenant or other private agreement restricting the use of real property or any cause of action for a private nuisance or trespass; provided, however, that any cause of action for nuisance shall remain subject to the provisions of Code Section 41-1-7, if applicable."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.