Vote: Floor vote
NY SenateMar 17, 2026Result: passed
Sponsor · State Senator, District 48 · Democratic/Working Families
Senate bill · S879 (2025-26)
Establishes the "garden protection act", protecting the rights of individuals to cultivate home vegetable gardens, native plant gardens, and/or pollinator gardens.
Not chosen yet
Passed one of the two chambers; it still needs the other.
New York State Senate
Same as A2122, the matching bill in the Assembly.
Amends the Agriculture and Markets Law.
Aging · New York State Assembly
Also referred to Aging · New York State Senate, Agriculture · New York State Assembly, Agriculture · New York State Senate.
To encourage and protect the sustainable cultivations of fresh produce at all levels of production, including on a residential property for personal consumption or non-commercial sharing.
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
NY SenateMar 17, 2026Result: passed
Senate AgricultureFeb 24, 2026Result: passed
NY SenateMay 13, 2025Result: passed
Senate AgricultureMar 4, 2025Result: passed
Leroy Comrie, Peter Oberacker and 2 more on Agora
The sponsor's argument
This bill will protect the right of New Yorkers to cultivate vegetable, native plant, and pollinator gardens, which provide crucial environ- mental and personal benefits. In several instances across the state, individuals have faced enforcement actions for growing gardens that exceed vague height restrictions, despite these spaces serving critical ecological functions. Vegetable gardens empower people to grow their own food, addressing food security and self-sufficiency. In urban and suburban areas, these gardens help fill gaps where access to fresh, affordable produce is limited. The right to grow food should not be hindered by vague regu- lations that fail to recognize the necessity of food sovereignty in modern times. Similarly, native plant gardens help protect biodiversity by fostering habitats for local wildlife, preventing soil degradation, and resisting invasive species. These gardens have been mistakenly targeted by local authorities who view them merely as unkempt properties, ignoring their environmental importance. Native plants are vital to the natural ecosys- tem, and their protection is key to preserving the health of the land itself. Pollinator gardens, in particular, are vital to maintaining New York's ecosystem. Bees, butterflies, and other pollinators are essential for the health of plants, crops, and the broader environment. Yet, some communities continue to penalize residents for creating pollinator gardens, citing concerns about overgrown vegetation, often driven by aesthetic preferences rather than genuine environmental or public health concerns. Pollinators cannot survive solely on imported landscape plants, which lack the sustainability that native species provide. This bill would protect these essential types of gardens from arbitrary enforcement while maintaining reasonable limits to ensure public health and safety. It is critical that local laws adapt to modern environmental challenges and recognize the benefits these gardens provide, from reduc- ing urban heat to supporting local ecosystems. By safeguarding the right to cultivate vegetable, native plant, and pollinator gardens, New York will take a step toward securing environmental stewardship, food securi- ty, and biodiversity across the state.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO AGRICULTURE
NY Assembly
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.418
1ST REPORT CAL.418
NY Senate
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Senate
Referred to committee
REFERRED TO AGRICULTURE
NY Assembly
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO AGRICULTURE
NY Assembly
Amend and Recommit to Agriculture
AMEND AND RECOMMIT TO AGRICULTURE
NY Assembly
Amended
AMENDED ON THIRD READING 879A
NY Senate
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.479
1ST REPORT CAL.479
NY Senate
Reference Changed to Agriculture
REFERENCE CHANGED TO AGRICULTURE
NY Assembly
Referred to committee
REFERRED TO AGING
NY Assembly
Referred to committee
REFERRED TO AGRICULTURE
NY Senate
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Parties are shown in the same neutral colors.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data