Gardens

Randyr · Dec 20, 2010

Off topic but here goes.
Someone was telling me yesterday that somewhere in the U.S. some government people are talking about making it a law that you have to get a permit to plant a garden at your home.
Or they have already done it.
Anyone heard anything about this?
Hope it's not true.
Maybe there is a lot more to the story than what I heard.

gene bender · Dec 20, 2010

One of the last bills our dummies passed had tons of tales on what and how you could raise your own food but it turned out to be someone telling tales.

Lou from Wi. · Dec 20, 2010

Wouldn't consider that to be gospel.Sounds like a fairy tale. Having Garden poliece(homeland security) lookin over the fences,peekimg through the shrubs and trees,infared night vision goggles for spying at night ,Photographs of crime scene (gardens),court proceedings, paid prosecutors, defence attorneys, bail hearings, on and on. Makes for humerous conversation. What ya say DAVE2???. Would this come about over there?? LOU.

TomH in PA · Dec 20, 2010

Homeowner's Associations can make whatever rules they want; they're not government though. Things like landscaping and even what kind of car you can park in your driveway are common.

DH in Carolina · Dec 20, 2010

I see it now. A letter comes in the mail that says that you planted five taters with the eyes facing down. You have 10 days to correct the problem or they will plow up your garden. DH

JDemaris · Dec 20, 2010

Yes, it's true. Read the bills being propposed - S.425 (Senate) and H.R.875 (House).

The US House and Senate have many bills proposed to regulate farming, especially organic farming - even if just for home use. Some parts try to regulate small scale gardening. What these bills are trying to do, is force State officials to enforce Federal regs - which violates States rights via the 10th ammendment - in my opinion. It also attempts to regulate people growing food for home comsumption (isn't that gardening?).

The USA has hundreds, if not thousands of local laws already that limit gardening. But I hope Federal isn't possible - yet. It would violate States-Rights as per the Articles of Confederation, US Constitution, ammendments, etc. That is, except for growing illegal plants like opium poppys, marijuanana, etc. Or, using illegal chemicals for fertilizer, weed control, etc.

Now in Europe? It already exisits. E.g. Germany has the "Federal Garden Plot Law." It reads . . . "A garden plot should not be larger than 400 square meters", and " In the garden plot, it is permitted to construct a simply-furnished small house with a maximum of 24 square meters of floor space", etc.

I live in a rural area, and here "farming" is illegal in any of the village-hamlets. But, "gardening" is. So, I guess you can "mow your lawn" but cannot say you're "cutting hay."

john d · Dec 20, 2010

More probably a lot LESS than what you've heard.....
e mail hype

gene bender · Dec 20, 2010

It didnt pass that way nothing in the bill will regulate what you grow. TOO much hype has been talked about they talked about what was passed on the farm news after the vote.

Lou from Wi. · Dec 20, 2010

Jde. It's still a joke, Why? Due to the fact that if anyone was prosicuted for garden offences of growing food for family & friends consumption, and if that charge was brought before a jury, one could bet the farm that a not guilty verdic would be brought out. and the perp, acquited. Now what would the COST OF proceeding against the perps cost? case after case. I can tell ya that local government would soon run out of capitol to run the business of government.State,Local.Jury's cost the state tons of dough to bring to trial such nonsence.
reminds me of the laws in Mass requiring lantern bearers to precede horse drawn carrages with lantern bearers, required to operate upon the road/highways streets etc. That law was struck down after it was applied in the 20th century.Some times laws are challenged by the mear fact of invoking em in the first place,ususlly perpertrated by officers with a grudge against certain folks for one reason or another.This day and age, Nothing surprises me anymore.So glad at age 75 I won't be back to suffer the SLINGS AND ARROWS of society.Via SHAKESPEAR. ALAS POOR LOUIE ,I KNEW HIM WELL!lol. REGUARDS ,LOU

Jason the Red · Dec 20, 2010

Technically most homeowners associations don't allow you to leave a vehicle parked in your driveway. Just thought that would brighten your view of homeowners associations. :-]

Lou from Wi. · Dec 20, 2010

Now thats Humor!! Thanks. LOU

Anonymous-0 · Dec 20, 2010

They'll be looking at what kind of taters you're planting , too. Were you thinking about spec-taters, common-taters or the kind that'll really get you in trouble, agi-taters?

JDemaris · Dec 20, 2010

I used to think many things were not possible in this country, i.e. the USA. I'm not so sure anymore.

Germany already has Federal regs on some aspects of gardening.
Read up on "Bundeskleingartengesetz"

I guess we could assume Germans are totally different people and that could never happen here, right? I already tend to think that way in regard to Germans and WWI, WWII, and even the American Revolution.

But, we already have "quick take" Emminent Domain in the USA. It's done all over the USA. Even a small town government can take your land before it's tried in court. And, if a court later says they were wrong, you do NOT get your land back. That's a done-deal except for a few states that don't allow it (like Florida).

We have a European-like Federal heath-care-tax-fine program on the books and slowly going into effect that clearly defies the U.S. Constitution.

We have a president that has not shown enough ID documents to cross the Canadian border - yet he was sworn in and here he is.

We have overt taxing without representation all over the USA, and it gets more overt as time goes on. Anybody paying school taxes as a non-resident property owner? You pay, but you cannot vote.

Lou, I hope your correct. I'm just not as confident as I used to be.

By the way, two people were arrested, convicted and fined in my town last year for "illegal farming." But, that's a violation of local code, not Federal law.

Anonymous-0 · Dec 20, 2010

While I dislike the homeowners association thing it should be said that people know upfront when the are looking to buy or build in a development with all these rules. They make the choice to buy into it or not. They don't wake up one morning to discover that a homeowners association has been formed and that these rules must now be adhered to.

El Toro · Dec 20, 2010

The homeowner's association in where I live is a joke. It wasn't that way 43 years ago when I moved in here, but over the years there's been violations by many residents. The 2 car garage next to me is about to fall down from neglect. All the facia boards are rotten along with the exposed rafters. The roof shingles haven't been changed since 1969 when it was built
and they blow off into my back yard.

They have a daycare center in one of the homes now and the fences are not to be higher than 48" and my neighbor has put up a 6-foot barricade. We took it to court and lost since there were so many violations. The judge said my new fence was in violation since it is vinyl and so is the 6-foot next to me. When I sell this house I'm going to look for someone that wants to start a home for drug & alcohol rehab.
Hal

Anonymous-0 · Dec 21, 2010

Do you really think any Govt. Official would have the ?[squirrel food] to propose such a think.

Anonymous-0 · Dec 21, 2010

(quoted from post at 18:28:42 12/20/10) Germany already has Federal regs on some aspects of gardening.
Read up on "Bundeskleingartengesetz"

.

I'm no expert on the laws here, but there is a little more to it than that. They don't want Joe Blow just getting a piece of ground outside town and plowing it up. Within the confines of your property connected to your house, you can do pretty much what you want. Villages have areas set aside (usually on the immediate outskirts) that are zoned (?) for vegetable gardens. Garden also a term for your yard so someone's garden may just be a place outside the village with a yard, maybe some veggies and trees, and a little cabin. These areas are kinda held to the sq meter regs. A lot of if's, and's and but's.

Dave

Bartt · Dec 21, 2010

In Vermont we had to pass a state law saying that it is legal to hang clothes on a clothesline. We have a lot of flatlanders coming up bringing their idiotic laws with them.We have town meetings here in Vermont and we for the most part, run our own towns. For those who don't like it we say MOVE. Have a Goodun.

NY 986 · Dec 21, 2010

True, but in my mother's uncle's situation he found the board in charge of these rules never rested when it came to new ideas. Got to the point where the board would have a say in types of shrubs and plants on the property, type and brand of lawn mower owned, and number of cars and duration of time at house for parties and celebrations for example. This was 20 years ago and my relative sold his house there and had his cottage in the Finger Lakes made into a year round structure.
This happened in the Rochester, NY area and I have heard it has only gotten worse in a lot of the more affluent areas there.

showcrop · Dec 21, 2010

I had not heard that there was any success to the "Take back Vermont" movement. aren't you still a "blue" state?

JDemaris · Dec 21, 2010

Generally speaking, laws do not ALLOW behavior, they PROHIBIT behavior..

Vermont passed a law prohibiting local governments from making laws NOT allowing solar collectors.

I didn't follow the whole thing backwards, but it's likely towns started putting restrictions on solar energy with defining it well - and then it got applied to other types of solar collectors (like clotheslines).

We had something similar here. Our town enacted a local law prohibiting "farming" within village limits. . . but failed to define "farming" within the written law. So, it was open to interpretation. Since Ag & Markets control dog and cat licenses - dog and cat ownership became illegal. It was a long slippery slope and they finally had to rewrite the law.

JDemaris · Dec 21, 2010

I lived in northern Vermont in 1975 (Barton-Albany area), and it was already lost. Northeast Kingdom was full of 30 year old hippies. I guess they're running the place now, or their kids are.

IndianaRed · Dec 21, 2010

"Idiotic Flatlanders"? Isn't Vermont home to the (self-proclaimed), Socialist Bernie Sanders? Re-elected time and time again.

Pardon me, but no Socialists representing us here in the Midwest. Well, none that are self-proclaimed anyway.

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