September 27, 2013

Turf Wars

A recent ABA Journal article discusses legal concerns surrounding edible home gardens, which are becoming increasingly popular with homeowners with a front-yard southern exposure.  Brimming with fruits, vegetables, and herbs, these gardens can look messy, attract vermin, and block sight lines.  But they also provide their keepers with a local, economical produce source.

Armed with the authority to protect property values, municipal enforcement officials across the country respond to neighbors’ complaints by enforcing landscaping, blight, and zoning ordinances, forcing gardeners to dig up their plants and dismantle support structures, or face hefty fines or jail time.
 
Much like the backyard chicken debate a few years ago, the front-garden debate is forcing municipalities to revisit their ordinances to better balance homeowner rights, property values, aesthetics, nutrition, and sustainability.  For example, Sacramento’s zoning code was amended to allow properly tended fruit and vegetable front-yard gardens.  Similarly, Orlando is considering ordinances allowing vegetable plants to cover as much as 60% of a front yard, if set back at least three feet from a property line.

Photo from New York Times