Florida Preempts Local Zoning Laws That Prohibit Gardens

Many gardeners in Florida celebrated this week, as Senate Bill 82 went into effect, by planting fruits and vegetables in their yards, legally, whether their city liked it or not.

1 minute read

July 4, 2019, 9:00 AM PDT

By James Brasuell @CasualBrasuell


Tomatoes

BigMilan / Shutterstock

Laurel Wamsley reports on Florida's Senate Bill 82, which "nullifies local bans on vegetable gardens at residential properties."

The law went into effect on Monday, thanks to a longtime legal battle by homeowners Tom Carroll and Hermine Ricketts, who live in Miami Shores, Florida. That city had a zoning law that forced the couple to tear up a garden.

Wamsley focuses on the efforts of Ricketts, especially, in pushing for the state preemption of local zoning laws that ban gardens.

A separate article by Samantha J. Gross, written in May when the law was approved by the Florida Legislature, provides more of the political history and details of the new state law.

As for the great tug-of-war between state preemption and local control inextricable from the law, Gross provides this context: "While other concerns over too much preemption came up in committee, the bill specifies that the language does not apply to other regulations like limits on water use during droughts, regulated fertilizer use or the control of invasive species."

Thursday, July 4, 2019 in NPR

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 25, 2025 - Diana Ionescu

Map of Western U.S. indicating public lands that would be for sale under a Senate plan in yellow and green.

Map: Where Senate Republicans Want to Sell Your Public Lands

For public land advocates, the Senate Republicans’ proposal to sell millions of acres of public land in the West is “the biggest fight of their careers.”

June 19, 2025 - Outdoor Life

Person wearing mask walking through temporary outdoor dining setup lined with bistro lights at dusk in New York City.

Restaurant Patios Were a Pandemic Win — Why Were They so Hard to Keep?

Social distancing requirements and changes in travel patterns prompted cities to pilot new uses for street and sidewalk space. Then it got complicated.

June 19, 2025 - Diana Ionescu

Tents inhabited by unhoused people lined up on sidewalk in Los Angeles, California in front of industrial building.

California Homeless Arrests, Citations Spike After Ruling

An investigation reveals that anti-homeless actions increased up to 500% after Grants Pass v. Johnson — even in cities claiming no policy change.

30 minutes ago - Times of San Diego

Route 66 motel neon sign.

Albuquerque Route 66 Motels Become Affordable Housing

A $4 million city fund is incentivizing developers to breathe new life into derelict midcentury motels.

1 hour ago - High Country News

Green public transit bus at stop in Silver Spring, Maryland.

DC Area County Eliminates Bus Fares

Montgomery County joins a growing trend of making transit free.

2 hours ago - The Washington Post

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.