IL HB4704

Creates the Right to Garden Act, establishing that property owners have the right to create and maintain gardens on residential property for produce, flowers, herbs, fungi, or grains for personal consumption and enjoyment.

Defines "garden" as property wholly located within residential property used to grow items for one's own consumption and enjoyment, and "residential property" as a dwelling with accommodations for 4 or fewer households that serves as the owner's primary residence (excludes investment properties and properties used as collateral for commercial loans).

Allows state and local government to regulate gardens only when regulations do not have the practical effect of precluding gardens entirely; permissible regulations include those addressing drought water restrictions, property setbacks, lot coverage, utility safety, fertilizer use, invasive species control, and controlled substances.

Limits home rule powers by prohibiting home rule units from regulating gardens in a manner inconsistent with this Act, designated as a limitation under the Illinois Constitution.

Effective immediately upon becoming law.