NY S09928

Establishes the "Garden Protection Act" to encourage and protect sustainable cultivation of fresh produce on residential property for personal consumption or non-commercial sharing.

Defines "home vegetable garden" as gardens on residential property where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultivated.

Defines "native plant garden" or "pollinator garden" as gardens on residential property with plants native to New York state, including nectar and pollen-rich flowers that blossom at various times throughout the year.

Grants individuals the right to cultivate home vegetable gardens, native plant gardens, and pollinator gardens on their own property or on private property with owner permission throughout any New York county or municipality.

Prohibits municipalities from regulating these gardens in a manner inconsistent with the act, though general regulations on height, setback, water use, fertilizer use, or invasive species control are permitted if they do not preclude such gardens.