Chapter 6.3
Environmental Justice

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Edible Front Yard Gardening in Residential Districts

INTRODUCTION

In 2015, 36 percent of U.S. households engaged in food gardening, spending $3.6 billion growing vegetables and other edible plants.[1] Driving this trend is the desire to reap the health, social, and economic benefits of personal food production, as well as a growing awareness of the negative ecological impact of traditional agriculture production.[2] Led by large-scale animal agriculture, traditional agriculture production is responsible for massive GHG emissions, deforestation, water pollution, and air pollution.[3] Helping to foster citizens’ desire to grow food at their residences, local governments are eliminating traditional zoning strategies that prohibited or excessively limited food gardening.[4] The benefits of front yard gardening have overcome outdated notions of the “idealized” front lawn and are discussed in more detail below.[5] Additionally, traditional lawns require fertilization and other upkeep functions that negatively impact the environment.[6]

Ordinances allowing communities to grow food in front yards either expressly permit food gardens as a by-right accessory use[7] or exempt agricultural activities from landscaping requirements.[8] Ordinances permitting front yard gardens can set maintenance requirements for gardening and agriculture, such as ensuring pruning, weed removal, and pest control.[9] Additionally, local governments may prohibit some species of plants due to concerns over pests or invasive species (for a discussion of native plant requirement ordinances see Native Plants/Vegetation; for a discussion of the removal of invasive species ordinances see Removal of Exotic Vegetation; and for a discussion specifically focusing on native and invasive trees see Native Trees and Removal of Invasive Trees).[10] Local governments may also permit some heavy or larger agricultural machinery in residential areas while implementing appropriate restrictions to avoid nuisance issues (for a discussion about allowing equipment and composting see Equipment and Composting as Accessory and Temporary Uses and for a discussion about personal food production see Keeping Fowl in Urban and Suburban Locations).[11]

Front yard gardens can take many different forms. Some gardeners remove traditional lawn landscaping and turn their entire front yard into elaborate vegetable gardens.[12] In other places, property owners garden in the “planting strip” of land between the street and sidewalk in front of their homes.[13] Other gardeners mix attractive edible plants into more traditional landscaping.[14] Local governments have sought to educate homeowners on these various approaches, as well as the benefits of front yard gardens, by providing support services making it easier for new gardeners to acquire baseline skills.[15] Local governments can help foster front yard gardening and gardening generally through educational programs operating outside of development codes. Depending on the amount of front yard gardening the local government wishes to allow, it may also consider farm stands (for our brief on farm stands see Temporary Farm Stands).

As food gardening becomes more common, community members look for innovative ways to use space to grow food.[16] This can lead to challenges if traditional backyard space is not available or not suited to plant growth.[17] Even in cases where residents have sufficient back yard space, they may not have proper sunlight and other conditions that yield the best growth. In this case, homeowners can turn to front yard gardening. Local governments should be aware that as front yard gardening increases there may be an increase in conflicts with neighbors who find vegetable gardens unsightly or worry about declining property values.[18] Some local governments have used zoning ordinances to clarify the use of front yards for gardens to balance the needs of encouraging urban farming with the aesthetic sensibilities of neighbors.[19] Local governments can reflect concerns about the appearance of front yard gardens by not allowing invasive species[20] and requiring all urban agriculture to be well maintained and aesthetically pleasing.[21]

EFFECTS

When zoning regulations allow gardening by-right on residential properties, homeowners face fewer barriers to producing their own food and may have greater access to healthy and fresh food.[22] Individuals who grow their own food are more likely to eat five servings of fruits and vegetables per day.[23] Gardening is linked to lessening the risks associated with obesity for both children and adults, coronary heart disease (particularly for menopausal women and elderly men), and glycemic control and diabetes.[24] Research also shows that those who participate in gardening activity benefit from reduced levels of stress and anxiety.[25] For senior citizens, one study found that gardening may reduce the risk of dementia by up to 36 percent.[26]

Front yard gardens are excellent opportunities for communities to capitalize on an underutilized resource while saving residents money. Many citizens often struggle to gain access to an affordable and nutritious diet.[27] Low-income residents can spend more than 60 percent of their earnings on food.[28] Home gardens offer a cheaper alternative, as individuals do not incur costs for transportation, distribution, or marketing of food.[29] If local regulations permit residents to sell their produce, gardeners may be able to supplement their income (see our brief on Temporary Farm Stands).[30] Residents may also be able to use surplus produce to help local neighbors in need.[31]

Gardens also provide social benefits to residents by serving as conversation pieces and allowing neighbors to meet and learn about each other.[32] Gardening can be a mechanism for nurturing resilience in communities facing challenges like poverty.[33] Gardens further community interests by facilitating intergenerational and multicultural exchange.[34] Traditionally marginalized groups such as “women, children, the poor, the homeless and the elderly” are given a valuable role within neighborhoods through inclusion in the food production process.[35] Additionally, home gardens provide an outlet for culturally significant produce that is not available in local grocery stores.[36]

Finally, urban gardening carries a host of environmental benefits. Gardens can reduce the impact of carbon emissions as a result of anaerobic respiration at landfills when gardeners utilize organic waste for compost.[37] Composting reduces costs of transportation of solid wastes to centralized waste facilities.[38] Composting can enrich soil, retain moisture, and suppress plant diseases and pests.[39] Additionally, it can also make gardening more efficient.[40] Carbon emissions are further reduced through urban agriculture by cutting down transportation costs of food from its source to individual homes.[41] In addition, food gardens may absorb more greenhouse gases than a typical lawn and may require less water. A greater amount of foliage helps to mitigate the effects of stormwater runoff and air pollution.[42] Finally, increases in plant life also promote urban biodiversity and species preservation[43] while reducing the heat island effect through photosynthetic carbon fixing.[44]

EXAMPLES

Pittsburgh, PA

Pittsburgh allows front yard gardens as a by-right accessory use in residential districts.[45] Pittsburgh requires developed property to be landscaped when it is not being used for “buildings, structures, accessory uses, off-street parking, loading areas, sidewalks or similar features.”[46] The Urban Agriculture section of the Code does not require property owners to obtain a permit if the sole purpose of growing crops is for personal consumption.[47] The right to grow and sell crops exists as a by-right use in 17 of the city’s 22 districts.[48]

To view the provisions see Pittsburgh, PA, Code of Ordinances §§ § 911.02, 912.02, 912.07.A, 918.02.A.

Duluth, MN

Duluth allows front yard gardening by imposing no restrictions other than fence height.[49] The maximum fence height is four feet.[50] Duluth requires structures related to the gardening process to be at least 20 feet from the front property line.[51] Duluth generally only permits mechanized equipment similar in scale to that designed for household use.[52] However, gardeners may use larger mechanized farm equipment in initial preparation of the land.[53]

To view the provision see Duluth, MN, Unified Development Chapter § 50-20.3(B)(4)(d) (2020).

Sacramento, CA

Sacramento’s code allows private gardens as an accessory use in residential districts.[54] The Code defines private gardens to include front yard gardens,[55] and classifies private gardens under its urban agriculture provision.[56] The urban agriculture definition allows food growth “in a form and scale that is appropriate for the urban context.”[57] The City requires all urban agriculture to be well maintained, weeded, pruned, and free of litter.[58] The Code mandates pest control and removal of diseased plants.[59] With the exception of prepping the land for agricultural purposes, the regulation prohibits mechanized farm equipment in residential areas, unless it is designed for regular household use.[60] Structures such as greenhouses, hoop houses, and storage sheds are allowed subject to the rules of the underlying district.[61]

To view the provisions see Sacramento, CA, City Code §§ 17.108.170, 17.108.220, 17.228.810(A-C).

Orlando, FL

Orlando’s Landscaping and Tree Protection ordinance seeks to promote water conservation, improve air and water quality, limit stormwater runoff, control the heat island effect, and increase community health and urban wildlife.[62] The ordinance requires all landscaping to be kept in a healthy condition.[63] For one- and two-family residences, the regulation requires 40 percent of front yards and side yards to be planted with shrubs, groundcovers, or a combination thereof.[64] The remaining 60 percent of the yard may be planted with a vegetable garden.[65]

Property owners must select plants that are appropriate for soil conditions, moisture levels, and sun exposure.[66] The ordinance prohibits exotic or invasive species.[67] The ordinance also strongly recommends individuals take a course from the University of Florida Institute of Food and Agricultural Services to learn more about growing vegetables in Orlando’s climate.[68] Vegetable gardens must have one of the following edge treatments around the perimeter: a 3 to 4 foot fence, a planter box with an 18-inch setback from rights-of-way, a “3 foot permanently planted buffer,” or another type of landscape feature (such as a rain garden) subject to the approval of the Zoning Official.[69]

To view the provisions see Orlando, FL, Code of Ordinances §§ 60.201(a-i), 60.202, 60.223(a)(2-4), 60.223(j) (2013).

ADDITIONAL EXAMPLES

Columbus, OH, Mun. Code. § 3332 (current through 2019) (permitting front yard gardens in residential districts).

Tulsa, OK, Zoning Code §65.030-A (2018) (allowing front yard gardens by exempting all agricultural uses from landscaping requirements).