State right-to-garden invoice passes, regardless of criticism | Information

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OKLAHOMA CITY — Home lawmakers this week narrowly handed a measure that critics say might strip cities and counties of the power to control vegetable gardens and mediate disputes between landowners.

State Rep. Rick West, R-Heavener, mentioned his “Oklahoma Proper to Backyard Act of 2022” prohibits a county, municipality or different political subdivision from regulating vegetable gardens on residential properties. They will nonetheless regulate water use throughout a drought, fertilizer use or management invasive species.

Critics argued that Home Invoice 2979 might enable individuals to deliberately flood every others’ property, restrict the power of native governments to maintain rights-of-way clear for firefighters and motorists and provides individuals no alternative however to sue one another to settle disputes since native leaders will now not have the ability to intervene.

West mentioned no native authorities has tried to cease Oklahomans from planting gardens, however his invoice will be certain that by no means occurs. He mentioned municipalities try to kill his invoice, as a result of they wish to management the meals that Oklahomans develop and the place it’s grown.

“It’s a God-given proper to develop your personal meals, so why ought to authorities get entangled and cease it?” he requested.

State Rep. Andy Fugate, D-Oklahoma Metropolis, mentioned he’s involved that cities might now not move ordinances to make sure rights-of-way are clear if somebody determined to plant greens.

“The individuals of this group are extra involved concerning the right-of-way and the power to see children who’re out taking part in than they’re about your potential to develop corn,” he mentioned.

Fugate mentioned he loves rice, however to develop it might require periodically flooding his yard. That floodwater will then roll down into his neighbor’s yard. Grains are categorized as a vegetable underneath the invoice. “Are you telling me that the town can’t put any ordinance in place that may stop me from doing that and doubtlessly ruining my neighbor’s property?” he requested.

State Rep. Mark Lawson, R-Sapulpa, mentioned he was involved about utility easements and meter entry, and that the legislation would enable individuals to plant corn round a fireplace hydrant.

“I admire what you’re making an attempt to do right here,” mentioned state Rep. Scott Fetgatter, R-Okmulgee. “I perceive the premise, however that proper to have meals is given to me by God and never state authorities. Subsequently, I don’t know why authorities must be making an attempt to move a legislation that authorities can’t do that or that once we’re the occasion that doesn’t develop authorities.”

However state Rep. Danny Williams, R-Seminole, who supported the plan, mentioned a bunch of gardeners in Miami Shores, Florida, efficiently fought for the fitting to develop greens of their entrance yards after metropolis leaders tried to forestall it.

“Are you saying that I ought to have a proper to develop no matter I would like, as tall as I would like whatever the influence it has on my neighbors?” requested state Rep. Meloyde Blancett, D-Tulsa.

She mentioned she doesn’t see a circumstance the place a municipality, state or federal authorities would trigger somebody to not develop their very own meals. She known as it “a non-issue.”

Rep. John Waldron, D-Tulsa, who owns chickens, requested what’s to maintain him from preserving 400 of them and a water buffalo in his yard if the Legislature strips native management.

He likened the complete dialogue to the story of a rooster who wrongly thought the sky was falling.

“In honor of this invoice, I feel my subsequent chook goes to be named Hen Little,” he joked.

The measure, which handed 51-43, now advances to the Senate for consideration.

Janelle Stecklein covers the Oklahoma Statehouse for CNHI’s newspapers and web sites. Attain her at jstecklein@cnhinews.com.



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