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phlpnet.org I nplan.org October 2009

Community gardens play

a valuable role in creating

healthier communities.

This act sheet explains

how model policies

rom NPLAN can help

advocates work with localgovernments to create and

sustain these important

neighborhood resources.

Community gardens can bring great benet to a neighborhood. Not only dothey increase access to resh produce, community gardens provide valuableopportunities or neighbors to connect with each other, learn about nutrition,exercise, and perhaps even start a business.

Local governments across the country are nurturing community gardens in avariety o ways. Some cities provide nancial support or community gardens;others inventory municipal land to determine where vacant public lots may beavailable.2 Still others operate their own community garden programs.3 Local

governments also can adopt land use lawsspecicallycomprehensive planpolicies and zoning codesto help create and preserve community gardens.

o help advocates work with local governments to adopt these types opolicies, NPLAN has developedEstablishing Land Use Protections forCommunity Gardens, a policy package that includes model language that can bincorporated into local land use guidelines.

Establishing Protections forCommunity Gardens

A Fact Sheet for Advocates

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Establishing Protections for Community Gardens

Comprehensive Plan Policies

Most communities have what is known as a comprehensive or generalplan, which sets guidelines or the types o land uses allowed in dierent areas

within the community. Te comprehensive plan describes how the locality iscurrently using land and makes recommendations or the uture,4 addressingactors such as transportation, trafc circulation, housing, park and recreation

areas, and public acilities.Local governments can support community gardens by including a policyin the citys comprehensive plan to create and sustain community gardens.NPLANs Model Comprehensive Plan Language has two specic goalstoprotect existing community gardens and establish new onesand it sets orthexplicit actions a community should take to ulll these goals.

Zoning Codes

A communitys zoning regulations are essentially an interpretation o thepolicies laid out in the comprehensive plan. Simply put, zoning determines

what can and cannot be built, and what activities can and cannot take place, ondierent parcels o land.

Most cities have what are known as use-based zoning laws, meaning thejurisdiction is divided into distinct districts such as residential, commercial,multi- or mixed-use, or industrial. Tese designations determine how the landcan be used.

Te problem is that zoning codes do not usually address community gardens,leaving them vulnerable to being closed down as an illegal use. o resolvethis issue, NPLANs Model Zoning Ordinance Language or CommunityGardens provides local governments with two options.

One option establishes community gardens as an approved use o landin residential, multi-amily, mixed use, industrial, or any other zone thecommunity selects. Tis allows residents to set up community gardens withoutobtaining a permit or other prior approval rom the government.

Te second option provided in NPLANs model ordinance language protectscommunity gardens established on public property. Tis option sets up aseparate subcategory (or subdistrict) o open space designated or use ascommunity gardens, giving community gardens the same protections as othertypes o open space uses.

ConclusionCommunity gardens play a valuable role in creating healthier communitiesbut to be sustainable, they need support rom local governments. Tereare many ways in which local governments can provide that support, romnancial aid and land acquisition assistance to adopting community gardenriendly land use policies.Establishing Land Use Protections for CommunityGardens, a policy package rom NPLAN, is designed or policymakers topromote community gardens by helping residents create and sustain theseimportant local resources.

Visit www.nplan.org to downloadEstablishing Land Use Protections for

Community Gardens, a policy package from NPLAN.

1 For example, Madison, Wisconsin, has usedCommunity Development Block Grants funto support community gardens. Seewww.ci.madison.wi.us./cdbg/docs/brochure_G.pdf. Likewise, Los Angeles, CaliforniasCommunity Redevelopment Agency alsofunds community gardens as part of the Cityeffort to become the greenest major city inthe nation. Seewww.crala.org/internet-site/About/Green_Urbanism.cfm. Other cities,

such as Boston, are using land trusts to acquand preserve community gardens. Seewww.bostonnatural.org/communitygardens.htm.

2See, e.g., Washington, DC, Code 48-402(1(West 2009); Hartford, Conn. MunicipalCode 26-15(a)(1)(2008).

3 For example, San Francisco operates 40community gardens on city-owned propertyMore information is available at: www.sfgovorg/site/recpark_page.asp?id=27048.

4 83 Am. Jur. 2d Zoning and Planning 17

The National Policy & Legal AnalysisNetwork to Prevent Childhood Obesity(NPLAN) is a project o Public HealthLaw & Policy (PHLP). PHLP is anonproft organization that provides leginormation on matters relating to publhealth. The legal inormation providedin this document does not constitute legaadvice or legal representation. For legaladvice, readers should consult a lawyer itheir state.

Support for this fact sheet was providedby a grant from the Robert Wood JohnsoFoundation.

Photos Courtesy o Redwood Heights School Garden OUSD

and Kim Arroyo Williamson