Green Bay Reporter

A bill authored by State Rep. Shae A. Sortwell in the Wisconsin Assembly seeks to protect residents’ rights to cultivate vegetable and flower gardens on their property without undue local government restrictions, according to the Wisconsin State Assembly.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "local regulation of vegetable gardens".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill establishes that local governments in Wisconsin cannot require permits or prohibit the cultivation of vegetable or flower gardens on residential properties they do not own, thereby promoting backyard gardening without unnecessary regulatory barriers. It defines a vegetable garden to include plots where vegetables, herbs, fruits, flowers, or pollinator plants are grown. However, the bill allows municipalities to continue enacting zoning ordinances, regulating water and fertilizer use, and controlling noxious weeds and invasive species, provided these regulations do not specifically target vegetable gardens. The bill aims to ensure residents can freely cultivate gardens while maintaining essential environmental and zoning regulations.

The bill was co-authored by Senator André Jacque (Republican-1st District), Representative Elijah R. Behnke (Republican-6th District), Representative Barbara Dittrich (Republican-99th District), Representative Joy L. Goeben (Republican-5th District), and Representative Rob Kreibich (Republican-28th District).

Shae A. Sortwell has co-authored or authored another 11 bills since the beginning of the 2025 session, with none of them being enacted.

Sortwell graduated from the University of Wisconsin-Green Bay in 2006 with a BA.

Sortwell, a Republican, was elected to the Wisconsin State Assembly in 2019 to represent the state's 2nd Assembly district, replacing previous state representative André Jacque.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bill Number	Date Introduced	Short Description
AB41	02/17/2025	Local regulation of vegetable gardens
AB26	02/17/2025	Battery or threat to jurors and providing a penalty
AB17	02/06/2025	Creating an employee ownership conversion costs tax credit, a deduction for capital gains from the transfer of a business to employee ownership, and an employee ownership education and outreach program. (FE)