HB 1165: Georgia Urban Sustainable Gardens Act; enact

Georgia currently has no state law requiring cities to set up community gardens. House Bill 1165, called the Georgia Urban Sustainable Gardens Act, would change that. It directs the Department of Community Affairs, working with the State Properties Commission and the Department of Natural Resources, to compile a list of unused state-owned land suitable for community gardens by December 31, 2026. By December 31, 2027, any municipality with a population of 25,000 or more (based on the 2000 census or any future census) would have to establish, operate, and maintain at least one community garden within its city limits. These gardens must be open to residents on set hours, coordinated with the state park system and nonprofits, and offer free individual garden plots to residents. Cities would pay for the gardens through their own budgets or donations, and the State Properties Commission could lease state land to cities for this purpose. Cities could also use their own land instead of state land if it meets suitability criteria.

• Requires the Department of Community Affairs to compile, by December 31, 2026, a list of unused state-owned land suitable for community gardens.
• Requires every Georgia municipality with 25,000 or more residents to establish and maintain at least one community garden by December 31, 2027.
• Requires these community gardens to offer free individual plots to residents for growing food, herbs, or flowers.
• Requires community gardens to be operated in coordination with the state park system and nonprofit organizations.
• Authorizes the State Properties Commission to lease or otherwise make state-owned land available to municipalities for community gardens.
• Requires municipalities to fund their community gardens through city appropriations, donations, or other available funding rather than new state money.

Municipalities with 25,000 or more residents and their governing authorities, the Department of Community Affairs, the State Properties Commission, the Department of Natural Resources, state agencies holding land, nonprofit organizations, and city residents who could use free garden plots.

Larger Georgia cities would take on a new legal obligation to create garden space, funded locally rather than by the state. Residents in those cities could gain access to free plots for growing food, potentially expanding access to fresh produce and green space in urban neighborhoods.

• Section 1 names the bill the 'Georgia Urban Sustainable Gardens Act.'
• Section 2 states legislative findings on food insecurity, vacant lots, and the benefits of community gardens.
• New O.C.G.A. § 50-8-320 defines key terms including 'community garden,' 'municipality owned real property,' and 'state owned real property.'
• New O.C.G.A. § 50-8-321 requires the Department of Community Affairs to compile a list of usable state land for gardens by December 31, 2026.
• New O.C.G.A. § 50-8-322(a) requires municipalities of 25,000 or more residents to establish at least one community garden by December 31, 2027, subject to State Properties Commission approval.
• New O.C.G.A. § 50-8-322(b)-(c) sets access, coordination, and free-plot requirements, and states funding must come from municipal appropriations or donations.
• New O.C.G.A. § 50-8-323 authorizes the State Properties Commission to lease state land to municipalities and requires state agency cooperation.

1. 2026-02-05House Second Readers (House)
2. 2026-02-04House First Readers (House)
3. 2026-02-03House Hopper (House)

• Sandra Scott (D, HD-076)Primary sponsor
• Mike Cameron (R, HD-001)
• Viola Davis (D, HD-087)
• Kim Schofield (D, HD-063)
• Rhonda Taylor (D, HD-092)

• community gardens
• urban agriculture
• food insecurity
• municipal government
• state land use