---
title: HB 1165. Georgia Urban Sustainable Gardens Act; enact
collection: bills
id: 2025-2026/hb1165
cite_as: HB 1165, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1165
md_url: https://georgiacommons.org/bills/2025-2026/hb1165.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1165/text
source_url: https://www.legis.ga.gov/legislation/72769
date: 2026-02-05
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1165.md?full=1
bill_number: HB 1165
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-03
last_action: House Second Readers
sponsors:
- Sandra Scott
- Mike Cameron
- Viola Davis
- Kim Schofield
- Rhonda Taylor
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1165/2025
upstream_id: 2106762
summaries_model: claude-sonnet-5
topic_tags:
- community gardens
- urban agriculture
- food insecurity
- municipal government
- state land use
---
# HB 1165. Georgia Urban Sustainable Gardens Act; enact
## Text
House Bill 1165
By: Representatives Scott of the 76th, Cameron of the 1st, Davis of the 87th, Schofield of the
63rd, and Taylor of the 92nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to
Department of Community Affairs, so as to require such department to compile a list of state
owned real property that may be used for community gardens; to provide for the
establishment and maintenance of community gardens in certain municipalities; to provide
requirements for such community gardens; to provide for funding of such community
gardens by the municipality; to authorize the lease or other availability of state owned real
property for use as community gardens; to provide for construction; to require cooperation
from state agencies; to provide for definitions; to provide for legislative findings; to provide
for a short title; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Urban Sustainable Gardens Act."
SECTION 2.
The General Assembly finds that:
(1) Many urban areas in Georgia lack access to affordable, fresh produce, leading to food
insecurity and nutrition related health issues;
(2) Numerous vacant lots and underutilized public spaces remain idle while communities
face environmental, economic, and social challenges;
(3) Community gardens can improve air quality, reduce urban heat, promote healthy
lifestyles, and expand green spaces in urban environments; and
(4) Urban gardening initiatives foster environmental awareness, engage residents, provide
educational opportunities for youth, and contribute to state-wide sustainability and public
health goals.
SECTION 3.
Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Department of
Community Affairs, is amended by adding a new article to read as follows:
"ARTICLE 14
50-8-320.
As used in this article, the term:
(1) 'Community garden' means any real property containing shared individual plots of
land used for growing food, herbs, or flowers by residents of a municipality for the
benefit of all residents of a municipality.
(2) 'Department' means the Department of Community Affairs.
(3) 'Municipality owned real property' means any improved or unimproved real property
owned by a municipality and under the jurisdiction of such municipality.
(4) 'Park' shall have the same meaning as set forth for the term 'park' or 'recreational area'
in Code Section 12-3-30.
(5) 'State owned real property' means any improved or unimproved real property owned
by this state and under the jurisdiction of any state agency.
50-8-321.
Not later than December 31, 2026, the department, in consultation with the State Properties
Commission and the Department of Natural Resources, shall compile a list of all unused
state owned real property that may be suitable and desirable for use, whether in whole or
in part, as a community garden in accordance with Code Section 50-8-322. Suitability and
desirability of state owned real property for use as a community garden shall be determined
based on criteria established by the department, in consultation with horticulturists,
community food systems specialists, and other appropriate experts.
50-8-322.
(a) Not later than December 31, 2027, and subject to the availability of state owned real
property identified pursuant to Code Section 50-8-321 for such purposes and the approval
of the State Properties Commission, which approval shall not be unreasonably withheld,
in each municipality having a population of 25,000 or more according to the United States
decennial census of 2000 or any future such census, the municipal governing authority
shall establish, operate, and maintain at least one community garden within the corporate
limits of such municipality.
(b) Each community garden established in a municipality pursuant to subsection (a) of this
Code section shall:
(1) Be accessible to residents of such municipality during hours established by the
municipal governing authority; provided, however, that such hours shall be consistent
with the purposes of this article;
(2) Be operated in coordination with the state park system, as described in Code Section
12-3-31, and nonprofit organizations; and
(3) Provide individual plots of land at no cost to residents of such municipality for the
purpose of growing food, herbs, or flowers. Such plots shall be allocated to such
residents based on criteria, terms, and conditions as established by the municipal
governing authority for that municipality.
(c) The funds necessary for establishing, maintaining, and operating any community
garden in a municipality pursuant to this Code section shall come from appropriations by
the municipal governing authority or other available funding, including, without limitation,
any donations or gifts of real or personal property.
(d) Notwithstanding anything to the contrary, nothing in this article shall be construed to
preclude a municipal governing authority from using municipality owned real property to
establish, operate, and maintain a community garden in accordance with subsection (a) of
this Code section; provided, however, that any such municipality owned real property shall
satisfy any criteria concerning suitability and desirability for use as a community garden
pursuant to Code Section 50-8-321.
50-8-323.
The State Properties Commission shall be authorized to lease or otherwise make available
to a municipality any state owned real property identified pursuant to Code 50-8-321 and
perform all acts necessary to fulfill the purposes of this article. All state agencies shall
cooperate with the department and each municipal governing authority in their efforts to
perform any duties and tasks under this article."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1165 would require Georgia cities of 25,000 or more people to create at least one community garden, using a list of surplus state land the Department of Community Affairs must compile by the end of 2026.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-03)
- Last action: House Second Readers (2026-02-05)
- Sponsors: Sandra Scott, Mike Cameron, Viola Davis, Kim Schofield, Rhonda Taylor
- Official page: https://www.legis.ga.gov/legislation/72769
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1165.md?full=1