HB1165: HB1165 Georgia Urban Sustainable Gardens Act; enact

House Bill 1165, called the Georgia Urban Sustainable Gardens Act, responds to concerns about food access in urban areas and unused public land. It directs the Department of Community Affairs, working with the State Properties Commission and the Department of Natural Resources, to compile by December 31, 2026 a list of unused state owned land suitable for community gardens. By December 31, 2027, and depending on land being available and the State Properties Commission's approval, every Georgia municipality with a population of 25,000 or more (based on the 2000 census or later) would have to establish and maintain at least one community garden. These gardens must be accessible to residents, coordinated with the state park system and nonprofits, and offer free garden plots. Municipalities, not the state, would pay for setup and upkeep, though they could also use their own land or accept donations. The State Properties Commission could lease state land to cities for this purpose.

• Creates a new legal article in the Department of Community Affairs' governing law (O.C.G.A. Chapter 8 of Title 50) establishing a community garden program.
• Requires the department to compile, by December 31, 2026, a list of unused state owned land suitable for community gardens.
• Requires municipalities with 25,000 or more residents to establish, operate, and maintain at least one community garden by December 31, 2027, subject to land availability and state approval.
• Requires those community gardens to offer free plots to residents and to coordinate with the state park system and nonprofit organizations.
• Places the cost of establishing and running municipal community gardens on the municipality's own budget or outside donations, not state funds.
• Authorizes the State Properties Commission to lease or otherwise make state land available to municipalities for gardens and requires state agencies to cooperate.

Municipal governments in larger Georgia cities, the Department of Community Affairs, the State Properties Commission, the Department of Natural Resources, residents seeking garden plots, and nonprofit organizations that would help operate the gardens.

Residents of larger Georgia cities could gain free access to garden plots for growing food, herbs, or flowers, potentially improving access to fresh produce. Municipalities would face a new obligation to fund and manage gardens, and state agencies would need to identify and share unused land.

• Section 1 names the law the 'Georgia Urban Sustainable Gardens Act.'
• Section 2 states legislative findings on food insecurity, unused public land, and benefits of community gardens.
• New Code Section 50-8-320 defines terms including 'community garden,' 'municipality owned real property,' and 'state owned real property.'
• New Code Section 50-8-321 requires the department to compile a list of suitable unused state land by December 31, 2026, using criteria developed with experts.
• New Code Section 50-8-322 requires municipalities with 25,000+ residents to establish at least one community garden by December 31, 2027, sets accessibility and coordination requirements, and assigns funding responsibility to the municipality.
• New Code Section 50-8-323 authorizes the State Properties Commission to lease state land to municipalities and requires state agency cooperation.
• Section 4 repeals conflicting laws.

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 access
• state land use
• local government