This resource summarizes zoning laws that promote and support agriculture in urban municipalities and highlights examples of strategies from around the country. Additionally, the resource furthers the Healthy Food Policy Project’s goal of identifying local policy options that support access to healthy food.¹ In order to provide the most current understanding of the national landscape and allow for comparison of practices and identification of potential barriers, this resource focuses specifically on urban agriculture zoning laws that local governments have passed within the last ten years (2009-2019).

Cities and other municipalities usually have a number of individual zoning laws that make up a larger collection of laws. These individual zoning laws are sometimes called ordinances. However, it should be noted that when an entire group of zoning laws are enacted at the same time, the entire collection is sometimes also referred to as a single ordinance. For consistency in this resource we will refer to a city’s collection of zoning laws as its zoning code and the individual provisions within that collection as zoning laws. Zoning codes are often contained as subsections, chapters, or titles within larger city codes that contain other collections of law related to other areas of municipal governance.

This guide includes an overview of the authority of local governments to develop zoning designations, zoning’s influence on urban agriculture practices, an analysis of suggested practices and equity considerations, as well as an overview of the zoning law amendment process. This resource is intended to be used by planners, local policy makers, and food policy councils and is aimed at cities that have not yet taken an in-depth look into their zoning codes. These cities may benefit from including the types of laws suggested below in their zoning codes to encourage urban agriculture activities. However, it is important to note that there are many cities innovating in ways that are not covered in this resource and that it does not intend to be a fully comprehensive list of the most innovative examples, but rather it can serve as a foundation for cities to start from when looking at improving their zoning laws for urban agriculture.

The federal government is limited in its scope of authority under the U.S. Constitution, leaving states with a broad range of powers under the 10th Amendment.² Included in states’ authority is police power—the ability to create laws to protect the health, safety, and general welfare of the public.³ The authority to regulate the use and development of land comes from states’ police power. As such, any land use regulation must be consistent with protecting public health, safety, and welfare, or could be declared unconstitutional if challenged.⁴

Police power belongs to state governments, but most states delegate the authority to municipal governments through either (a) constitutional or legislative authority to enact home rule provisions or (b) enabling statutes authorizing zoning and other land use regulations.⁵ The United States Constitution grants no powers to local governments, and they depend solely on their state to give them authority to govern.⁶ Therefore, in order for a local government to regulate land use, the state constitution or state legislature must explicitly give it that power.⁷

It is also important to understand how local governments receive land use regulation power from the state in order to suggest appropriate changes to zoning codes that conform to the enabling statute and authority granted by the state, and do not conflict with applicable state and federal laws.⁸ A local law is preempted if it conflicts with a state or federal law.⁹

Land use plans, which are sometimes components of larger comprehensive plans, can help guide cities in exercising their delegated police powers by prioritizing long-term goals for future development decision-making.¹⁰ These plans can support urban agriculture by encouraging beneficial development of land and promoting positive outcomes for the city.¹¹ Land use plans can also be used by local governments to develop policies and regulations that encourage healthy food production for residents. These plans are often seen as “roadmaps,” guiding land use laws towards specific objectives established by the municipality.¹² Not all states require these plans, although most municipalities are given sufficient authority by the state to establish a land use plan, which can help guide zoning to meet the community’s needs.¹³

Zoning is one of the tools used to implement land use plan objectives.¹⁴ Once a land use plan is adopted by a municipality, any zoning laws generally have to be consistent with the objectives of the comprehensive plan.¹⁵

Urban Agriculture

Differences in scale, production method, location, and stated goal of the operation can make it difficult to define urban agriculture.¹⁶ The United States Department of Agriculture (USDA) has not defined urban agriculture and does not report data and statistics on urban farming activities in the United States, so national data is lacking.¹⁷ For purposes of this resource, urban agriculture means “the growing, processing, and distribution of plant and animal products- by and for the local community- within an urban environment.”¹⁸ This resource also relies on the definition of “urban” used by the Bureau of the Census which includes “all territory, population, and housing units located in urbanized areas in places of 2,500 or more inhabitants.”¹⁹ Production methods and scale of urban agriculture can vary from subsistence growing (growing for personal or family consumption) to recreational community gardening on a small scale to large-scale commercial enterprises.²⁰ Growing can take place in a variety of locations, from empty public land to rooftops and indoor closed-loop aquaponics systems.²¹ In the United States, motivations for encouraging urban agriculture include not just food security but also development of local and regional food systems, reduction of food waste, community building, increasing the amount of open green space in cities, and raising property values.²²

Zoning is a regulatory tool that local governments can use to control what is allowed on an area of land within the city.²³ Separating land into zones prevents nuisances and allows local governments to have more control when regulating different types of land use.²⁴ Most zoning takes place at the city or town level, but county or regional laws may also regulate some of the same uses.²⁵ Historically, zoning has been focused on separating uses of land that were deemed incompatible, such as urban land use from agricultural use.²⁶ In regards to agriculture use, rural localities may worry that zoning may restrict agricultural productivity and reject zoning altogether.²⁷ Urban areas are now more often being planned with mixed-use zoning in order to integrate commercial, residential, institutional, and agricultural uses.²⁸

As they are currently written, zoning codes frequently restrict or prohibit agricultural activities, especially in residentially zoned areas.²⁹ Updating zoning codes to reduce restrictions on agricultural uses and provide guidance on proper use has the potential to increase residents’ access to healthy food in the area.³⁰ Allowing residents to grow their own food or encouraging small growers to produce food in food-insecure areas can increase access to healthy food.³¹ By ensuring that food production is properly regulated and managed, local governments can create a mixed-use land pattern that incentivizes healthy food production in all zones while ensuring community concerns and quality of life issues are addressed.³²

A crucial step in increasing food access and urban agriculture activities is to remove any express barriers that exist in the current zoning code. In addition, cities should consider enabling language to confirm and memorialize which urban agricultural activities are allowed and where. While zoning codes are often not written to specifically prohibit urban agricultural activities, the absence of express permission may deter potential growers. Cities with delegated authority to do so may make these changes through zoning code amendments³³ or by rewriting and replacing their entire zoning code.³⁴

The following is a list of laws for your city to consider including in your zoning code, if they are not already included. They correspond to zoning code related policies identified in the University of Wisconsin-Madison’s Food Policy Audit, which is based on the Center for Resilient Cities Food Policy Audit Tool.³⁵

Both tools provide a relatively easy way for local governments to survey their zoning codes and policies, programs and practices to identify areas where changes may be needed. After auditing your city’s code, you may use the practices and suggestions below to help guide zoning changes that support urban agriculture activities.

Provide clarity on agricultural terms

Without clear definitions of agriculture terms, the zoning code may discourage urban food production through ambiguous language and unclear regulations. Potential growers may have a difficult time discerning what is allowed and refrain from producing food due to fear of a possible violation or fine.³⁶

Many cities do not include a stated goal of equity directly in their zoning code. However, Portland, Oregon’s Zoning Code provides an example of how a city could do this. It states that the goal of allowing urban agriculture is to “increase affordable, healthful, food for all, especially for those who may have limited options because of location, access, or income.”⁶⁹ This statement focuses on urban agriculture as a tool for food access, rather than a potential by-product. By specifically stating a goal of equitable access of food for priority populations, Portland creates a culture and understanding around urban agriculture in the City that attempts to mitigate some of the potentially negative effects of urban agriculture. It is important to consider the impact policies have on priority populations to ensure land use policies do not worsen gentrification through rising land prices.⁷⁰

Additionally, Golden, Colorado, Municipal Code section 18.26.010 requires farmers’ markets and neighborhood markets to accept SNAP benefits and sell a certain amount of SNAP-eligible foods. This inclusion ensures that locally produced food is available for people who may be unable to pay traditional market prices for local produce, as well as, creating an incentive for producers to work and sell in communities that need additional food suppliers. By including SNAP requirements, the City also tries to encourage sales to people who need the food, rather than sale for profit to high-end restaurants.

Another barrier to equitable participation in urban agriculture is often land acquisition.⁷¹ For farmers looking to grow commercially or on a larger scale, having a community garden plot on city land may not be enough to be productive or economically viable. Residents wanting to produce their own food may not have the financial means to pay for land rental fees. The ability to purchase or lease land from the city or other private landowners for agricultural use is often cost-prohibitive for community members that may benefit the most from urban food production. Cities should consider what land is available and set up policies to help residents purchase or lease land for urban agriculture often through separate policies rather than written into the zoning code itself. For more information about farmland access visit the Farmland Access Legal Toolkit.

Some cities have developed policies and programs that allow the use of vacant city lots for agricultural production,⁷² and may also provide guidance on the soil remediation of potential contamination to protect public health.⁷³ Additionally, some cities have established land banks to acquire vacant or blighted land and work with growers to turn the land into productive urban agriculture plots.⁷⁴ These policies can help people with limited financial resources find and access land for agricultural production.⁷⁵ While these policies are often not located in the zoning code, it is important to understand the challenges of accessing land to investigate what else a city can do to encourage agricultural growth. Additionally, it is important to consider that development or economic pressures may add to the difficulty of land access besides just the financial aspect.⁷⁶

The zoning process is highly localized, meaning cities often have their own procedures on how to go about amending or changing the zoning code. Generally speaking, however, zoning codes begin with the Planning Commission, an elected or appointed board of officials that draft and recommend changes to the City Council.⁷⁷

• Before going to the Planning Commission (Commission), gather a coalition of interested parties who would be directly affected by a zoning change for urban agriculture. This could include urban farmers, gardeners, community development organizations, community members, food pantries, local businesses, etc. It is important to include as many interested parties in the process as early as possible so all concerns and issues can be raised and discussed fully. Good facilitation is key in order to ensure that all members feel acknowledged and valued.⁷⁸
• Changes are frequently proposed to the Commission through a city official.⁷⁹ Private citizens can usually request a specific zoning change relating to their personal property, but it is usually more efficient to get a city official, like the City Administrator, on board for a more comprehensive zoning change.⁸⁰ City officials are usually responsible for proposing and presenting changes to the Commission, so having a city official work with the coalition of stakeholders can lend the group credibility with the Commission.⁸¹
• The Commission may create a Working Group. The Working Group can include community stakeholders to help craft an amendment or new zoning section, depending on the proposed changes.
• A public hearing will be held after the Commission drafts a new change or zoning section. This is where members of the community can come and raise concerns or voice support⁸²
• The changes go to the City Council, which must host another public hearing after the Commission recommends passage to the City’s legislative body.⁸³ Often the Council hearings are much more widely attended than the Commission hearings, so there may be more opposition raised at this meeting.⁸⁴
• The City Council votes on the proposed change, and if it passes the Mayor signs the resolution and it becomes part of the City Code (“codification”).⁸⁵
• After codification, it can be helpful for the city to publish a document or resource* on the new zoning code and how it relates to urban agriculture. Some cities also provide the contact information for a city official to encourage residents to reach out with questions. This can create open lines of communication between potential growers and city officials and reduce any confusion.

If a group is suggesting a change to the zoning code, the change will often be included in the zoning code as an amendment that adds a new section or new definitions and clarity to an already existing zoning code. An entire rewrite of the zoning code with inclusions for urban agriculture is possible and has happened, but due to the cost associated is unlikely unless the city is already planning on rewriting the code.⁸⁶

Local governments have the unique power to encourage urban agriculture through municipal ordinances, zoning codes, and land use planning. Urban agriculture can in turn help cities achieve their goals of encouraging healthy eating, reducing inequities in the food system, increasing the food security of their constituents, supporting economic and community development, and creating green spaces to beautify the city. If given the power, local governments can use zoning to:

• Define urban agriculture terms
• Specify where urban agriculture activities are allowed
• Allow on-site sale of agricultural products
• Allow for small-animal husbandry (with considerations for potential nuisances)
• Allow non-commercial food production
• Allow accessory structures
• Encourage equitable access to land and resources

It is important to remember that zoning codes are one area of local government law, and some aspects of urban agriculture may fall under additional legal requirements. When crafting urban agriculture-friendly zoning, municipalities should keep in mind other local and state regulations that may affect the goal of their land use policy. Additionally, it is important to understand that policies may have externalities that may unintentionally and adversely affect certain populations. Including a variety of community members and organizations when drafting new zoning language may help mitigate some of these externalities. And adopting agriculture-inclusive zoning code modifications can still be a significant step towards increasing food production and food access for priority populations.