It’s been a great summer for gardening, whether it’s in pots, raised beds or right in the ground.
But some Mainers living in apartments fear they’ll soon lose the option to grow their own food.
Terry asked the CBS13 I-Team:
“I live in low-income housing. For years, we’ve had planters outside our units to grow vegetables to help us save money. Now the management company is telling us to remove them. Is this legal? I thought we had a right to grow our own food in Maine.”
The planters at Terry’s complex sit right outside the front doors of many of the units.
Vegetable garden (Contributed)
In a letter to tenants, the management company said those planters need to be removed because they “attract unwanted animals” to the property.
But Terry is right that Maine has protections related to growing food. In 2021, Maine became the first state in the nation to establish a right to food in its constitution.
Last year, the state also passed a Vegetable Garden Protection Act, which further protects that right.
The law says “an individual has the right to cultivate vegetable gardens on the individual’s property or on the private property of another with the permission of the owner of that property.”
So, can the landlord of an apartment complex, which is considered private property, restrict a tenant’s right to grow their own food?
The Maine Department of Agriculture, Conservation and Forestry told the I-Team it couldn’t weigh in, writing:
“DACF cannot provide legal advice or determine the rights of the parties in an individual landlord-tenant matter.”
So, for now, it’s a question without a clear answer for renters.
Vegetable garden (Contributed)
The I-Team reached out to Terry’s management company to ask whether it believes the new planter policy is consistent with state law but has not heard back.
Terry says she and her neighbor now plan to appeal the decision.
Have a question for CBS13 I-Team? Call their tip line at (207) 228-7713 or send an email to tips@wgme.com.
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