N.Y. General Municipal Law § 96: Municipal community garden activities

§ 96. Municipal community garden activities. 1. A municipality is

authorized to hold land, however acquired, either in fee or of a lesser

interest, or by lease, contract or agreement with the owners and to

allow same to be used for community gardening under the terms and

conditions established in article thirty-eight of the executive law, as

applicable, for such period of time and under such further conditions as

may be authorized by local law. Such use of land is a valid exercise of

municipal powers. A municipality may encourage individuals, community

organizations and groups to use vacant lands and municipal facilities

for such period of time and under such conditions as the municipality

may determine for use in community garden programs, including but not

limited to, a condition that users possess liability insurance and

accept liability for injury or damage resulting from use of the vacant

public land for community gardening purposes. A fee related to

preparation of assigned lots may be charged participants.

2. A municipality may establish a program in conjunction with the

cooperative extension or county extension association for ready

identification of accessible land resources in the municipality

available for such programs. Any community garden program should to the

fullest extent practicable be community in scope in order that all

interested families and individuals, who reside in the area, be afforded

an equal opportunity to use available plots subject to reasonable

continuing tenure.

3. A municipal corporation may assist the development of a community

garden by contributing, or providing at cost, from resources under the

control of the municipality, upon agreement with the user of such land

as approved pursuant to the local finance law: initial site preparation,

including top soil and grading; water systems; perimeter fencing;

storage bins or sheds, and other necessary appurtenances or equipment.

4. At the discretion of the municipality, fertilizer including

municipally produced compost, seeds, or tools may be procured in

quantity and made available at cost to community groups involved in

garden projects. A tool lending facility may be established by the

municipality so that gardening tools are available on an equitable

rotating basis to all members of the community. Such assistance shall be

a valid municipal purpose.

5. For the purposes of carrying out the provisions of this section, a

community gardening program may be deemed part of a youth or senior

citizen program.