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Vermonter urges committee to enshrine a right to grow food, cites HOA barriers in South Burlington
Summary
A South Burlington resident told the Agriculture, Food Resiliency, & Forestry committee that homeowner covenants and developer-drafted bylaws prevent many residents from growing food at their homes and urged lawmakers to enact a statutory right to garden that accommodates raised and container beds near outdoor spigots.
A South Burlington resident told members of the Agriculture, Food Resiliency, & Forestry committee she wants a state law guaranteeing Vermonters the right to grow food in their yards and on adjacent common land, arguing existing homeowner association (HOA) covenants and developer-drafted declarations often prohibit food gardens.
"I am the citizen coming in who is the person who's really worried about HOAs and the town regulating whether or not I can grow food," testified Chera Feidelberg, a Stonehenge North resident. Feidelberg said she worked with neighbors who proposed several options — in‑ground plots, raised beds, elevated beds and container gardening — but that HOA governance has blocked those changes.
Feidelberg gave the committee concrete details about her development: Stonehenge North has 77 residents and the property provides 18 central garden plots, which she said many neighbors cannot use because plots are distant from most units and water spigots. She urged language that would allow gardening "within reasonable distance of your outdoor spigot" and specifically sought provisions to permit raised or elevated beds and container gardens to accommodate residents with mobility limitations.
Committee members asked for clarifying language and noted the Common Interest Ownership Act shapes how declarations and bylaws are drafted. Feidelberg said developers typically create declarations at sale that are difficult to change later because some associations require supermajorities — she cited an 80% threshold from her research — to amend common‑interest rules.
Feidelberg framed the proposal as a resilience and equity measure, citing recent food‑price increases and workforce uncertainties. "Vermont, she's got her feet on the ground," she told the committee, urging lawmakers to align any statutory change with the 2026 growing season so residents could plan for the coming year.
The chair and several members expressed general sympathy and said the committee would consider language that balances curbside appearance with residents' access to gardening. No committee vote or formal action was taken during her testimony; members asked Feidelberg to provide the drafting packet she previously sent to the bill sponsor for the committee's review.
