A Des Moines woman fighting a city citation over her right-of-way vegetable garden can continue growing food there until Nov. 2 under an agreement reached Wednesday.
Why it matters: The settlement could ultimately save Allison Stuart’s garden as the city’s Food Sustainability Advisory Committee reviews rules that prohibit edible plants in the space between sidewalks and streets.
Catch up quick: Stuart appealed a nuisance violation involving three garden beds near her home in the Drake neighborhood, located between the sidewalk and the street.
- In 2024, the City Council unanimously imposed a moratorium on enforcing such citations while it reviewed a task force’s recommendation to allow more fruits and vegetables to be grown in similar areas.
Last year, the City Council updated an ordinance to make it clearer that edible plants are not allowed in the right-of-way.
- They can get in the way of necessary utility work and block visibility, leading to accidents and lawsuits, city officials have said.
The intrigue: Steve Naber, DSM’s engineer, told the hearing officer on Wednesday that the gardens can also expose the city to other liabilities that people don’t consider, such as dogs eating vegetables that are not fully ripe, which he said can be hazardous to them.
- He also said he was not aware of discussions to change the code and does not recommend changing it.
Yes, but: The City Council referred the matter to the Food Sustainability Advisory Committee during its Aug. 3 meeting…