While not fully designated as city park land under the original regulations of 2002, community gardens were at least protected as "open space", and were placed under the jurisdiction of the Parks department for their preservation as community gardens. The use of their land for purposes other than gardening was subject to environmental review as well as a land use and disposition review. This meant that if any development were to be planned upon the site of an existing community garden, there would be a protocol in place to ensure the responsible use of that land, in order to fully understand the environmental and community impact of removing a garden in lieu of a new development of any kind. Among other enforcements, these rules sought to ensure that neighborhood gardeners could operate with security, knowing that their gardens would be protected by the city.
The new proposed regulations, however, contain none of the language from the original document which set gardeners' minds at ease. To the contrary, the future of community gardens is being threatened by these new rules which do not provide any sort of preservation guarantee, nor do they ensure the protection of garden land in the face of urban development. The key language excluded from the draft, which contained in the 2002 memorandum and was a major point of satisfaction for gardeners, states that lots designated as community gardens will be "offered to the Parks Department for preservation as community gardens or open space." This statement is integral to the protection of urban gardens, and its exclusion is the cause of much grief in NYC community gardening circles.
The city is currently accepting public comments on the drafted material, and it is highly recommended that those with an interest in NYC's urban gardens read the draft and make their voices heard. A local garden blogger has included on their website instructions for how to do so. In addition, a public hearing is to be held on August 10th at the Chelsea Recreation Center in Manhattan, to which any and all with an interest in community gardens should be present. The New York City Community Garden Coalition has listed great resources for those who are interested and want to get involved, including a letter which summarizes the situation and calls on community members to take action.
The community of gardeners in New York City are not allowing these new regulations to pass quietly. In fact, the buzz circulating throughout city organizations, parks, and neighborhoods is such that the potential response of individuals -whether it be at the hearing, over the phone with 311, in writing to the Parks Department, or on the web in public commentary- is enormous. These regulations have not been passed yet. There is still time for NYC communities to rally around the gardens that keep them healthy and safe, to make absolutely sure that these spaces of growth and harvest, of teaching and learning, of sharing, laughing, and loving, will remain in their neighborhoods for generations.
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