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Community Law Center
Lawyers for Neighborhoods & Nonprofits
Archived Posts
These ran as a blog from 2012 to 2015. The contents are not kept updated.
On March 9, 2013, a handful of East Bay nonprofits held an event entitled: “Legal Eats: A Legal Workshop for Community Food Enterprise.” The event was co-sponsored by: the East Bay Community Law Center (EBCLC), Green Collar Communities Clinic (GC3), Sustainable Economies Law Center (SELC), People’s Grocery, Oakland Office of Parks and Recreation, and the …
Under Maryland’s 1998 Water Quality Improvement Act, any farm, urban or rural, which brings in over $2,500 in gross revenue per year or has over 8,000 pounds of animals is required to file and follow a nutrient management plan (NMP) with the state. NMPs are designed to reduce the amount of agricultural pollution into the …
Like Philadelphia, Baltimore City is currently updating its zoning code through a process the city has named “Rewrite Baltimore.” You can find the current version of Baltimore City’s proposed zoning code at: http://legistar.baltimorecitycouncil.com/attachments/9707.pdf In the proposed code, urban agriculture as a land use requires a conditional use permit in every zone of Baltimore City except industrial zones. In …
The city of Philadelphia is currently rewriting its zoning code. City Councilman Brian O’Neil proposed an amendment to the code that would require urban farmers and gardeners to obtain a “special exception” to garden or farm in mixed-use commercial areas. Under the “special exception” proposal, urban farms and gardens would have to apply for and receive permission …
Board members of fledgling nonprofit groups typically have one question on their minds: how can my organization qualify to receive grant funding and other tax-exempt donations? First, your group must incorporate in your state. Second, your group must apply to receive recognition of 501(c)(3) tax exemption from the federal Internal Revenue Service (IRS). This process …
Many cities, including Baltimore City, have created systems by which city residents can “green” an empty city-owned lot in their neighborhoods. But what can residents do about privately-owned lots that are covered with weeds, trash, or worse? Self-help nuisance abatement is a procedure by which a neighbor may enter such a privately-owned space and clean …
Another day, another conflict among an urban farm, a neighbor, and various levels of government. Dorsey Barger runs HausBar Farms, a 2-acre farm in Austin, Texas: home to “two donkeys, a goat, three pet birds, hundreds of chickens, dozens of rabbits, some geese, a few ducks, two humans, tons of sustainably grown vegetables, lots of …
A short post this week before the winter holidays begin: The New York Times ran a story this week on urban gardeners who are fighting against both city bureaucrats and neighbors to keep their crops. The issue brings together unlikely allies: libertarians from groups like Institute for Justice and progressive sustainability advocates. It’s an interesting look …
PolicyLink has created a new report, entitled Growing Urban Agriculture: Equitable Strategies and Policies for Improving Access to Healthy Food and Revitalizing Communities. I would encourage you to look through the entirety of the report, which outlines challenges and solutions for urban agriculture in the United States, but one statistic jumped out to me: “Only 5.3 percent of gardens in …
Here’s how Community Supported Agriculture (CSA) works: A farm offers a certain number of “shares” of its produce to consumers, who pay a flat rate at the beginning of a growing season. The members then receive a share of the farm’s food regularly (usually weekly) throughout the season; in this way, the members share the …
Let’s say you want to raise some money for your community garden group. You’ve accessed some local grants, but you’d like to expand your fundraising reach. You might think that starting an online campaign through crowdfunding platforms like Kickstarter, IOBY, and Indiegogo or even putting a “donate” link on your website might be a good place …
An Orlando front-yard gardener is defending his garden after city officials informed him that his land did not conform to city code. According to an interview with the gardener, the city considers this front yard garden to be an “agricultural use,” which goes against the residential character of the neighborhood and is therefore a zoning …
Recently, a reader left the following question as a comment on a post about the Adopt-A-Lot program: “I have started a for profit LLC urban farm. In both the request to use city water and the Adopt a Lot license agreement, the agreement is for what is referred to as “Community-Managed Open Space”. Although our …
Today’s post is a spotlight on a super-engaged, inspirational CLC client doing wonderful greening work in Southeast Baltimore: C.A.R.E. Community Association, Inc.. As part of Baltimore City’s Adopt-A-Lot program, C.A.R.E. has adopted over 80 vacant lots! Recently, CLC assisted C.A.R.E. in adopting the vacant lots at 2107-2109 Orleans St, just a few blocks east of …
If you live in Baltimore City and plan to tend a parcel of land under an Adopt-A-Lot license agreement, it may seem easy to get access to water: just fill out the online Community Managed Open Space Water Access Request Form, pay $120.00 for the growing season (March to November), and the city will provide …
Building a sound organizational structure by writing out a complete and accurate set of bylaws may not be the most thrilling endeavor for urban farmers and gardeners, but it can make all the difference in the health, longevity and strength of a group. An example: South Central Farm. The 2008 documentary “The Garden” followed a group …
Here’s a link to a new CLC handout on how to understand the legalese involved in Baltimore City’s Adopt a Lot license agreements: Adopt A Lot License Agreements. Many other cities use very similar agreements; is yours the same or different? Do any of the provisions of the license agreement surprise you? Any other thoughts or …
On the afternoon of September 19, 2012, community gardener Ellen Crist stopped by her plot to pick some late summer vegetables for dinner and found that the garden had disappeared. A local nonprofit organization, Green Urban Initiative, had built the garden in the spring of 2012 under an Adopt-A-Lot agreement with the city of Harrisburg, …
Farmers of all cultures and backgrounds tend to share a culture of reciprocity: since the work of growing ebbs and flows throughout the season, farmers often pool their efforts during busy times. Under the US’s Fair Labor Standards Act, however, volunteer work for a for-profit business is illegal. Agricultural workers are exempt from the FLSA’s minimum …
View more videos at: http://nbcphiladelphia.com. The City of Philadelphia has threatened to sue city businessman Ori Feibush for trespass after he spent $20,000 of his own money to beautify a trash-filled city-owned vacant lot next to his business, without city permission. Read more here: Was Spruce-Up of Point Breeze Lot a Trespass? As outlined previously …
Adverse possession is a legal tool through which a person or organization gains title to land by, essentially, squatting on that land. The elements of adverse possession are slightly different in each state, but most states require that the squatter’s use be (1) actual (2) open & notorious (3) continuous (4) hostile and (5) exclusive …
Baltimore City recently unveiled a streamlined Adopt-A-Lot program through which the city allows residents to apply to build a garden, park, or other community space on a vacant city-owned lot. Through the program, the city gives community gardeners and farmers a license to do certain activities on the property. CLC has put together a short informational …
On August 7, 2012, Whitelock Community Farm in Reservoir Hill and Linden Food Market celebrated a new partnership in which the store will sell fruit and vegetables grown at the nearby urban farm; this agreement is part of a pilot program sponsored by the Johns Hopkins Bloomberg School of Public Health and the Baltimore City health …
The Urban Agriculture Law Project is now a project of the Community Law Center in Baltimore! As of August 1st, I am the new Staff Attorney for the Pro Bono Program at CLC. I am incredibly proud that my urban agriculture legal research is being folded into CLC’s important and longstanding work on behalf of neighborhoods …