Community Gardens - Inspections and Conditions of Use

About Inspections and the Conditions of Use

Staff conduct regular inspections to make sure Montgomery Parks’ community gardens are providing maximum benefit to the community and to ensure that gardeners are good stewards of parkland while enjoying fresh nutritious food and community. Since the community garden is a shared space, the Conditions of Use and inspections help to create an environment where all gardeners can thrive.

Inspection Information & Processes

Community Garden Program Staff visit each garden approximately every 2 weeks during the growing season (April – November). During visits, staff inspect each plot to make sure the Conditions of Use are being followed and that there aren’t any issues with the garden. If a garden plot does not comply with the Conditions of Use, a check-in, warning, or violation notice will be sent to the garden permit holder via email. Gardeners will have about 2 weeks to bring the plot into compliance after receiving the initial notice; if additional time is needed, gardeners should communicate with staff and an updated timeline will be determined on a case-by-case basis.

After receiving multiple warnings and/or violations, the garden permit holder will be put on probation and/or the permit will be revoked. After a revocation is issued, the garden permit holder has 3 business days to submit an appeal. If an appeal is not submitted or is not approved, the plot will be returned to Montgomery Parks for reassignment, all fees will be forfeited, and the gardener will have 2 weeks to remove personal items from the garden.

Staff use an online inspection survey to record whether a plot complies with the Conditions of Use or if there are issues in the plot that need to be addressed. Using the inspection survey helps standardize the process across all gardens and plots, no matter which staff member is performing the inspection. This process also allows for more consistent and clear communication with gardeners. Staff use the inspection survey to consider the following:

Notice Type – If there are issues in the plot, how severe are they? What type of notice should the gardener receive (check-in, warning, violation)?
Seasonal Guidelines – Does the plot meet the appropriate spring, summer, or fall guidelines?
Neglected or Abandoned – Does the plot appear neglected or abandoned (overgrown, not planted, rotting produce, disease or pest infested plants, etc.)?
Weeds – Are there weeds in the plot? If so, are they noxious weeds (thistle, mugwort, nutsedge, etc.) or aggressive plants (mint, lemon balm, etc.)? How widespread are they?
Diseases, Pests, & Chemical Use – Is there evidence of unmanaged pest populations, unmanaged plant diseases, or use of non-OMRI listed pesticides?
Plant Debris & Trash – Is there plant debris or rotting produce in the plot? Is there trash?
Pathways – Are there weeds, plant debris, tools, wheelbarrows, or anything else in the pathway? Does the pathway need to be wood chipped or better maintained?
Deer Fence – Is the deer fence being maintained? Are crops growing on the deer fence?
Water – Are there open water containers or improperly sealed containers, leading to an increased risk of or causing mosquito breeding? Is water being hoarded or left unattended while running?
Shading Neighbors – Are there tall plants, trees, or shrubs in the plot that may be shading a neighbor? Is there a structure shading a neighbor?
Fencing & Structures – Are there fences or structures that are over 3 feet? If so, have they been approved by Community Gardens staff? Is a fence or structure posing a safety hazard?
Materials – Are unapproved materials being used in the garden (carpet, stone, or sod mulch)?
Gardener Misconduct – Have there been any incidents of gardener misconduct (harassing other gardeners, theft, use of alcohol, tobacco or other substances, pets in the garden) or disputes?
Park Rules & Regulations – Have any Park Rules and Regulations been violated?

Based on the answers to the above, staff may issue a check-in, warning, or violation notice. Once the inspection survey has been completed, an automated email will be sent to the gardener with a PDF attachment of the inspection report. The inspection report will include pictures and explain what issues need to be addressed within 2 weeks, before the following inspection.

Repeated warnings and/or violations will result in probationary status, permit revocation, or non-renewal. In extreme cases, gardeners can be banned from the program for up to 2 years.

Probation – This is the last notification and last opportunity for a gardener to retain their permit and continue gardening in the program. If a gardener receives this status, any warnings or violations thereafter are immediate grounds for revocation.

Probation will occur if gardeners receive:
- 2 consecutive violations (example: a violation is issued, and no changes are made before the next inspection, resulting in another violation);
- Or 3 warnings and/or violations throughout the season (example: violation is issued in June, warning is issued in July, violation is issued in September).

Permit Revocation & Non-Renewal – Revocation and non-renewal are severe statuses. They are issued after multiple warnings and/or violations, multiple attempts of leniency on behalf of Community Gardens staff, and with little or no work done by the gardener to address the issues in the plot. If a permit is revoked, the plot will be returned to Montgomery Parks for re-assignment and all fees will be forfeited. Gardeners will have 2 weeks to remove personal items from the garden.

Revocation will occur after:
- Any verbal and/or physical altercations with other gardeners or Parks staff;
- Or any violation of Park Rules and Regulations;
- Or 3 consecutive violations (example: a violation is issued in early June, another violation is issued in late June, and a third violation is issued in early July);
- Or 4 warnings and/or violations throughout the season (example: warning is issued in early June, violation is issued in late June, warning is issued in August, violation is issued in September).
Non-renewal will occur if a gardener meets the revocation requirements late in the season. For example, if a violation is issued in early September, a second violation is issued in late September, a warning is issued in October, and a third violation is issued in November, the permit would not be eligible for renewal, but the gardener would be able to garden until the end of the year, when the permit ends.

Conditions of Use

Gardens are subject to regular inspections. Failure to abide by rules set out in these Community Garden Conditions of Use (“Conditions of Use”) may result in the loss of your garden permit and plot. If a plot does not comply with the Conditions of Use, notice will be sent via email. The email will contain a PDF inspection report detailing the inspector’s visit and the issues that need to be addressed in the garden plot. A follow-up inspection will be performed about 2 weeks after the first email notice. After receiving multiple notices, the garden permit holder (“permit holder” or “gardener”) may be put on probation and/or the permit will be revoked. After a revocation is issued, the plot will be returned to Montgomery County Parks (“Montgomery Parks” or “Parks”) for reassignment and all fees will be forfeited. For more information about inspections, notices, and revocations: see the below section “Inspection Information & Processes.”

All plots are the property of M-NCPPC, Montgomery Parks, and it is hereby understood and agreed that the
Commission, Montgomery Parks, its officers, employees, and agents shall have the right of free access to all
plots to inspect and examine compliance with the Conditions of Use.
The Conditions of Use are subject to annual review and revision.
Plots are rented “as is” (current condition). Requests for assistance will be reviewed on a case-by-case basis.
Parks does not perform annual tilling to garden locations or plots.
All plot sizes are approximate. Variation in size and shape from plot to plot within each garden is normal.
Parks reserves the right to subdivide underutilized plots at any time.
Plots are not transferable to individuals outside of the garden permit holder’s household.
Plots that are given up or are revoked for cause will be returned to Parks for reassignment. It is the permit
holder’s responsibility to remove all items from the plot by the date set by Montgomery Parks. This includes
removing all personal belongings used by the permit holder during the gardening season including but not
limited to tools, trellises, and other structures from the plot; however, infrastructure that can be repurposed or
used (i.e., raised beds and fences) may be left in the plot. If items have not been removed, a $250 fee will be
placed on the permit holder’s ActiveMontgomery account.
Requests for refunds and pro-rated fees will be reviewed by Community Garden Program staff on a case-by-case basis. Permit holders assigned a plot from January – June will be responsible for paying standard permit fees. Permit holders assigned a plot from July – August will be responsible for paying 50% of the standard permit fee, rounded up to the nearest dollar (example: if the permit fee is usually $85, it will be $43). Plots will not be assigned to new permit holders from September – December. Refunds will not be honored beyond June.
Community Garden Program staff will send a Welcome Packet with plot rental confirmation, lock combination,
and directions for joining the electronic listserv once you have been assigned a plot and paid the permit fee.
Community Garden Volunteer Liaisons (“Volunteer Liaisons”) may request supplies provided by Parks on behalf
of the community gardens:
- Wood chips will be delivered to community gardens for distribution in communal areas, as needed.
- Compost will be delivered when it is available and is not a regular service of the program.

As members of the Community Garden Program, permit holders and accompanying gardeners agree to:

Maintain a current email address and phone number on file with Parks. Changes are the responsibility of permit holders and should be updated in ActiveMontgomery and sent to Community Gardens.
Join the Groups.io electronic listserv for the garden where they rent a plot. If permit holders do not have an email address, they must submit a phone number or mailing address for communication.
Attend mandatory Spring Orientation to prepare for the gardening season.
Contribute at least 8 hours of volunteer service to the garden each year. Volunteer Liaisons are authorized to identify tasks that meet the service-hour requirement for their garden. Examples of eligible tasks include participating in community workdays; filling the water cistern(s); weeding and wood chipping communal areas, fence lines, and pathways; picking up garden trash; organizing garden events; and helping with others’ plots when needed. Failure to contribute 8 hours may result in non-renewal or permit revocation.
Respect fellow gardeners, Volunteer Liaisons, and Montgomery Parks staff. Personal attacks and harassment will not be tolerated, whether online or in person. Verbal and/or physical altercations with other gardeners or Parks staff may result in a violation, immediate revocation of your garden permit, and in serious situations banishment from the Community Garden Program for up to two years. If you are unable to resolve an issue or dispute, please contact your Volunteer Liaisons, Community Garden Program staff, or Park Police.
Mark all personal items with your assigned plot number. Gardeners are not permitted to use or borrow any tools or items without the permission of the item’s owner. All borrowed items must be returned in the same condition or be replaced. Gardeners should not enter others’ plots without explicit permission. Taking produce or personal items is a violation that may result in immediate revocation of your garden permit.
If personal items are stolen, it is the permit holder’s responsibility to notify Parks staff and file a police report with Park Police.

Gardeners agree not to use plots for any other purpose than agriculture, which shall include a prohibition on, but not limited to, animal husbandry and raising any animals, nor shall any plot be used for the growing or storing of tobacco or cannabis.
Gardeners must adhere to the following seasonal guidelines. Dates may be adjusted at the discretion of Community Garden staff due to weather conditions; for example, unusually cold or warm weather that delays or extends the growing season, severe storms, or high amounts of rainfall. Adjusted dates will be announced via Groups.io at least one week before the original date.
- By April 1, the garden plot should be 20% prepared for the season. This includes activities such as weeding, adding soil amendments, digging, planting, starting seedlings, and cultivation.
- By June 1, the garden plot must be fully (90 – 100%) planted for the season. During the gardening season, dead plants and those that have stopped producing should be removed.
- By November 1, gardeners must remove weeds, dead plants, and summer garden debris from plots. Perennials, fall/winter hardy vegetables, and cover crops can remain in the plot.
Gardeners must maintain rented garden plots, adjacent paths, and adjacent interior and exterior fence lines by weeding and spreading wood chips.
Gardeners are required to work in their assigned garden plot at least once every week to maintain weeding, cultivating, watering, and harvesting. Notify Parks staff and your garden’s Volunteer Liaisons if you are away or not able to keep up with maintenance tasks due to travel, illness, or other circumstances.
Gardeners must store all tools, wheelbarrows, and other items inside the garden plot they are renting.
Garden paths must be kept open and clear of all items. Items left in the paths are subject to removal. Plot maps will be used to enforce the standard 36-inch pathways in most gardens.
Gardeners may not encroach into pathways or other garden plots.
Gardeners may not shade other plots. Tall plants should only be planted in a location where they will not shade neighboring plots; for example: the middle or furthest inside corner of the plot so that gardeners shade the plot they are renting, not other plots. Planting trees and large shrubs is discouraged. Gardeners must submit a request for approval prior to planting them; each request will be reviewed on a case-by-case basis.
Invasive, noxious, and aggressive weeds or plants should be removed from the garden to prevent them from spreading to other plots.
- For information about invasive plants, see Montgomery Parks Weed Warrior Program.
- For information about noxious weeds (thistles, johnsongrass, palmer amaranth) see Noxious Weeds in Maryland.
- For information about aggressive weeds (bermuda grass, mugwort, nutsedge, etc.) see UMD Extension’s resources for weed identification and weed management.
- Aggressive plants like mint, lemon balm, plants that produce multiple seeds or runners, and similar plants must be grown in above-ground, enclosed containers with closed bottom and sides. Roots should not be able to permeate the container. Aggressive plants may NOT be grown in raised beds or gardening tables of any kind.
Plant debris and waste must be placed in the garden debris areas. No burlap, plastic, or paper materials are allowed in the debris pile. Diseased and/or rotten plants and produce should not be placed in the debris pile as this may spread diseases and attract pests.
To reduce food waste and improve sanitation/pest control, Volunteer Liaisons may initiate periodic garden-wide harvests of ripe produce, beginning August 1. Gardeners will receive notice of these harvests at least one week in advance. Gardeners must opt out of these harvests by email or by placing a physical sign in their assigned plots requesting that food not be taken for the garden-wide harvest.
Plot markers should always be upright and visible. Gardeners shall not relocate any plot markers. Plot markers are not to be used as fencing material, plant structures, or watering can holders.

Community Gardens – Inspections and Conditions of Use

About Inspections and the Conditions of Use