Community Gardens – Conditions of Use and Inspections

About the Conditions of Use and Inspections

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.

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.”

Montgomery Parks Provisions

• 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.

General Garden Rules

• All Montgomery Parks Rules & Regulations apply to the community gardens.
• Permit holders and accompanying gardeners are responsible for keeping garden gates closed and locked. Combinations to the garden locks shall not be shared.
• Visitors are not permitted in the garden unless accompanied by a current garden permit holder.
• Children are welcome in the garden but must always be supervised by a responsible adult.
• Organizations and/or groups may be issued a garden permit if written notification is sent to Community Garden Program staff disclosing the organization’s name, primary household/main point of contact, and plans for the use of the plot. In addition, a list of group members and/or volunteers must be provided in advance.
• Community gardens are trash-free, carry-in, and carry-out facilities. All trash must be removed from the site and disposed of by gardeners. Garden locations with consistent trash issues are subject to reduced material deliveries and/or garden-wide violations.
• Due to the sensitive nature and human consumption of many plants in community gardens, pets of any kind are not allowed within the community garden fence. Service Animals, as defined by the Americans with Disabilities Act (ADA), are welcome in the community gardens.
  • Per the ADA, “A service animal is defined as a dog that is individually trained to do work or perform tasks for people with disabilities.”
  • Emotional support, therapy, comfort, or companion animals are not allowed in the garden. They do not qualify as service animals under the ADA because they have not been trained to perform a specific job or task.
  • Please visit https://www.mncppc.org/Accessibility, Notice 15.01B, for more detailed information.

Gardener Requirements and Conduct

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 CommunityGardens@MontgomeryParks.org.
• 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.

Gardening Guidelines

Plot Use and Maintenance

• 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 of the plot so that gardeners only shade the plot they are renting.
  • Planting trees and large shrubs is not permitted without approval from Community Garden Program staff. Gardeners must submit a request and receive approval before planting them. Each request will be approved or denied on a case-by-case basis. Requests for trees or large shrubs in plots under 400 square feet will not be approved.
  • Approved trees and large shrubs must be regularly maintained to prevent encroachment into pathways and/or shading of other plots. Trees and banana plants cannot be taller than 8 feet. Fruit trees should be pruned each spring; banana plants should be trimmed back each fall. Only 1 banana plant, with a maximum of 3 offshoots, is allowed per plot. Additional shoots must be removed.
  • If a permit is terminated for any reason (plot revocation, non-renewal, gardener is moving, etc.), it is the gardener’s responsibility to remove all trees and large plants from the plot. Failure to remove these items may result in a $250 fee applied to the permit holder’s ActiveMontgomery account.
• 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.

Fencing and Structures

• The deer fence may not be used as a trellis or plant support and should be kept free of weeds. Plants (including weeds and crops) attached to the deer fence are subject to immediate removal.
• Fences up to three feet high may be installed in garden plots, inside plot boundaries. The materials must be neutral in color (black, grey, green, silver are okay; red, yellow, orange are not), and must not create tripping or other safety hazards. Fences must always be kept weeded. Parks reserves the right to remove fences that are unsightly or negatively affect gardeners or other plots. Removal will be at the gardener’s expense. Requests for higher fences should be sent to Community Garden staff and will be reviewed on a case-by-case basis.
• No structures over three feet tall, of any kind, may be built or installed without prior written approval by Montgomery Parks; this includes fences and temporary and/or seasonal plant supports and trellises. Fences and structures over eight feet tall will not be approved. All requests should be submitted via the Structure Request Form before a structure is installed. Requests for new and temporary (lasting for one season or less) structures must be submitted and approved annually. Requests for structures that will remain in the same location for multiple seasons must be submitted and approved every two years. Approval should be granted in writing from the Program Manager or Assistant Program Manager before proceeding with any structure installation. Community Garden staff reserve the right to request changes to existing structures and/or revoke approval for structures that do not meet the guidelines or that are negatively impacting other plots.

Fertilizers, Pesticides, and Wildlife

• To improve the soil, manage weeds and pests, and maintain the garden’s appearance, the application of mulch, newspaper, or cardboard is strongly recommended. Carpet, stone, and sod mulch are not allowed.
• Soil tests are recommended before adding fertilizer to the plot. Gardeners should reference the Maryland Department of Agriculture guidelines when using fertilizers.
• Organic practices with an emphasis on good sanitation are strongly encouraged in all parts of the community garden. Good sanitation practices include harvesting produce in a timely fashion, removing rotting or diseased produce, pruning or removing diseased plants, handpicking pests, using row covers, and removing weeds.
• All pesticides (insect, disease, and weed control products) used in the garden must be OMRI-listed or organic. For more information, see organic weed control products and organic insect and disease control products.
• Montgomery Parks will provide 48-hours’ advance notice if chemical application is necessary in or around the garden. In situations where risk to human health is an emergency and top priority, Parks will conduct an emergency chemical application. A notice will go to gardeners with an explanation, time, and details of application. Chemicals will be applied by Certified or Registered Pesticide Applicators and in accordance with State and local guidelines. The entire garden may be temporarily closed during an application.
• Gardeners are not allowed to trap animals (ground hogs, raccoons, rabbits, etc.) in community gardens at any time. Animal and pest problems should be reported to Volunteer Liaisons and/or Community Garden staff.

Water

• Water is available from early April until late October. Gardeners must provide their own water before April and after October.
• Water containers that are not sealed properly and/or tightly will be emptied by Montgomery Parks staff to deter mosquito breeding. For more information, see UMD Extension’s resources on controlling mosquitoes.
• Always practice water conservation. Gardeners must be present when watering; do not leave running water unattended.

Inspection Information and 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.

Why do staff conduct inspections?

Staff conduct 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. Regular inspections help to guarantee that gardeners are using best practices in the garden. This includes promptly addressing weeds, pests, and diseases in the garden to prevent them from spreading to neighboring plots. Since the community garden is a shared space, inspections help to create an environment where all gardeners can thrive. Conducting frequent inspections allows us to balance being the best stewards of parkland and enforcing the Conditions of Use, therefore helping us make sound decisions when plots are not being actively maintained.

How do staff conduct inspections?

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, and Chemical Use – Is there evidence of unmanaged pest populations, unmanaged plant diseases, or use of non-OMRI listed pesticides? 
• Plant Debris amd 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 and 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 and 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.

What are the three types of inspection notices?

Depending on the degree of non-compliance, gardeners may receive a check-in, warning, or violation.

• Check-In – This notice serves as a reminder about the guidelines stated in the Conditions of Use. A check-in will be sent if there are one or more minor issues in the garden plot or if it is the gardener’s first time receiving a notice. Check-ins that are not addressed may become warnings or violations.
• Warning – This notice will be sent if there are one or more moderate issues in the plot or if an issue has not been addressed after receiving a check-in. Warnings that are not addressed may become violations.
• Violation – This notice is sent if there is one or more direct or extreme violation of the rules outlined in the Conditions of Use or Park Rules and Regulations, or if an issue has not been addressed after receiving a warning. Multiple violations may result in probation, permit revocation, or non-renewal.

What happens if a gardener receives a notice?

Gardeners will have 2 weeks to bring the plot into compliance after receiving a check-in, warning, or violation notice. If the plot is not brought into compliance, gardeners will receive another notice. Receiving multiple warnings and/or violations may result in probation, revocation, or non-renewal of the plot and permit. 

After receiving any type of notice, gardeners should promptly inform Community Garden Program Staff of any updates or reasons for issues in the plot. This includes illness, family emergencies, schedule conflicts, vacations, etc. Actively communicating with staff allows us to better support gardeners, including finding volunteers to help maintain the plot or providing extra time to address the issues.

What is the process for probation, revocation, and non-renewal?

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.

What is the appeals process?

Garden permit holders may submit an appeal after receiving a plot revocation or non-renewal status. 

1. Within 3 business days of receiving notification of revocation or non-renewal, the garden permit holder must submit an appeal via email explaining why they should retain the garden permit. Appeals should be sent to the Public Information and Customer Service (PICS) Office (Info@MontgomeryParks.org); a carbon copy (cc) should be sent to CommunityGardens@MontgomeryParks.org. If the garden permit holder is unable to use email, an alternative method of submission will be discussed.
2. The appeal will be reviewed by Community Garden Program Staff, Volunteer Garden Liaisons from the associated garden, Horticulture Forestry and Environmental Education (HFEE) Division Chief and Assistant Division Chief (Horticulture and Urban Forestry Programs Manager), as well as the PICS Office and/or Park Police, who will serve as unbiased parties.
3. If necessary, Park Police and/or a Park Ranger will conduct an onsite inspection of the garden plot to determine whether Park Rules and Regulations were followed.
4. Parks staff will notify the garden permit holder of the final decision within one week of receipt of appeal.
5. If the appeal is not approved, the gardener will have 2 weeks to remove items from the garden. If an extension is requested for removing items, it should not exceed an additional 2 weeks.