The Legality of Collecting Seeds from Public Spaces in the United States

Photo by Heather Feldhaus

You see a beautiful plant while hiking, or at a garden center, in a state park. It is going to seed. You want the seed. What do you do? This is a question we face as a seed library and as avid seed collectors. As administrators of a seed library and as ethical citizens, it is important that we know the rules and expectations. 

The act of collecting seeds from plants in public spaces, such as parks, public lands, and stores, raises complex legal and ethical considerations. While the practice may seem benign or even beneficial from an ecological or educational standpoint, it is often regulated under federal, state, and local laws.

Federal and State Lands

On federally managed lands, including national parks, forests, and wildlife refuges, the removal of any natural materials, including seeds, is generally prohibited without a permit. Agencies such as the National Park Service (NPS) and Bureau of Land Management (BLM) enforce strict conservation policies to protect native ecosystems. According to Hernandez of the NPS, national parks are among the most protected areas in the country, and unauthorized removal of plant material is considered a violation of federal regulations (Nichols, 2025).

State-managed lands, such as state parks and forests, may have slightly more lenient policies, but they still typically require permits for seed collection. These rules are designed to prevent ecological disruption, especially the spread of invasive species or overharvesting of native plants (Nichols, 2025).

Urban Public Property and Parks

In urban settings, such as city parks or roadside plantings, the legality of seed collection depends on local ordinances. While some municipalities may tolerate or even encourage community gardening initiatives, others classify unauthorized plant removal as vandalism or theft. The practice of “seed bombing”, scattering seeds in public areas without permission, is often considered illegal due to concerns about invasive species and property alteration (Esdemgarden, 2024).

Retail Stores and Commercial Spaces

Taking seeds from plants in retail stores or commercial nurseries without purchase or explicit permission is unequivocally illegal. Such actions constitute theft and may be prosecuted under criminal law. Even if seeds are visibly accessible, they remain the property of the store until legally acquired.

Ethical and Ecological Considerations

Beyond legality, ethical concerns arise when collecting seeds from public or shared spaces. The introduction of non-native or invasive species can have long-term ecological consequences. Many states have adopted “seed-preemption laws” to prevent local governments from enacting independent seed regulations, further complicating the legal landscape (Esdemgarden, 2024).

Conclusion

In summary, collecting seeds from public lands, parks, or stores without explicit permission is generally illegal and potentially harmful to ecosystems. Individuals interested in seed collection should seek appropriate permits and adhere to local, state, and federal guidelines to ensure compliance and ecological responsibility.

References

Nichols, L. M. (2025, January 24). What you can and can't take from state/federal land. Family Handyman. https://www.familyhandyman.com/article/what-you-can-take-from-public-land/

Esdemgarden. (2024, September 15). Is it illegal to plant seeds in public. https://esdemgarden.com/is-public-seed-planting-prohibited.html