PRINTER'S NO. 2268
No. 1773 Session of 2001
INTRODUCED BY FLEAGLE, ADOLPH, ARGALL, M. BAKER, BARRAR,
BELARDI, CALTAGIRONE, CAPPELLI, CREIGHTON, CURRY, DeWEESE,
FREEMAN, HARHAI, HENNESSEY, HERSHEY, KELLER, LAUGHLIN,
LEDERER, MARSICO, McILHATTAN, MELIO, R. MILLER, PHILLIPS,
PIPPY, PRESTON, READSHAW, RUBLEY, SATHER, SCHRODER, SHANER,
B. SMITH, SOLOBAY, STABACK, STEELMAN, STURLA, TANGRETTI,
E. Z. TAYLOR, J. TAYLOR, THOMAS, TRELLO, WOJNAROSKI AND ZUG,
JUNE 19, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 19, 2001
AN ACT
1 Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
2 "An act relating to roads, streets, highways and bridges;
3 amending, revising, consolidating and changing the laws
4 administered by the Secretary of Highways and by the
5 Department of Highways relating thereto," requiring the
6 Department of Transportation to consult and coordinate with
7 municipalities and historic districts prior to certain
8 removal activities.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 410 of the act of June 1, 1945 (P.L.1242,
12 No.428), known as the State Highway Law, amended July 7, 1972
13 (P.L.738, No.173), is amended to read:
14 Section 410. Trees, Grasses, Shrubs and Vines along
15 Highways; Penalty.--The department may cause trees, grasses,
16 shrubs and vines to be planted and maintained, and shall cause
17 receptacles for trash and litter to be maintained, along State
18 highways, within the legal right of way thereof, the same to be
1 paid for as a part of the costs of construction or maintenance
2 of the road. The department may enter into agreements with the
3 Department of Environmental Resources regarding the planting and
4 maintenance of such trees, grasses, shrubs and vines. The
5 Department of Transportation shall have the absolute right to
6 trim, cut and remove any trees, grasses, shrubs and vines
7 growing within the legal right of way of any State highway, and
8 to trim and cut away any trees, grasses, shrubs and vines
9 growing on adjacent property in so far as they overhang or
10 encroach upon the legal right of way of any State highway[.]:
11 Provided, That the Department of Transportation shall give
12 notice of, consult with and coordinate its activities with the
13 municipalities and historic districts affected by its actions.
14 Activity shall proceed with the general goal of conforming that
15 activity to the general aesthetic standards set forth in the
16 affected municipalities and historic districts, employing means
17 and methods which will carry out these standards and accomplish
18 the primary goals of the Department of Transportation.
19 It shall be unlawful for any person to cut, trim, remove or
20 otherwise damage any trees, grasses, shrubs or vines growing
21 within the legal right of way of a State highway, which have
22 been planted by any person or agency other than the abutting
23 property owner, without first having obtained the consent of the
24 secretary in writing. Any person who shall cut, trim, remove or
25 otherwise damage such trees, grasses, shrubs or vines without
26 first having obtained such written consent, shall on summary
27 conviction thereof be sentenced to pay a fine of not less than
28 one hundred dollars ($100.00), or more than three hundred
29 dollars ($300.00), for each act of cutting, trimming, removal or
30 damaging. This section shall not be construed to permit the
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1 department to interfere with the right of any abutting property
2 owner to establish entrances to his property from State highways
3 at any point or points at which such owner may desire to
4 establish such entrances.
5 Section 2. This act shall take effect immediately.
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