PRIOR PRINTER'S NO. 2268 PRINTER'S NO. 3379
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
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 11, 2002
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 TREE OWNERS, municipalities and historic districts prior to <--
8 certain 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 PENALTY.--(A) THE department may cause <--
16 trees, grasses, shrubs and vines to be planted and maintained,
17 and shall cause receptacles for trash and litter to be
1 maintained, along State highways, within the legal right of way
2 thereof, the same to be paid for as a part of the costs of
3 construction or maintenance of the road. The department may
4 enter into agreements with the Department of Environmental
5 Resources regarding the planting and maintenance of such trees,
6 grasses, shrubs and vines. The Department of Transportation
7 shall have the absolute right to trim, cut and remove any trees,
8 grasses, shrubs and vines growing within the legal right of way
9 of any State highway, and to trim and cut away any trees,
10 grasses, shrubs and vines growing on adjacent property in so far
11 as they overhang or encroach upon the legal right of way of any
12 State highway[.]: Provided, That the Department of
13 Transportation shall give notice of, consult with and coordinate
14 its activities with the municipalities and historic districts
15 affected by its actions. Activity shall proceed with the general
16 goal of conforming that activity to the general aesthetic
17 standards set forth in the affected municipalities and historic
18 districts, employing means and methods which will carry out
19 these standards and accomplish the primary goals of the
20 Department of Transportation.
21 It shall be unlawful for any person to cut, trim, remove or
22 otherwise damage any trees, grasses, shrubs or vines growing
23 within the legal right of way of a State highway, which have
24 been planted by any person or agency other than the abutting
25 property owner, without first having obtained the consent of the
26 secretary in writing. Any person who shall cut, trim, remove or
27 otherwise damage such trees, grasses, shrubs or vines without
28 first having obtained such written consent, shall on summary
29 conviction thereof be sentenced to pay a fine of not less than
30 one hundred dollars ($100.00), or more than three hundred
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1 dollars ($300.00), for each act of cutting, trimming, removal or
2 damaging. This section shall not be construed to permit the
3 department to interfere with the right of any abutting property
4 owner to establish entrances to his property from State highways
5 at any point or points at which such owner may desire to
6 establish such entrances.
7 (B) NOTWITHSTANDING SUBSECTION (A), IN CASES INVOLVING TREES <--
8 WHICH SHALL MEASURE FOUR INCHES OR OVER IN DIAMETER AT A POINT
9 TWO FEET FROM THE SURFACE OF THE GROUND, THE DEPARTMENT SHALL
10 PROVIDE A MINIMUM OF THIRTY (30) DAYS' WRITTEN NOTICE TO THE
11 ABUTTING PROPERTY OWNER PRIOR TO TAKING ANY ACTION, UNLESS AN
12 EMERGENCY EXISTS INVOLVING GRAVE DANGER TO THE PUBLIC. IN ALL
13 CASES, UNLESS THE ABUTTING PROPERTY OWNER AGREES OTHERWISE IN
14 WRITING, THE ABUTTING PROPERTY OWNER SHALL HAVE, FOR THIRTY (30)
15 DAYS FROM RECEIPT OF NOTICE, THE OPTION TO REMOVE ALL LOGS, CORD
16 WOOD, BRANCH WOOD AND OTHER TREE PARTS.
17 Section 2. This act shall take effect immediately.
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