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A07226
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2131
Session of
2018
INTRODUCED BY QUIGLEY, CHARLTON, JAMES, MENTZER, B. MILLER,
WARD, WHEELAND AND ZIMMERMAN, MARCH 9, 2018
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 9, 2018
AN ACT
Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
"An act relating to roads, streets, highways and bridges;
amending, revising, consolidating and changing the laws
administered by the Secretary of Highways and by the
Department of Highways relating thereto," in construction,
improvement, maintenance and repair of State highways,
providing for native vegetation along highways.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 1, 1945 (P.L.1242, No.428), known
as the State Highway Law, is amended by adding a section to
read:
Section 410.1. Native Vegetation Along Highways.-- (a) When
planting vegetation along State highways, the department shall
plant vegetation identified by the Department of Conservation
and Natural Resources under subsection (c) as being native to
this Commonwealth and that will thrive in the plant hardiness
zone in which the vegetation is being planted and under the
environmental conditions of the highway right-of-way .
(b) Upon application by the department to the Department of
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Conservation and Natural Resources, the Department of
Conservation and Natural Resources may authorize the department
to plant nonnative vegetation where the use of native vegetation
is not feasible, provided that the nonnative vegetation is
deemed not invasive or detrimental to the environment.
coordination by the department with the Controlled Plant and
Noxious Weed Committee under 3 Pa.C.S. ยง 1511 (relating to
designation of noxious weeds and controlled plants), the
department may authorize the use of nonnative vegetation where
the use of native vegetation is not feasible, provided that the
nonnative vegetation is not:
(1) a federally listed invasive plant identified by the
United States Department of Agriculture National Invasive
Species Information Center ; or
(2) a noxious weed or controlled plant under 3 Pa.C.S. Ch .
15 (relating to controlled plants and noxious weeds).
(c) In consultation with the Controlled Plant and Noxious
Weed Committee, the department , the Department of Conservation
and Natural Resources shall identify, for each plant hardiness
zone and environmental conditions found on highway rights-of-
way , a list of the particular species of vegetation that are
native to this Commonwealth and that thrive in each plant
hardiness zone in which the vegetation is being planted.
(d) As used in this section, the term "plant hardiness zone"
shall mean a zone identified as existing in this Commonwealth
pursuant to the most recent edition of the Plant Hardiness Zone
Map published by the United States Department of Agriculture.
Section 2. This act shall take effect immediately.
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