PRINTER'S NO. 574
No. 512 Session of 1989
INTRODUCED BY REINARD, McHALE, COY, TRELLO, GEIST, CARLSON,
HALUSKA, KUKOVICH, RAYMOND, MERRY, BUNT, HERMAN, ITKIN,
DISTLER, SEMMEL, FOX, MICOZZIE, E. Z. TAYLOR, J. L. WRIGHT,
MELIO, BOYES, NOYE, CAWLEY, VROON, SCHULER, GIGLIOTTI,
CAPPABIANCA, LEVDANSKY, CORNELL, COLAIZZO, CIVERA AND MORRIS,
FEBRUARY 15, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 15, 1989
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 written
6 notification prior to performing certain work.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 410 of the act of June 1, 1945 (P.L.1242,
10 No.428), known as the State Highway Law, amended July 7, 1972
11 (P.L.738, No.173), is amended to read:
12 Section 410. Trees, Grasses, Shrubs and Vines along
13 Highways; Penalty.--The department may cause trees, grasses,
14 shrubs and vines to be planted and maintained, and shall cause
15 receptacles for trash and litter to be maintained, along State
16 highways, within the legal right of way thereof, the same to be
17 paid for as a part of the costs of construction or maintenance
18 of the road. The department may enter into agreements with the
1 Department of Environmental Resources regarding the planting and
2 maintenance of such trees, grasses, shrubs and vines. The
3 Department of Transportation shall have the absolute right to
4 trim, cut and remove any trees, grasses, shrubs and vines
5 growing within the legal right of way of any State highway, and
6 to trim and cut away any trees, grasses, shrubs and vines
7 growing on adjacent property in so far as they overhang or
8 encroach upon the legal right of way of any State highway:
9 Provided, however, That prior to exercising this absolute power
10 of removal, the department shall notify the abutting property
11 owners, in writing, of the nature and extent of work
12 contemplated.
13 It shall be unlawful for any person to cut, trim, remove or
14 otherwise damage any trees, grasses, shrubs or vines growing
15 within the legal right of way of a State highway, which have
16 been planted by any person or agency other than the abutting
17 property owner, without first having obtained the consent of the
18 secretary in writing. Any person who shall cut, trim, remove or
19 otherwise damage such trees, grasses, shrubs or vines without
20 first having obtained such written consent, shall on summary
21 conviction thereof be sentenced to pay a fine of not less than
22 one hundred dollars ($100.00), or more than three hundred
23 dollars ($300.00), for each act of cutting, trimming, removal or
24 damaging. This section shall not be construed to permit the
25 department to interfere with the right of any abutting property
26 owner to establish entrances to his property from State highways
27 at any point or points at which such owner may desire to
28 establish such entrances.
29 Section 2. This act shall take effect in 60 days.
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