PRIOR PRINTER'S NO. 534 PRINTER'S NO. 2171
No. 510 Session of 1989
INTRODUCED BY GREENLEAF, FEBRUARY 10, 1989
SENATOR RHOADES, STATE GOVERNMENT, AS AMENDED, MAY 1, 1990
AN ACT
1 Amending Title 37 (Historical and Museums) of the Pennsylvania <--
2 Consolidated Statutes, providing for the definition, registry
3 and penalties for the destruction of historic trees.
4 PROVIDING FOR THE PROTECTION OF HISTORIC TREES; CONFERRING <--
5 POWERS AND DUTIES ON THE BUREAU OF FORESTRY; AND IMPOSING A
6 PENALTY.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 103 of Title 37 of the Pennsylvania <--
10 Consolidated Statutes is amended by adding a definition to read:
11 § 103. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this title which are applicable to specific
14 provisions of this title, the following words and phrases when
15 used in this title shall have the meanings given to them in this
16 section unless the context clearly indicates otherwise:
17 * * *
18 "Historic tree." A tree which is over 200 years old and
19 which is significant in the history or culture of the
1 Commonwealth or furthers the enhancement or enjoyment of
2 Pennsylvania's historic parks, sites or other resources.
3 * * *
4 Section 2. Section 502 of Title 37 is amended by adding a
5 paragraph to read:
6 § 502. Powers and duties of commission.
7 In addition to the powers and duties provided in Chapter 3
8 (relating to powers and duties of Pennsylvania Historical and
9 Museum Commission), the commission shall have the power and duty
10 to:
11 * * *
12 (15) Develop and maintain a Pennsylvania register of
13 historic trees in the Commonwealth, which meets the
14 definition of historic tree.
15 Section 3. Section 511 of Title 37 is amended to read:
16 § 511. Criminal penalties.
17 A person who conducts a field investigation on any land or
18 submerged land owned or controlled by the Commonwealth, without
19 first obtaining a permit from the commission, or a person who
20 appropriates, defaces, destroys or otherwise alters any
21 archaeological site or specimen located upon lands owned or
22 controlled by the Commonwealth, except in the course of
23 activities pursued under the authority of a permit granted by
24 the commission, commits a misdemeanor of the third degree and
25 shall, upon conviction, be sentenced to pay a fine of not more
26 than $2,500 or to imprisonment for not more than one year, or
27 both. In addition, such person shall forfeit to the Commonwealth
28 all archaeological specimens collected or excavated together
29 with any photographs and records relating to such specimens. Any
30 person or political subdivision who willfully destroys or
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1 defaces a historic tree commits a misdemeanor and shall, upon
2 conviction, be sentenced to pay a fine of not more than $500 or
3 to imprisonment for not more than six months, or both.
4 Section 4. This act shall take effect in 60 days.
5 SECTION 1. SHORT TITLE. <--
6 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE HISTORIC TREE
7 ACT.
8 SECTION 2. DEFINITIONS.
9 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
10 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
11 CONTEXT CLEARLY INDICATES OTHERWISE:
12 "BUREAU." THE BUREAU OF FORESTRY OF THE DEPARTMENT OF
13 ENVIRONMENTAL RESOURCES.
14 "COMMISSION." THE PENNSYLVANIA HISTORICAL AND MUSEUM
15 COMMISSION.
16 "HISTORIC TREE." A TREE WHICH IS REGISTERED BY THE BUREAU OF
17 FORESTRY OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES UNDER
18 SECTION 3(B).
19 SECTION 3. REGISTRATION.
20 (A) ESTABLISHMENT.--THE BUREAU SHALL ESTABLISH AND MAINTAIN
21 THE STATE REGISTER OF HISTORIC TREES.
22 (B) CRITERIA.--THE BUREAU SHALL REGISTER A TREE UNDER
23 SUBSECTION (C) IF IT DETERMINES ANY OF THE FOLLOWING:
24 (1) THE TREE IS AT LEAST 200 YEARS OLD.
25 (2) THE TREE IS OF PARTICULAR SIGNIFICANCE FOR THE
26 HISTORY OF THE COMMONWEALTH IN ACCORDANCE WITH CRITERIA
27 PROMULGATED BY THE BUREAU, UPON CONSULTATION WITH THE
28 COMMISSION, AS REGULATIONS.
29 (C) PROCEDURE.--IF THE BUREAU INTENDS TO REGISTER A TREE, IT
30 MUST PROVIDE THE OWNER OF THE REAL PROPERTY ON WHICH THE TREE IS
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1 LOCATED WITH 60 DAYS' NOTICE OF THE PROPOSED REGISTRATION, A
2 COPY OF THIS ACT AND AN OPPORTUNITY TO BE HEARD ON THE MATTER.
3 SECTION 4. HISTORIC TREES.
4 (A) RECORDING.--FOR EACH HISTORIC TREE, THE BUREAU SHALL
5 FILE WITH THE APPROPRIATE RECORDER OF DEEDS A NOTICE STATING THE
6 LOCATION OF THE TREE ON THE REAL PROPERTY. THE NOTICE UNDER THIS
7 SUBSECTION SHALL BE RECORDED IN THE SAME MANNER AS DEEDS ARE
8 RECORDED.
9 (B) PROHIBITION.--
10 (1) A PERSON OR A POLITICAL SUBDIVISION MAY NOT, WITHOUT
11 A PERMIT UNDER PARAGRAPH (3), INTENTIONALLY DESTROY OR DEFACE
12 A HISTORIC TREE.
13 (2) A PERSON OR POLITICAL SUBDIVISION THAT VIOLATES
14 PARAGRAPH (1) COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND
15 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
16 MORE THAN $500 OR TO IMPRISONMENT FOR NOT MORE THAN SIX
17 MONTHS, OR BOTH.
18 (3) THE BUREAU MAY ISSUE A PERMIT FOR TREATMENT OR
19 DESTRUCTION OF A HISTORIC TREE UPON A FINDING THAT THE ACTION
20 IS NECESSARY TO PROTECT PUBLIC HEALTH, SURROUNDING PROPERTY
21 OR THE HISTORIC TREE OR TO PROVIDE FOR ANY OTHER SIGNIFICANT
22 PUBLIC NEED.
23 (4) THE PROHIBITIONS OF THIS SUBSECTION SHALL NOT APPLY
24 TO RESIDENTIAL PROPERTY OWNERS WHO ARE THE OWNERS OF RECORD
25 ON THE EFFECTIVE DATE OF THIS ACT. THE PROHIBITIONS SHALL
26 APPLY TO ALL FUTURE PROPERTY OWNERS.
27 SECTION 5. EFFECTIVE DATE.
28 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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