Pennsylvania Administrative Code

§ 45.35. Compliance with regulations. Violation of this chapter is punishable as provided in the act and § 45.91 (relating to penalties).

§ 45.41. General requirements for a permit. (a) A person, other than the landowner, a person having a bona fide property interest in the affected land or Bureau of Forestry personnel in the performance of their official duties, may not remove, collect or transplant wild plants cl…

§ 45.42. Permit activities. (a) The Department may issue permits to remove, collect or transplant wild plants classified as Pennsylvania Endangered or Pennsylvania Threatened, for the following activities: (1) To conduct botanical and taxonomic studies. (2) To transplant Pennsylv…

§ 45.43. Compliance with permit. A holder of a wild plant management permit shall act in compliance with the terms and conditions of the permit, the requirements of the act and this chapter and other applicable State law.

§ 45.44. Permit application contents. (a) An application for a wild plant management permit under this subchapter shall be submitted to the Department in writing, upon forms to be provided by the Department. (b) An application for a permit shall be accompanied by information such…

§ 45.45. Permit fee; expiration of permit. (a) An application for a wild plant management permit shall be accompanied by a check for $5 payable to the ‘‘Commonwealth of Pennsylvania.’’ (b) A wild plant management permit remains valid for 1 year following the date of permit issuan…

§ 45.46. Criteria for approval of a wild plant management permit. An application for a wild plant management permit will not be approved unless the application affirmatively demonstrates, and the Department, in writing, finds the following: (1) Potential threats exist to harm the…

§ 45.47. Conditions of permit. (a) The permittee shall carry the wild plant management permit during the removal, collection or transplanting of wild plants, and shall present the permit for inspection upon request by a person authorized to enforce the act. (b) The permittee shal…

§ 45.48. Reporting of new information. The permittee shall notify the Department of changes in facts or information stated in the application. Based upon the notice, the Department may require a new permit or take other appropriate action.

§ 45.49. Transfer of permit prohibited. A wild plant management permit is nontransferable.

§ 45.50. Revocation. (a) The Department may revoke a wild plant management permit for good cause. Good cause includes, but is not limited to, the following factors: (1) Failure to comply with this chapter or the act. (2) Failure to comply with a term or condition of the permit. (…

§ 45.61. Commercial license requirements. A person may not buy, trade or barter Pennsylvania Vulnerable plants, or parts thereof, with the intent to sell them within this Commonwealth, or export these plants or parts from this Commonwealth, without first applying for and obtainin…

§ 45.62. Contents of commercial license application. (a) An application for a license under this subchapter shall be submitted to the Department in writing, upon forms provided by the Department. (b) An application for a commercial license shall be accompanied by information or d…

§ 45.63. Criteria for license approval. An application for a commercial license will not be approved unless the application affirmatively demonstrates and the Department finds, in writing, the following: (1) The application is accurate and complete and the requirements of the act…

§ 45.64. Commercial license fee and expiration. (a) An application for a commercial license will be accompanied by a check payable to the ‘‘Commonwealth of Pennsylvania’’ in the amount of $50. (b) A commercial license expires on June 30 of the year next following the year of its …

§ 45.65. Transaction records. (a) The holder of a commercial license issued under this subchapter shall maintain transaction records. The transaction records shall include the following information regarding Pennsylvania Vulnerable plant activities: (1) The names and addresses of…

§ 45.66. Inspection and review. The licensee shall make available for inspection by the Department transaction records and Pennsylvania Vulnerable plant materials to be sold, traded, bartered or exported and that are on the premises. The records shall be made available for copyin…

§ 45.67. Transfer of license prohibited. A commercial license is nontransferable.

§ 45.68. Revocation. (a) The Department may revoke a commercial license it has issued, for good cause. Good cause includes, but is not limited to, the following factors: (1) Failure to comply with this chapter or the act. (2) Failure to comply with a term or condition of the lice…

§ 45.69. Vulnerable plant harvest seasons and conditions. (a) A person may not harvest ginseng except in compliance with applicable law, this chapter and the following restrictions: (1) A person may harvest ginseng plants only from September 1 through November 30. (2) Only mature…

§ 45.70. Pennsylvania ginseng certification. (a) A person may not export Pennsylvania ginseng from this Commonwealth without first obtaining a commercial license and a Pennsylvania ginseng certificate. (b) A Pennsylvania ginseng certificate shall be required for each export shipm…

§ 45.71. Transfer of certificate prohibited. A Pennsylvania ginseng certificate is nontransferable.

§ 45.72. Possession of unsold ginseng. (a) A licensee who has ginseng unsold on March 31 of the year after harvest is required to obtain a weigh slip for the unsold ginseng from a Commonwealth certified weigh station or scale and submit a copy of that slip to the Department by Ma…

§ 45.81. Establishment. The Department may designate sites as private wild plant sanctuaries upon request.

§ 45.82. Purpose. This subchapter provides protection for this Commonwealth’s native wild plants and their habitat.

§ 45.83. Application. (a) An application for private wild plant sanctuary designation shall be concurred in by all parties with an interest in the land and submitted to the Department by the landowner on forms provided by the Department. The forms shall contain a space for the si…

§ 45.84. Criteria for issuance of designation. A designation of private wild plant sanctuary will not be made unless the applicant demonstrates and the Department finds the following: (1) The proposed private wild plant sanctuary will benefit and provide protection for native wil…

§ 45.85. Responsibilities. (a) The landowner of a designated private wild plant sanctuary shall utilize the designated lands and waters in a manner consistent with the purposes of sanctuary designation. (b) The landowner shall notify the Department, in writing, of the following: …

§ 45.86. Withdrawal of designation. Designation as a private wild plant sanctuary may be withdrawn at the request of the landowner.

§ 45.87. Revocation. The Department may revoke designation of a private wild plant sanctuary for good cause. Good cause includes, but is not limited to, the following factors: (1) Degradation of the private wild plant sanctuary site. (2) Failure to comply with a term or condition…

§ 45.88. Private wild plant sanctuary restrictions. A person, other than the landowner or a person having a bona fide property interest in the affected land, may not willfully adversely alter or destroy the local ecosystem of a private wild plant sanctuary.

§ 45.89. Transfer of private wild plant sanctuary designation prohibited. Private wild plant sanctuary designations are nontransferable.

§ 45.91. Penalties. Penalties for unlawful conduct are established by the act as follows: (1) A person who violates a provision of the act relating to commercial licensing, or regulations issued thereunder, shall be sentenced to pay a fine of not more than $200, or have the licen…

§ 47.1. License required. (a) All water well drillers, as defined in act of May 29, 1956 (P. L. 1840) (32 P. S. § § 645.1—645.13), shall be licensed. Farmers and other persons drilling at their own residence are not required to obtain a license. (b) Employes of licensed water wel…

§ 47.2. Rig permit. (a) The operator of the drilling rig shall have the rig permit in his possession at all times while the rig is in operation. (b) Each rig shall be assigned a permanent number. The contractor shall have the permit number painted in a conspicuous place on the dr…

§ 47.3. Application and fee. (a) Licenses and rig permits will be issued upon receipt of a properly completed application and proper fee. (b) A fee of $60 for a water well drilling license and a fee of $20 for each rig permit shall accompany the application. Fees shall be paid by…

§ 47.4. Displaying license. The license shall be displayed in the principal place of business of the contractor.

§ 47.5. Notice of intent to drill. Within 24 hours of making a contract, written or oral, to drill a well, the driller shall file with the Department of Conservation and Environmental Resources, Topographic & Geological Survey, Post Office Box 8453, Harrisburg, Pennsylvania 17105…

§ 47.6. Samples. (a) Upon receipt of notice of intention to drill, the Department may require that samples of cuttings be saved for study by the Department. The Department will inform the driller of this immediately, and will supply containers for the samples. (b) Under certain c…

§ 47.7. Well records. (a) A record of each well shall be kept by the contractor on Form WWI. All pertinent spaces of the form shall be filled in. (b) The record shall be kept by the licensed driller for at least 10 years. The records shall not be disposed of at any time without e…

§ 47.8. Abandonment of well. When a well is to be abandoned, a notice of intent to abandon shall be sent to the Department at least 10 days before the well is sealed or filled.

GENERAL PROVISIONS § 51.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ATV—An all-terrain vehicle as defined in section 7702 of the Vehicle Code (relating to definitions). Deal…

§ 51.12. Applications for title and registration. (a) Contents of application. An application for a certificate of title and registration shall include the following on an application form furnished by the Department: (1) The name, address and county of the residence of owner. (2…

§ 51.13. Display of registration decals, registration plates and expiration stickers. (a) Snowmobiles. (1) Registration decals. Two valid registration decals shall be affixed to the snowmobile forward of the handle bars, one on each side of the cowling, or one on the outside of e…

§ 51.15. Replacement of registration certificates, limited registration certificates, registration decals, registration plates and expiration stickers. A replacement of a registration certificate, limited registration certificate, registration decal, registration plate or expirat…

§ 51.18. Change of address. The owner shall notify the Department of a change of address within 15 days.

§ 51.19. Snowmobile or ATV owned by United States, another state or political subdivision. If a snowmobile or ATV is exempt from registration under section 7711.1(f)(2) of the Vehicle Code (relating to registration of snowmobile or ATV) because it is owned and used by the United …