Section 410. Trees, Grasses, Shrubs and Vines along Highways; Penalty.--The department may cause trees, grasses, shrubs and vines to be planted and maintained, and shall cause receptacles for trash and litter to be maintained, along State highways, within the legal right of way thereof, the same to be paid for as a part of the costs of construction or maintenance of the road. The department may enter into agreements with the Department of Environmental Resources regarding the planting and maintenance of such trees, grasses, shrubs and vines. The Department of Transportation shall have the absolute right to trim, cut and remove any trees, grasses, shrubs and vines growing within the legal right of way of any State highway, and to trim and cut away any trees, grasses, shrubs and vines growing on adjacent property in so far as they overhang or encroach upon the legal right of way of any State highway.
It shall be unlawful for any person to cut, trim, remove or otherwise damage any trees, grasses, shrubs or vines growing within the legal right of way of a State highway, which have been planted by any person or agency other than the abutting property owner, without first having obtained the consent of the secretary in writing. Any person who shall cut, trim, remove or otherwise damage such trees, grasses, shrubs or vines without first having obtained such written consent, shall on summary conviction thereof be sentenced to pay a fine of not less than one hundred dollars ($100.00), or more than three hundred dollars ($300.00), for each act of cutting, trimming, removal or damaging. This section shall not be construed to permit the department to interfere with the right of any abutting property owner to establish entrances to his property from State highways at any point or points at which such owner may desire to establish such entrances.
(410 amended July 7, 1972, P.L.738, No.173)
Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.