Lewis, 060832 PAAGO, AGO 53

Case DateJune 08, 1932
CourtPennsylvania
Honorable S. S. Lewis
AGO 53
Opinion No. 53
Pennsylvania Attorney General Opinions
Opinion of the Attorney General
June 8, 1932
         Trees—Removal of, on state Highways—Power of shade tree commissions. First class townships.          The State Highway Department is not required to obtain the consent "' township shade tree commissions before cutting or removing trees along state highways in first class townships. However, the cutting or removal of trees along state highways in townships is subject to the restrictions contained in the Act of April 1, 1909, P. L. 97, No. 58.          Honorable S. S. Lewis,          Secretary of Highways,          Harrisburg, Pennsylvania.          Sir: You have asked to be advised to what extent your department's power to cut and remove trees in and along State highways in townships is affected by the powers of shade tree commissions and the rights of abutting owners.          Section 6 of the Act of May 31, 1911, P. L. 468, Title 36 P. S., Section 971 provides that the highways taken over by that act:
"* * * shall be under the exclusive authority and jurisdiction of the State Highway Department * * *."
         Under the above provision of the "Sproul Act" your department has broad powers but they must be exercised by you in accordance with and as limited by any other Acts of Assembly that relate to the highways under your supervision.          The Act of April 1, 1909, P. L. 97, No. 58, was passed to protect trees growing along the roadside or within the legal limits of highways. Section 5 makes the act applicable to the officials of the Department of Highways, supervisors, road-masters and their employes. It was not specifically repealed by the "Sproul Act" of 1911 nor can the above quoted part of Section 6 of that act be interpreted to repeal it by implication. The two are not inconsistent. The Act of 1909 merely regulated, in respect to trees, the manner in which you shall exercise your exclusive authority over the State highways.          As to trees along highways through forested, wild or uncultivated lands the act permits you to cut down any tree within fifteen feet of the center line. Beyond that and within the legal limits of the highway you may cut down any tree under four inches in diameter. Over that thickness you may do so only with the consent of the abutting property owner or on order of a judge of the county court.          Along a highway through improved or cultivated lands, you may...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT