36 Pa. Stat. § 670-410.1

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 670-410.1 - Native Vegetation Along Highways.
(a) When planting vegetation along State highways, the department shall plant vegetation identified under subsection (c) as being native to this Commonwealth and that will thrive in the plant hardiness zone and under the environmental conditions of the highway right-of-way.
(b) The department may use nonnative vegetation where the use of native vegetation is not feasible, provided that the nonnative vegetation is not:
(1) a federally listed invasive plant identified by the United States Department of Agriculture National Invasive Species Information Center; or
(2) a noxious weed or controlled plant under 3 Pa.C.S. Ch. 15 (relating to controlled plants and noxious weeds), unless planted and cultivated in accordance with that chapter.
(c) The department shall identify, for each plant hardiness zone and environmental conditions found on highway rights-of-way, a list of the particular species of vegetation that are native to this Commonwealth and that thrive in each plant hardiness zone in which the vegetation is being planted.
(d) The department may use hay, straw or similar materials for erosion control or other purposes at the discretion of the department.
(e) Nothing in this section shall be construed to require the department or other agency of the Commonwealth to identify hay, straw or similar materials as a native species.
(f) As used in this section, the term "plant hardiness zone" shall mean a zone existing in this Commonwealth as identified in the 2012 Plant Hardiness Zone Map published by the United States Department of Agriculture in the geographic-information-system-based edition covering 1976 through 2005 weather data and as it existed on the effective date of this definition or a subsequent date as may be provided by the Department of Agriculture through regulation.

36 P.S. § 670-410.1

Added by P.L. (number not assigned at time of publication) 2024 No. 37,§ 1, eff. 7/1/2024.