2010 Pennsylvania Code
Title 34 - GAME
Chapter 25 - Protection of Property and Persons
2511 - Damage to trees.

     § 2511.  Damage to trees.
        (a)  General rule.--It is unlawful while hunting or while
     preparing to hunt for any game or wildlife:
            (1)  To cause damage to any tree or trees located upon
        any public or privately owned lands as a result of
        constructing any tree stand, platform or any other manmade
        support of any description or as a result of using any
        portable tree stand or any other implement or device of any
        description to climb any tree.
            (2)  To use or occupy any tree stand, platform or any
        other manmade support of any description which, when
        constructed, damaged any tree or trees.
     This section shall not apply to a private landowner upon land
     which he owns or to any person to whom he has given written
     permission in advance.
        (b)  Penalties.--
            (1)  A violation of this section is a summary offense of
        the fifth degree.
            (2)  Upon summary conviction, the defendant shall be
        sentenced to remove the tree stand, platform or any other
        manmade support or climbing device of any description.
            (3)  In addition to any other penalty imposed, the
        defendant shall be liable to pay to the one in control of a
        tree the amount of any damage done by the defendant to the
        tree. The amount of the damage to the tree shall be
        determined by the magisterial district judge. If a reasonable
        settlement for damage to the tree is not reached, the
        magisterial district judge may appoint a competent appraiser
        to determine the amount of the damage. The amount of the
        damage determined shall be assessed against the defendant and
        paid to the magisterial district judge for disposition. The
        magisterial district judge shall deliver the amount collected
        to the person or governmental agency having legal control
        over the land where the damage occurred. The appraiser
        appointed by the magisterial district judge shall be entitled
        to a reasonable fee for services rendered which shall be
        assessed against the defendant as additional costs.
     (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (b)(3). See sections
     28 and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.