2010 Pennsylvania Code
Title 34 - GAME
Chapter 5 - Fiscal Affairs
543 - Purchase of materials and construction.

     § 543.  Purchase of materials and construction.
        (a)  Purchase and delivery of materials.--The commission may
     purchase and deliver to the appropriate sites the required
     amount of wire fencing, staples, insulators, posts or other
     material necessary to construct a deer, elk or bear deterrent
     fence approved by the commission.
        (b)  Construction of deer or elk deterrent fences.--
            (1)  The commission may construct, or may enter into
        contracts for the construction of, or enter into a written
        agreement with the applicant for the construction of, deer or
        elk deterrent fences on sites approved by the commission.
            (2)  In making application for a deterrent fence under
        the provisions of this subsection, the applicant shall agree
        to one of the following three fence construction options:
                (i)  The commission may construct, or may contract
            for the construction of, the deterrent fence.
                (ii)  The applicant may, within six months of
            delivery of materials, construct the deterrent fence.
                (iii)  The applicant may contract with a third party
            for the construction of the deterrent fence.
            (3)  After any deterrent fence is constructed and
        approved by the commission under the option specified in
        paragraph (2)(i), the commission shall pay for the cost of
        installation, and the landowner or lessee shall then
        reimburse the commission for 50% of the cost of installation.
        (c)  Construction of bear deterrent fences.--Prior to
     delivery under subsection (a), an applicant for a bear deterrent
     fence shall have agreed, in writing, with the commission to
     construct the bear deterrent fence without cost to the
     commission and to complete construction of the bear deterrent
     fence within seven days from the date the material is delivered
     to the site. In case the bear deterrent fence is not completed
     within the stipulated time, the commission may recover the
     materials it furnished at such time and in such manner as
     desired or found practical.
        (d)  Specifications.--All deterrent fences shall be
     constructed and installed in accordance with plans and
     instructions supplied and approved by the commission.
        (e)  Reimbursement of applicant for materials.--The
     commission may, through prior written agreement with the
     applicant, pay the applicant for any or all materials necessary
     to construct a deterrent fence within the time limitations set
     forth in this section.
     (Dec. 17, 1990, P.L.687, No.170, eff. imd.)