Pennsylvania Tree Protection Law

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Multi-State
Control #:
US-M-9703
Format:
Word; 
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Description

This is a sample of Municipal Codes when dealing with an ordinance concerning tree protection. This may be used across the United States.
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FAQ

As with planting in a garden, the distance required for a front yard would be the same as 3-4 feet, depending on the species of the tree. There is no maximum distance requirement that a tree or bush has to be planted away from a property line.

In Pennsylvania, courts have ruled that ?encroaching tree parts are a trespass which a landowner may remove.? In other words, if branches of your neighbor's tree overhang your property, you generally have the right to trim the overhanging tree branches (this is commonly referred to as ?self-help?) ? but ? and this is ...

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A permit is needed to remove any tree with a diameter at breast height (DBH) of eight inches or greater or an ornamental or evergreen tree with a height of 10 feet or more. Residents should consult the Tree Removal Instructions where they will find a link to the Application for a Tree Removal Permit.

If your Neighbor's tree along your property line is a hazard If all or any portion of a hazard tree falls on your property, and your neighbor was aware of or should have known that it was dangerous, your neighbor is responsible for any damage that you suffered, including your cost of removal.

Pennsylvania law relating to trees derives from the theory of trespass. Branches and roots which enter adjoining land are ?trespasses? onto the land of another. Unique is that a showing of actual damage or monetary harm to neighboring land is not required before a remedy may be had.

If the tree is larger than 6-inches in diameter (measured at 4.5 feet above the ground) and is healthy or diseased, a permit must be obtained. Permission is not needed to remove a tree that has been deemed dead or a tree under 6-inches in diameter.

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Pennsylvania Tree Protection Law