PennsylvaniaTowns could require owners to address dangerous trees and assign sidewalk repair costs
Municipalities could require owners to address dangerous trees and assign sidewalk repair costs, with notice and time to comply in most cases.
What it does
A municipality may adopt rules requiring owners to remove or correct dangerous trees that risk public safety or block public travel. If an owner does not act after notice, the municipality may do the work and collect its actual costs through a property lien.
The municipality must handle dangerous trees it planted or required in a designated planting area and pay the costs itself. It must also clear the resulting wood from the property and public travel area, as applicable.
A municipality may assign sidewalk repair costs by ordinance. It pays when it planted or required the tree; otherwise, owners generally pay for damage from trees on or beside their property.
Argument forMunicipalities could address dangerous trees that threaten public travel, while giving owners time to act unless the danger is imminent.
Argument againstOwners could face a property lien for actual tree or sidewalk work costs if they do not act after notice and the municipality steps in.
More detail
A municipality may adopt an ordinance requiring a property owner to remove or correct a hazardous tree. This covers a tree on the owner's property that risks public safety or blocks a public street, alley, sidewalk, or similar public travel area. The ordinance must require written notice by certified mail and allow at least 30 days to comply, unless the municipality finds an imminent hazard requires earlier action. If the owner does not comply, the municipality may enter the property, remove or correct the tree, and recover actual costs through a property lien. The ordinance must allow at least 30 days after notice to comply, unless the municipality finds an imminent hazard requires earlier action.
The municipality must remove or correct certain hazardous trees and handle the resulting wood. This applies to a tree the municipality planted or required to be planted in a designated planting area within a public right-of-way. The municipality may not charge the property owner for the tree work or handling the wood. The municipality must clear the wood within 10 days after removing or correcting the tree.
A municipality may adopt an ordinance assigning the cost of repairing or replacing a tree-damaged sidewalk. This covers sidewalks in public rights-of-way damaged by trees on or beside the property. The municipality pays if it planted the tree or required it to be planted in a designated planting area. Otherwise, the property owner pays if the damaging tree is on the property or in the planting area next to it and the municipality did not plant or require it. For an owner's responsibility, the ordinance must require written notice and allow at least 30 days to comply, unless the municipality finds an imminent hazard requires earlier action. If the owner does not act, the municipality may do the work and collect actual costs through a property lien. For an owner's responsibility, the ordinance must allow at least 30 days after notice to comply, unless the municipality finds an imminent hazard requires earlier action.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30Referred to Local GovernmentIntroduced
Public SafetyTransportation