Free Fencing From Pennsylvania's State Game Commission
Free Fencing For Pennsylvania's Tree, Plant, and Shrub Growers
Our nursery has provided you with this information to help you
see some of the free assistance that you can have in setting up
and starting tree farms and nurseries. The game commission will
work with you to help lessen the damage by deer to nursery
stock. Raising ornamental trees can be impossible if deer damage
occures. Since deer damage to nurseries occurs mostly at night,
you will want to protect your stock with fencing. Deer fencing
is the single best way to protect ornamentals and nursery stock.
As part of this article, I have tried to copy and paste the
actual code so you can read it for yourself. See my web site
http://www.seedlingsrus.com for more tips and valuable free
stuff.
Pa Game Code for :
Subchapter C. Erection of Deterrent Fences
Sec. 541. Authority to provide deterrent fences. (a) Fences for
deer or elk. - In areas of this Commonwealth where deer and elk
are present on lands open to public hunting and are, in a
material way, injuring or destroying farm crops, fruit orchards
or commercial tree nurseries where ornamental or fruit trees are
grown for sale or regeneration on commercial forest lands, the
owners or lessees of such farms, fruit orchards, commercial tree
nurseries or commercial forest lands may make application to the
commission for assistance in the erection of a deterrent fence.
Except where produce is raised for market on a commercial basis,
the provisions of this section shall not apply to gardens or
truck patches. (b) Fences for bears. - In areas of this
Commonwealth where bears are present on lands open to public
hunting and are, in a material way, damaging or destroying
beehives where ten or more hives are placed at one location or
imminent danger exists of such damage or destruction, the owner
of such beehives may make application to the director for
assistance in the erection of a deterrent fence. Cross
References. Section 541 is referred to in section 542 of this
title. Sec. 542. Investigation after receipt of application.
Upon receipt of any application under section 323 (relating to
cooperative agreements) or 541 (relating to authority to provide
deterrent fences), the commission shall investigate the
conditions prevailing on such property and adjacent territory.
If the investigation discloses the need of protection from deer,
elk or bear as would be provided by fencing, the commission may
enter into a written agreement with the applicant for the
erection of a deer, elk or bear deterrent fence of such height,
design, materials and type of construction as the commission
specifies.
Sec. 543. Amended December 17, 1990, Act 170-1990. Sec. 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)(1), 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. Sec. 544. Maintenance, repair or replacement. All
fences, after erection, shall be maintained by the individuals
interested, and the commission shall bear no part of any future
maintenance. Replacement of the deterrent fences when worn out
may be on the same basis as the erection of the original fence.
The commission shall decide when the replacement deterrent fence
is necessary. Sec. 545. Request for review. Any dissatisfied
applicant for deterrent fencing who is unable to reach a mutual
agreement with the commission may request, in writing, that the
director review the matter. The request shall be made within
five days of the conclusion of the discussions. Cross
References. Section 545 is referred to in section 561 of this
title. Sec. 546. Amended December 17, 1990, Act 170-1990. Sec.
546. Limitation on expenditures for deterrent fencing. (a)
General rule. - Except as provided in subsection (b), the
director shall not spend in excess of $300,000 annually from the
Game Fund for deer, elk or bear deterrent fences in accordance
with the provisions of this subchapter. (b) Commercial forest
lands. - The director shall not spend in excess of $300,000
annually from the Game Fund for deer or elk deterrent fences on
commercial forest lands to promote and protect the regeneration
of forest flora in accordance with the provisions of this
subchapter. For purposes of this subsection the phrase
"commercial forest lands" shall mean land which is owned or
leased by an individual, corporation or association, operated on
a profit?making basis and meets all of the following
requirements: (1) The land shall consist of a minimum of 1,000
acres. (2) The land is managed for the production or utilization
of forest products on a sustained yield basis as defined by
regulation of the commission. (3) The land is open to public
hunting. Sec. 547. Unlawful acts. (a) General rule. - It is
unlawful for any person to make any fraudulent or false claim,
statement or report required by this subchapter or to violate
any other provision of this subchapter. (b) Penalties. - A
person who makes a fraudulent or false claim, statement or
report commits a summary offense of the first degree. Any other
violation of this subchapter is a summary offense of the fifth
degree.