36 Pa. Stat. § 670-413.1

Current through P.A. Acts 2023-32
Section 670-413.1 - Roadside and landscape development; highway beautification fund

The secretary is hereby authorized to make a part of the establishment, construction, or reconstruction of State highways on the Federal-Aid Highway System, roadside and landscape development and scenic enhancement, including such sanitary and other non-commercial facilities, as may be reasonably necessary to provide for the suitable accommodation of the public, and also including land that will be necessary for the restoration, preservation and enhancement of areas within and adjacent to such highways not to exceed one thousand (1,000) feet from right of way line. Any such roadside landscape and scenic developments may be undertaken as separate projects from highway construction or reconstruction where the secretary deems it proper, and the secretary may acquire property by gift or purchase, or such lesser estate or interest as may be necessary for such purpose not to exceed one thousand (1,000) feet from the right of way line and by eminent domain in base fee not to exceed five hundred (500) feet from right of way line. The secretary may determine the number, location, size, and purpose of such acquisitions, and may employ department personnel or contract for the planning, design, construction, and maintenance in connection therewith. The secretary may promulgate rules and regulations that may be necessary for any such roadside landscape and scenic developments, and any person violating any such rules and regulations posted on or in any such development shall be guilty of a summary offense, and, upon conviction thereof, shall pay a fine of not less than five dollars ($5.00) nor more than two hundred fifty dollars ($250.00), and costs of prosecution, together with any amount which may be necessary to reimburse the Department of Highways or the expense of repairing or replacing any damage to the development resulting from the violation. The secretary may also exercise the powers expressed in this section in such manner and form as to qualify for grants of Federal funds pursuant to the provisions of existing Federal legislation relating to roadside landscape and scenic developments, and policies of the Federal government established in accordance therewith. There is hereby established in the State Treasury a special fund, to be known as the Highway Beautification Fund, into which shall be paid and credited all fines and reimbursements for violations under this section, all receipts of grants of Federal funds for costs of roadside and landscape and scenic development aforesaid, and such amounts as may be appropriated from time to time by law to such fund from the General Fund but in no case exceeding one hundred and ten percent of the amount of Federal funds then available for reimbursement. All costs of roadside and landscape and scenic development pursuant to this act shall be paid from the Highway Beautification Fund, and as much moneys as the secretary shall deem necessary therefor are hereby specifically appropriated from the Highway Beautification Fund to the Department of Highways, provided that no expenditures shall be made from the said fund for any roadside, landscape or scenic development project, the total cost of which exceeds one hundred and ten per cent of the Federal funds then available and which the department reasonably expects to receive as reimbursement for the project.

36 P.S. § 670-413.1

1945, June 1, P.L. 1242, art. IV, § 413.1, added 1966, Special Sess., No. 3, Sept. 27, P.L. 94, § 1.