Subchapter F. PRIVATE WILD PLANT SANCTUARIES
Sec.
45.81. Establishment.
45.82. Purpose.
45.83. Application.
45.84. Criteria for issuance of designation.
45.85. Responsibilities.
45.86. Withdrawal of designation.
45.87. Revocation.
45.88. Private wild plant sanctuary restrictions.
45.89. Transfer of private wild plant sanctuary designation prohibited.§ 45.81. Establishment.
The Department may designate sites as private wild plant sanctuaries upon request.
§ 45.82. Purpose.
This subchapter provides protection for this Commonwealth’s native wild plants and their habitat.
§ 45.83. Application.
(a) An application for private wild plant sanctuary designation shall be concurred in by all parties with an interest in the land and submitted to the Department by the landowner on forms provided by the Department. The forms shall contain a space for the signatures of all parties with an interest in the land, indicating their approval for private wild plant sanctuary designation.
(b) An application for private wild plant sanctuary designation shall contain the following information:
(1) The name, address and phone number of applicant.
(2) The location of the area to be designated, including a copy of a U.S.G.S. 7½ minute quadrangle or part thereof with the location plotted thereon.
(3) The size of the area.
(4) A description of the area including:
(i) Classified plant species existing on the site.
(ii) Habitat description.
(5) Other current and planned uses of the area.
(6) Other information the Department may require.
(c) An application for private wild plant sanctuary designation shall be verified by the applicant with a statement that the information contained in the application is true and correct to the best of the applicant’s knowledge, information and belief.
§ 45.84. Criteria for issuance of designation.
A designation of private wild plant sanctuary will not be made unless the applicant demonstrates and the Department finds the following:
(1) The proposed private wild plant sanctuary will benefit and provide protection for native wild plants and their habitats.
(2) The area proposed for private wild plant sanctuary designation is relatively undisturbed.
(3) The area contains an occurrence of a classified native wild plant species, is a habitat suitable for a classified native wild plant species, or is deemed by the Department to be a unique habitat or plant community; or if designated, the area would significantly enhance efforts to protect classified native wild plants.
§ 45.85. Responsibilities.
(a) The landowner of a designated private wild plant sanctuary shall utilize the designated lands and waters in a manner consistent with the purposes of sanctuary designation.
(b) The landowner shall notify the Department, in writing, of the following:
(1) An intent to sell or transfer ownership of the land on which the designated private wild plant sanctuary is located.
(2) Threats to the designated private wild plant sanctuary or the classified native wild plants within.
(3) Significant habitat changes within the designated private wild plant sanctuary.
(4) A proposed change in land use of the designated area.
§ 45.86. Withdrawal of designation.
Designation as a private wild plant sanctuary may be withdrawn at the request of the landowner.
§ 45.87. Revocation.
The Department may revoke designation of a private wild plant sanctuary for good cause. Good cause includes, but is not limited to, the following factors:
(1) Degradation of the private wild plant sanctuary site.
(2) Failure to comply with a term or condition of the private wild plant sanctuary designation.
(3) Failure to comply with the act or this chapter.
(4) Failure to utilize the lands in a manner deemed by the Department to be consistent with the purposes of private wild plant sanctuary designation.
§ 45.88. Private wild plant sanctuary restrictions.
A person, other than the landowner or a person having a bona fide property interest in the affected land, may not willfully adversely alter or destroy the local ecosystem of a private wild plant sanctuary.
§ 45.89. Transfer of private wild plant sanctuary designation prohibited.
Private wild plant sanctuary designations are nontransferable.
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