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Millcreek, PA Invasive Plant Rules: Prohibited Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Where it applies
Trees in the right-of-way of a public street (§ 29-46)
Named prohibited species
Six, including tree-of-heaven and Callery pear
State list
DCNR "Invasive Plants of Pennsylvania," current edition
Minimum tree size
Two inches caliper, measured six inches above finish grade
Replacement guarantee
One year minimum; replace if more than 1/3 dies
Fine
$300 per violation; $600 after a stop-work order

Summary

In Millcreek Township, Erie County, Pennsylvania, no tree on the state Department of Conservation and Natural Resources invasive plant list is authorized in a public street right-of-way. Township Code § 29-46 also prohibits six species by name: Norway maple, sycamore maple, tree-of-heaven, empress tree, Callery pear and Siberian elm.

These regulations shall govern whenever trees are placed, maintained or replaced within the right-of-way of a public street. ... (4) Trees which are known to have invasive characteristics which may escape and spread are to be avoided. No trees included on the list of "Invasive Plants of Pennsylvania" published by the Department of Conservation and Natural Resources (current edition) are authorized. (5) Among others, the following species of trees are prohibited (those marked with an asterisk having cultivars not known to be invasive): Species Common Name Acer platanoides Norway maple* Acer pseudoplantanus Sycamore maple Ailanthus altissima Tree-of-heaven Paulownia tomentosa Empress tree Pyrus calleryana Callery pear* Ulmus pumila Siberian elm

Full Breakdown

Millcreek Township regulates invasive trees through its street tree standard, § 29-46 in Chapter 29, Part 2 of the Township Code. By its own terms the section governs whenever trees are placed, maintained or replaced within the right-of-way of a public street, so it covers new plantings and replacements alike. It is a street standard enforced by the Township, not a ban on every plant in a private yard.

Two layers apply. Section 29-46D(4) says trees known to have invasive characteristics that can escape and spread are to be avoided, and that no tree on the Department of Conservation and Natural Resources list of "Invasive Plants of Pennsylvania" (current edition) is authorized. Because the code points to the current edition, a species added to that list later is caught without a Township amendment. Section 29-46D(5) then prohibits six species by name: Norway maple (Acer platanoides), sycamore maple (Acer pseudoplantanus), tree-of-heaven (Ailanthus altissima), empress tree (Paulownia tomentosa), Callery pear (Pyrus calleryana) and Siberian elm (Ulmus pumila). Norway maple and Callery pear carry an asterisk, which the code defines as having cultivars not known to be invasive. The sentence opens with "Among others," so the six names are a floor, not the full list.

Approved trees have to meet the selection standard in § 29-46D(1): a type whose root structure will not damage paved streets or sidewalks, hardy to the local climate and without invasive characteristics. The code lists suitable species drawn from the Pennsylvania State University street tree sources, including red maple (Acer rubrum), littleleaf linden (Tilia cordata) and sunburst honeylocust. Any other species needs Township approval backed by information the Township accepts, and tree varieties are subject to approval of the Board of Supervisors under § 29-46C(1). Trees must be nursery-grown and a minimum of two inches in caliper, measured six inches above finish grade.

Planting comes with a guarantee. Under § 29-46E(3), street trees are maintained and guaranteed for a minimum of one year after planting, and a tree is replaced if more than 1/3 of it dies during that period. Replacement trees must meet every requirement of the section and carry a guarantee of a minimum of two planting seasons.

Violations & Fines

Street tree standards sit in Article VI of Chapter 29, Part 2, and § 29-30 makes it unlawful for a developer or public utility to build an improvement in violation of the code. A violator who fails to remedy a violation within the time set in a notice of violation faces a fine of $300 for each violation. Continuing work after a stop-work order carries $600 for each violation. Each day is a separate offense, and a judgment adds the Township's costs and attorney's fees.

Frequently Asked Questions

Can I plant a Callery pear in the street right-of-way in Millcreek Township?
Pyrus calleryana appears on the prohibited list in § 29-46D(5), marked with an asterisk that flags cultivars not known to be invasive. The code does not say which cultivars qualify, and § 29-46D(4) separately bars any tree on the Pennsylvania invasive list. Get the exact cultivar approved by the Township before buying, because varieties are subject to approval of the Board of Supervisors.
Does § 29-46 apply to trees in a private back yard?
By its own terms § 29-46 governs trees placed, maintained or replaced within the right-of-way of a public street. It does not set a rule for plantings elsewhere on a lot. For private-lot landscaping, ask the Millcreek Township Planning and Development Department before planting.
Which list decides whether a tree counts as invasive?
The Pennsylvania Department of Conservation and Natural Resources list titled "Invasive Plants of Pennsylvania," in its current edition. Under § 29-46D(4), no tree on that list is authorized for a street right-of-way in Millcreek Township. Because the code refers to the current edition, additions to the state list apply without a new Township ordinance.
What happens if a newly planted street tree dies?
Section 29-46E(3) requires street trees to be maintained and guaranteed for a minimum of one year after planting. If more than 1/3 of the tree dies during that guarantee period, the tree must be replaced. The replacement has to meet every requirement of the section and is guaranteed for a minimum of two planting seasons.

Sources & Official References

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