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Lower Paxton, PA Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in Lower Paxton, PA, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Approval body
Shade Tree Commission, written approval required
Digging near trees
Written Township permission needed within 20 feet of a shade tree
Healthy tree removal
Only if one of four § 162-7 criteria exists
Replacement deadline
Within six months of removal
Fine
$50 to $600 plus costs, each day separate

Summary

In Lower Paxton Township, Dauphin County, no one can plant, cut, trim or remove a shade tree in the public right-of-way without written approval from the Shade Tree Commission. Removing a healthy tree is barred unless the Commission finds one of four listed criteria, and a violation carries a fine of not less than $50 nor more than $600 plus costs.

No person shall plant, cut, trim or remove any shade tree or parts thereof under the jurisdiction of the Township or fasten any sign, wire, rope or other material to, around or through any shade tree without written approval from the Shade Tree Commission. No electrical installations shall be attached to any shade tree nor shall excavating of trenches or tunnels be dug within 20 feet of any shade tree without first obtaining written permission from the Township. ... Removal by the property owner of nondiseased trees or those not infested by insects shall not be permitted within the right-of-way unless, in the judgment of the Shade Tree Commission, one or more of the following criteria exist: ... A tree is causing traffic safety problems and pruning or other less invasive techniques would not eliminate the problems.

Full Breakdown

The rule starts in § 162-5 of the Lower Paxton Township Code. Chapter 162 defines a shade tree as any planted tree located within the right-of-way of the public streets and highways of the Township, and the definition excludes vegetation growing naturally within the right-of-way. For those trees, no person can plant, cut, trim or remove one, or fasten any sign, wire, rope or other material to, around or through it, without written approval from the Shade Tree Commission. Electrical installations cannot be attached to a shade tree, and trenches or tunnels cannot be dug within 20 feet of one without written permission from the Township.

The Shade Tree Commission has five members, all Township residents serving without compensation, appointed by the Board of Supervisors to five-year terms (§ 162-3). Under § 162-4 it holds sole custody and control of the shade trees and can authorize the abutting property owner, or another entity, to plant, remove, maintain and protect them.

Section 162-7 sets two tracks for removal. For a tree afflicted with disease or infested with an insect that threatens other shade trees, the Commission can give 30 days' written notice and require the abutting owner to cut and remove it. If the owner does not comply, the Township can do the work and collect the cost from the owner. For a healthy tree, removal by the owner is not permitted unless the Commission judges that one of four criteria exists: substantial damage from underground utility work where no alternative such as tunneling, sleeving or relocation exists; a traffic safety problem that pruning or less invasive techniques would not eliminate; substantial sidewalk or curb damage where repair would inflict serious root damage; or overhead utility maintenance that would require removal of 2/3 or more of the crown.

Approval can carry conditions. Under § 162-15 the Commission can require the owner, at the owner's expense, to plant a replacement and direct its type, size, location and planting season. The replacement must go in within six months of removal, and the Commission should be notified when the work is finished so the file can be closed. Under § 162-12 the stump must be removed to a point not less than six inches below the surrounding grade. Contractors who remove trees in the right-of-way need general liability coverage with a policy limit of not less than $500,000 for each occurrence (§ 162-21). Hazardous trees and dead branches fall under § 162-14, which lets the Commission order removal at the owner's expense and, in an emergency or imminent hazard, within 24 hours or less.

Violations & Fines

Under § 162-26, a person, firm or corporation convicted of violating Chapter 162 pays a fine of not less than $50 nor more than $600, plus the costs of prosecution, and each day the violation occurs or persists is a separate offense. Work the Township performs for an owner is invoiced and due 30 days later; unpaid costs become an assessment on the property and the Township Solicitor files a lien (§ 162-23). Damaging a shade tree can also be charged to the responsible person as repair, replacement or the appraised value of the tree (§ 162-11).

Frequently Asked Questions

Do I need permission to cut down a tree in front of my house in Lower Paxton Township?
If it is a planted tree in the public right-of-way, yes. Section 162-5 requires written approval from the Shade Tree Commission before anyone plants, cuts, trims or removes it. A healthy tree can be removed only if the Commission finds one of the four criteria listed in § 162-7.
Can the Township make me plant a replacement tree?
Yes. Under § 162-15 the Commission can make approval of a removal conditional on the owner planting another tree at the owner's expense. The Commission directs the type, size, location and season, and the replacement must be planted within six months of removal.
What happens if a street tree is diseased or infested?
Under § 162-7 the Commission can give the abutting owner 30 days' written notice to cut and remove the tree. If the owner does not comply, the Township can do the work itself and collect the cost from the owner of the abutting property.
Who removes the stump after a tree comes down?
The abutting property owner. Section 162-12 requires the stump to be removed to a point not less than six inches below the grade of the surrounding area. If a replacement tree is going in at the same spot, the stump is removed to make room for it.

Sources & Official References

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