En EspaŅol

Q. Who is Mr. Smarty Plants?

A: There are those who suspect Wildflower Center volunteers are the culpable and capable culprits. Yet, others think staff members play some, albeit small, role. You can torture us with your plant questions, but we will never reveal the Green Guru's secret identity.

Help us grow by giving to the Plant Database Fund or by becoming a member

Did you know you can access the Native Plant Information Network with your web-enabled smartphone?

Share

Ask Mr. Smarty Plants

Ask Mr. Smarty Plants is a free service provided by the staff and volunteers at the Lady Bird Johnson Wildflower Center.

Search Smarty Plants
    
 
See a list of all Smarty Plants questions
Can't find the answer in our existing FAQs, submit a question to Mr. Smarty Plants.
Need help with plant identification, visit the plant identification page.
 
rate this answer
Not Yet Rated

Sunday - March 08, 2009

From: Saxton, PA
Region: Mid-Atlantic
Topic: Shrubs
Title: Penalty for picking Kalmia latifolia in Pennsylvania
Answered by: Nan Hampton

QUESTION:

What if any is the penalty for picking the Mountain Laurel wild flower in Pennsylvania when it is in bloom?

ANSWER:

Here is what the Pennsylvania Department of Conservation says about Kalmia latifolia (mountain laurel):

"There is a persistent myth that the designation of State flower affords Mountain laurel a protected status. This is not true. No one may remove any plant from public or private land without the landowner's or land manager's permission. But there are no legal restrictions on the cultivation of Mountain laurel."

So, if you have a friend with a mountain laurel, you can pick the flowers with no penalty if they don't mind.  If you pick the flowers on private land without the owner's consent, you could be cited for trespassing and, perhaps, theft.  The rules that apply on public lands are below.

The rules and regulations (applicable to public lands) of the Pennsylvania Conservation and Natural Resources  17 PA CODE § 11.210 say: 

"(a) The following activities are prohibited except with written permission of the Department, or except as provided in subsection (b):  (1)  Cutting, picking, digging, damaging or removing, in whole or in part, a living or dead tree, shrub or plant."

Subsection (b) deals with edible fruits, nuts, berries and fungi that may be gathered "in reasonable amounts, for one's own personal or family cosumption".

Violation of rules regarding conduct on Common wealth property - 18 Pa. Cons. Stat. § 7506 says:

"Violation penalty.--A person who violates any of the rules and regulations promulgated pursuant to this section is guilty of a summary offense."

A summary offense in Pennsylvania, according to post from a police officer on "Ask a Cop" is "any offense that is punishable by a fine of up to $300 and/or 90 days (max) in jail."

Summary offenses are heard and decided by a district judge. You can read more about them here.


Kalmia latifolia

 

 

 

 

More Shrubs Questions

Native replacement for bamboo from Houston
May 21, 2013 - I've read one reply where you do not advise using Bamboo as a privacy fence plant. What do you suggest in its place? The suggestions on the one I read will not work for me. Your suggestions were My...
view the full question and answer

Foundation plants unlikely to provide good shade for rattlesnakes in TX
August 28, 2011 - I would like to plant native grass around my new home in the country near Mason, TX. My concerns are the rattlesnakes that are common here, and if they could "hide" in the native grasses since they ...
view the full question and answer

Fruit crops to grow in Tennessee mountains
May 27, 2013 - My property has a lot of rock formations throughout it and has hundreds of cedars where it is not pasture. I am wanting to grow fruit trees and berry bushes but don't know what can grow in this e...
view the full question and answer

Trees with non-invasive roots or tops in Newhall CA
November 07, 2011 - We would like to plant a tree with noninvasive roots near our garden wall and concrete driveway in a grassy area in the front yard facing west. This spot is very sunny in the afternoon with automatic ...
view the full question and answer

Shady Container Plant for Austin
August 20, 2014 - I am looking for a tall plant/small shrub/ornamental grass for a very large pot that is placed against the north wall of our Austin home. That spot gets some morning sun in the summer, but virtually ...
view the full question and answer

Smarty Plants's Facebook profile Support the Wildflower Center by Donating Online or Becoming a Member today.

Mr. Smarty Plants wants you to be his Facebook friend. Click the Facebook icon to add yourself to Mr. Smarty Plants list of friends.
E-NEWSLETTER | BECOME A MEMBER | DONATE NOW | MEDIA | SITEMAP
© 2014 Lady Bird Johnson Wildflower Center