30 Pa.C.S. Ch. 7

in effect

30 Pa.C.S. § 701 Acceptance of donations of money or property.

The commission may accept from any person donations which, if in the form of money or securities, shall be placed in the Fish Fund or Boat Fund and used for the purposes set forth in section 521 (relating to establishment and use of Fish Fund) or section 531 (relating to establishment and use of Boat Fund), as applicable, or, if in the form of real or personal property, shall be utilized or disposed of as provided by law.

30 Pa.C.S. § 702 Execution of contracts and leases.

The executive director shall represent the commission in the execution of land purchase contracts and in the execution of leases and other similar agreements approved by the commission.

30 Pa.C.S. § 703 Damage to property.

(a) Unlawful act.--It is unlawful to intentionally or recklessly destroy or cause damage to property owned, leased or otherwise controlled by the commission or any improvements thereon. Any person who intentionally causes pecuniary loss in excess of $5,000 commits a felony of the third degree. Any person who intentionally causes pecuniary loss in excess of $1,000 commits a misdemeanor of the second degree. Any person who intentionally or recklessly causes pecuniary loss in excess of $500 commits a misdemeanor of the third degree. Otherwise destroying or causing damage to commission property or any improvements thereon is a summary offense of the first degree. (b) Restitution.--A person who intentionally or recklessly destroys or causes damages to commission property, or an improvement on commission property, shall, upon conviction, make restitution in addition to paying the penalty under section 923 (relating to classification of offenses and penalties). Restitution shall be based on the total cost to repair or replace the destroyed or damaged property or improvement. (Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; July 1, 2020, P.L.522, No.40, eff. 60 days)

30 Pa.C.S. § 721 Acquisition of property.

(a) General rule.--The commission may by purchase, gift, lease, eminent domain or otherwise acquire within this Commonwealth: (1) Title to, or control of, lands, waters and buildings. (2) Fishing rights, easements, rights-of-way or other interests in land and waters which are suitable for: (i) The protection, propagation and management of fish life. (ii) Public fishing and boating and access thereto. (iii) Administrative purposes. (iv) Such other uses as are provided for in this title. (b) Consent required.--All acquisitions of lands shall be made only with the consent of a majority of the members of the commission. (c) Tax delinquent lands and waters.--The commission may purchase tax delinquent lands and waters from the commissioners or treasurers of the various counties as provided by law.

30 Pa.C.S. § 722 Improvements to property.

The commission may purchase, construct, repair and maintain buildings and other improvements on lands acquired for its use and under its control as may be deemed necessary for their proper utilization, maintenance, protection, development, administration, propagation of fish experimental activities or any other purpose incident to the functions of the commission. The contract for and the construction of the buildings shall be in accordance with the provisions of existing law governing the erection of buildings for Commonwealth agencies.

30 Pa.C.S. § 723 Rights-of-way and other rights.

The commission may lease or otherwise secure rights-of-way on and across public or private lands and waters or other rights which may be required to conduct its proper functions.

30 Pa.C.S. § 724 Certification of title or title insurance.

The title records for lands acquired shall first be carefully searched and examined by the commission and when the commission is satisfied that a valid title can be secured the commission shall obtain a certification of title from an attorney at law or title insurance from a title company authorized to do business within this Commonwealth insuring the title of the commission to the lands being acquired or brought under its control.

30 Pa.C.S. § 725 Price paid for acquisitions and improvements.

The commission shall pay what it considers to be a fair and reasonable price for acquisitions and improvements consistent with the purposes for which they are intended and expending, during any year, only such amount as, in its opinion, can be allotted for those purposes.

30 Pa.C.S. § 726 Title to property.

The title to any lands or waters acquired by purchase, gift, exchange or otherwise shall be taken in the name of the Commonwealth for the use of the commission.

30 Pa.C.S. § 727 Designation of property.

The commission may designate lands which it secures title to, or total or partial control of, as it sees fit.

30 Pa.C.S. § 728 Exemption from taxation.

Lands, waters or buildings to which title has been acquired in the name of or for the use of the commission shall be exempt from the payment of all taxes except such fixed charges as apply to and are imposed upon Commonwealth forests.

30 Pa.C.S. § 741 Control of property.

(a) General rule.--The entire control of all lands or waters owned, leased or otherwise controlled shall be under the sole direction of the commission and the commission may promulgate such rules and regulations for its use and protection as it deems necessary or in the best interests of the Commonwealth. The acquisition, use and management of such lands or waters owned, leased or otherwise controlled by the commission shall not be subject to regulation by counties or municipalities. (b) Penalty.--Any person violating rules and regulations promulgated under subsection (a) commits a summary offense of the third degree, but a person violating a regulation governing parking of vehicles on commission property commits a summary offense of the fourth degree. (Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days) 2012 Amendment. Act 211 amended subsec. (a).

30 Pa.C.S. § 742 Use of property.

(a) General rule.--All or part of lands and waters to which title has been acquired for the use of the commission or which have been leased may be used to create and maintain Commonwealth fish cultural stations, Commonwealth fish propagation areas or public fishing grounds for fish propagation experiments or special preserves as provided for in this title. The commission may permit its employees to reside on those lands. (b) Camping and boat mooring and storage.--No campsite lease may be issued to any person but camping and boat mooring and storage may be permitted on commission owned or controlled land under such rules or regulations as the commission may establish. (c) Permits, licenses and leases.--The commission may issue permits and licenses and enter into leases for camping, boat mooring and storage and any other use of its lands other than fishing and boating and may charge such fees or rentals as it deems reasonable. (d) Gas storage.--The commission may grant rights for underground storage of natural gas at such charge as it deems reasonable. (e) Use of commission lakes and access areas by unpowered boats.--The commission shall, by regulations adopted within one year after the effective date of this section, provide for issuance of use permits valid for one or two years for unpowered boats, which are not registered in accordance with law, to use commission property. On and after the effective date of the regulations promulgated hereunder by the commission, the owner of an unpowered boat that uses commission property shall have the option of registering the boat or purchasing a use permit issued under the authority of this section. The commission shall establish fees for use permits issued under this section, which fees shall not exceed the fees charged by the Department of Conservation and Natural Resources for boat launch permits for State parks lakes. The commission shall, in cooperation with the department, provide for reciprocal or joint use/launch permits for unpowered boats to use both commission and State parks lakes and access areas. (Dec. 20, 2000, P.L.828, No.115, eff. imd.) 2000 Amendment. Act 115 added subsec. (e).

30 Pa.C.S. § 743 Exchange or sale.

The commission may, by resolution adopted by unanimous vote at a meeting at which at least a majority of the members are present and voting, authorize the exchange or sale of all or part, including improvements and appurtenances, of any lands, waters or buildings to which title has been acquired in return for fair market value or privately-owned lands, waters or buildings having an equal or greater value, when the commission deems such exchange or sale to be in the best interests of the Commonwealth. In addition, the commission may exchange timber cut from lands to which the commission holds title for suitable lands having an equal or greater value.

30 Pa.C.S. § 744 Disposition of timber and minerals.

The commission may dispose of, by lease, sale or otherwise, timber, minerals, oil and gas, or rights therein, on or under lands to which it has acquired title.

30 Pa.C.S. § 745 Rights-of-way, easements and licenses.

(a) General rule.--On and across lands to which title has been acquired for its use the commission may, at such charge or fee as the commission may establish, grant: (1) Rights-of-way or licenses therefor for roads, for pipe, electric and other utility lines and for telephone and telegraph lines. (2) Water rights or rights to maintain airway signals or forest fire observation towers when these grants will not adversely affect fish protection and propagation. (b) Charges.--The commission may charge for these grants such remuneration and damages as it deems the conditions and circumstances warrant. (c) Approval.--The commission shall approve by majority vote the granting, sale, lease or exchange of any easement, permanent right-of-way or irrevocable license for use of commission property. The executive director may approve the granting, sale, lease or exchange of a revocable license for use of commission property.

30 Pa.C.S. § 746 Leases.

Notwithstanding any other provision of law, the executive director, with the approval of the commission, may lease any land or interests in land over which the commission exercises title or control for a term not to exceed 25 years when the commission determines that the lease will promote public fishing or boating or access to the waters of this Commonwealth or will otherwise further the interests of the commission.

30 Pa.C.S. § 747 Proceeds from sales and grants.

All net proceeds from the sale of lands, waters, timber, oil, gas or other minerals, leases of commission lands, waters or interests or rights from the production or sale of minerals and from licenses or other rights, granted by the commission, shall be deposited in the Fish Fund or, if moneys from the Boat Fund were expended to acquire the lands, in the Boat Fund. If moneys from both the Fish Fund and the Boat Fund were expended to acquire the lands, then the proceeds shall be deposited in the respective funds in proportion to the amount expended from each fund for the acquisition of the lands. Cross References. Section 747 is referred to in section 531 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=30Fetched: 10/16/2026