Native Plants
![](../_images/smarty_plants.gif)
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.
Did you know you can access the Native Plant Information Network with your web-enabled smartphone?
Ask Mr. Smarty Plants is a free service provided by the staff and volunteers at the Lady Bird Johnson Wildflower Center.
![](../_images/mr_smarty_plants_logo_web_200w.jpg)
rate this answer
![](../_images/star_00.gif)
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.
More Shrubs Questions
Winter pruning of lantana from Austin
February 12, 2013 - I live in north Austin. Due to our mild winter, my lantana has not died off this season as it usually does after a freeze - and so I have not cut it back yet this year which I typically do about right...
view the full question and answer
Hearty, bushy native plants for windowboxes in Abilene, TX
October 08, 2005 - I live in Abilene, Tx and am a horrible gardener. I would love to have window boxes with some sort of hearty bushy plant. Any suggestions, I'm at a total loss...? Thanks!
view the full question and answer
Evergreen for sunny, dry area under a maple in Connecticut
October 10, 2015 - I have a sloped, very sunny, dry area under a maple. I was wondering if Sweet Fern would be a likely candidate for this area. I would like it to
be evergreen and to be able to survive under mounds of...
view the full question and answer
Shade Tree for Baltimore Patio
September 11, 2013 - I am looking for a deep-rooted shade tree (or a tall shrub) for near my patio in Baltimore, Md. I desire shade in summer, but with minimum impact to the patio. The tree would be about 20 feet from the...
view the full question and answer
Low-growing plant for grave in boggy Newfoundland
May 30, 2008 - I am looking for any suggestions on what type of plant I can plant on a grave. It is very boggy (peat)land. I want something that is hardy & not too tall. We have about 8 weeks of summer, July & Augus...
view the full question and answer
Support the Wildflower Center by Donating Online or Becoming a Member today. |