Can we seek damages for unauthorized tree removal in wetlands?

Full question:

Contractor came in three years ago and cut down 50-100 trees in our wetlands...Our 'attorney' said we have to prove that the property value is less now than it was before the damages..We have photos of before and after and the destruction and trees ruined and being hauled away...No trespassing signs posted and ignored. Our 'attorney' said only case is trespassing for 25.00 fine We think this cannot be right The trees that were cut provided noise, privacy and wind barrier and of course were beautiful...tall...some valuable...walnut...Space is now bare and was forested wetlands...Environmental protection wanted nothing to do with this sticky wicket..Developer well known in township for doing what he wants despite laws...We're very frustrated and cannot imagine we have no case.

• Category: Trees
• Date: 04/07/2025
• State: Pennsylvania

Answer:

You may have the right to seek damages for the unauthorized removal of trees. Under Pennsylvania law, if someone cuts or removes timber without consent, they can be liable for damages. This includes costs for assessing the timber's value and any necessary erosion control measures (42 Pa.C.S.A. § 8311). The damages awarded can vary based on the circumstances:

• If the act was deliberate, you may receive three times the market value of the timber.
• If it was negligent, you could receive two times the market value.
• If the defendant believed they had a reasonable right to act, you may receive just the market value.

Additionally, if the act was particularly egregious, punitive damages might be applicable. It's essential to gather all evidence, including your photos, to support your case. If your attorney is only suggesting a trespassing claim, you might want to seek a second opinion regarding the potential for a more substantial claim based on timber conversion.