§543. Purchase of materials and construction.

(a) Purchase and delivery of materials.--The commission may purchase and deliver to the appropriate sites the required amount of wire fencing, staples, insulators, posts or other material necessary to construct a deer, elk or bear deterrent fence approved by the commission.

(b) Construction of deer or elk deterrent fences.--

(1) The commission may construct, or may enter into contracts for the construction of, or enter into a written agreement with the applicant for the construction of, deer or elk deterrent fences on sites approved by the commission.

(2) In making application for a deterrent fence under the provisions of this subsection, the applicant shall agree to one of the following three fence construction options:

(i) The commission may construct, or may contract for the construction of, the deterrent fence.

(ii) The applicant may, within six months of delivery of materials, construct the deterrent fence.

(iii) The applicant may contract with a third party for the construction of the deterrent fence.

(3) After any deterrent fence is constructed and approved by the commission under the option specified in paragraph (2)(i), the commission shall pay for the cost of installation, and the landowner or lessee shall then reimburse the commission for 50% of the cost of installation.

(c) Construction of bear deterrent fences.--Prior to delivery under subsection (a), an applicant for a bear deterrent fence shall have agreed, in writing, with the commission to construct the bear deterrent fence without cost to the commission and to complete construction of the bear deterrent fence within seven days from the date the material is delivered to the site. In case the bear deterrent fence is not completed within the stipulated time, the commission may recover the materials it furnished at such time and in such manner as desired or found practical.

(d) Specifications.--All deterrent fences shall be constructed and installed in accordance with plans and instructions supplied and approved by the commission.

(e) Reimbursement of applicant for materials.--The commission may, through prior written agreement with the applicant, pay the applicant for any or all materials necessary to construct a deterrent fence within the time limitations set forth in this section.

(Dec. 17, 1990, P.L.687, No.170, eff. imd.)