Commonwealth Court Restricts Mulching

In Tinicum Township v. Nowicki, the Pennsylvania Commonwealth Court held, in a four to three opinion, that a mulching operation does not qualify as an agricultural operation or a forestry activity entitling it to protection under the Municipalities Planning Code (MPC) and/or the Right to Farm Act. 

The Nowicki case involved a three acre property formerly used as a quarry and located in the township's extraction zoning district. The applicant hauled in raw materials, including tree stumps, yard waste and logs to the property; with some similar materials being brought in by third party landscapers. The applicant processed these materials into mulching using a tub grinder then delivered the finished mulch offsite to third party users.