Commonwealth Court Restricts Mulching (2)

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 mulch using a tub grinder, then delivered the finished mulch offsite to third party users.