Apply for permission to fell or prune trees

Prerequisites

• You are the owner of the property on which the tree is located, or an authorized representative for the measure
• There is a special reason for felling the tree
  • the tree is severely damaged, dying or dead, threatens to fall over or break
  • the tree obstructs a permissible building project
  • the tree unreasonably impairs residential use
• There is a specific reason for removing or shortening branches and twigs:
  • they are prone to breakage,
  • they hit a roof or a house wall directly
  • they significantly hinder entry or access to a property
  • they grow into the prescribed free space of the road
  • they shade or obscure street lighting or traffic lights
  • it is a tree-preserving pruning

Documents required

• Photos (Photos should always be submitted if possible. This is the only way to inspect the actual condition of the trees without a fee-based external appointment. If the photos are not sufficient, an external appointment will be scheduled)
• If applicable: Power of attorney from the property owner
• For construction projects: Tree inventory plan (The documents, which also serve as an appendix to the decision, must show with sufficient precision which measures are to be implemented on which trees. For all other applications, documents that meet the requirements for sufficient specificity are sufficient.)

Please note

The permit is usually granted subject to conditions (for example, replacement planting or payment of a compensatory fee).

Protected are

• Trees with a trunk circumference of 80 cm or more,
• Groups or rows of trees of at least 3 trees, one of which has a trunk circumference of at least 50 cm
• multi-stemmed trees, of which at least one trunk has a trunk circumference of 50 cm
• Hedges with a minimum height of 80 cm

The trunk circumferences are to be measured at a height of 130 cm.

In designated landscape and nature conservation areas, all woody plants are generally protected. Felling always requires permission.

To avert acute dangers, a tree can be felled immediately or the danger can be removed. You must document the dangerous situation or its removal, for example with help. You must then report the removal to the responsible authority.

It is forbidden to remove or cut down trees and shrubs between March 1 and September 30 of each year. However, there are exceptions that may justify taking action outside of this period.

Deadlines

Application deadline: None. However, you must have the approval before you start the measure.




The permit is usually granted for a period of 3 years.

Procedure

• When you use the online service, the integrated case review determines in advance whether approval is required in your case and tells you what documents you need to submit.
• You submit your application together with the necessary documents to the responsible authority.
• The responsible authority will examine your application and, if necessary, request the necessary documents and information from you.
• The responsible authority will inform you of the decision on your application in writing.
• You will receive a fee notice. You pay the fees.

Processing time

You must expect a processing time of up to several weeks .

Fees

25.00 EUR - 2,000.00 EUR

Legal remedies

Contradiction

Legal basis

§ 29 Federal Nature Conservation Act (BNatSchG)

www.gesetze-im-internet.de/bnatschg_2009/__29.html


§ 39 Federal Nature Conservation Act (BNatSchG)

www.gesetze-im-internet.de/bnatschg_2009/__39.html


§ 44 Federal Nature Conservation Act (BNatSchG)

www.gesetze-im-internet.de/bnatschg_2009/__44.html


§ 5 Tree Protection Ordinance (BaumSchVO)

www.landesrecht-hamburg.de/bsha/document/jlr-BaumSchVHA2023pP5


§ 6 Tree Protection Ordinance (BaumSchVO)

www.landesrecht-hamburg.de/bsha/document/jlr-BaumSchVHA2023pP6