Trees on private land
According to the provisions of the Tree Protection Ordinance, a permit is required for the felling of trees or the cutting of protected trees or hedges. In order to obtain this, a written application to the locally responsible district office is required....
According to the provisions of the Tree Protection Ordinance, a permit is required for the felling of trees or the cutting of protected trees or hedges. In order to obtain this, a written application to the locally responsible district office is required. Alternatively, you can also use the “Cut down or prune trees and other shrubs” online service.
The Tree Protection Ordinance does not apply to fruit trees and to individual trees with a trunk diameter of less than 25 cm, measured at a height of 130 cm. The pruning of hedges (removal of annual growth) is also not covered by the Tree Protection Ordinance and therefore does not require a permit.
Note: The Tree Protection Ordinance does not apply in designated protection areas (landscape protection/nature protection areas). All trees and shrubs are usually protected here. A written application is also required for felling.
In the period from 01.03 to 30.09 of a year it is generally forbidden for reasons of species protection to cut down trees, hedges and bushes or to plant them, even if they are not otherwise protected. Exemptions are only possible in individual cases.
Important notes
Prerequisites
Permission for felling or pruning of trees can be granted if there is an exceptional situation. This is the case, for example, if
- a tree is badly damaged, dying or dead, in danger of falling or breaking,
- a tree impedes a permissible construction project and is not of particular importance,
- a tree impairs residential use in an unreasonable way. In these cases, the importance of the tree for the landscape and its ecological value must be taken into account in the assessment
- The removal or shortening of branches and twigs is permitted if they are in danger of breaking, if they hit directly on a roof or a house wall, significantly impede entering or driving on a property or grow into the prescribed free space of the street, shade street lighting, cover traffic lights or when it comes to tree-preserving care cuts.
Documents required
- Informal application or application form
- Possibly photos of the tree
- Possibly power of attorney of the landowner
- A wood inventory plan is required for construction projects.
Please note
To ward off acute dangers, the tree may be felled immediately or the danger eliminated. The dangerous situation or felling must be documented with the help of photos or similar and reported to the district office.
Violations of the Tree Protection Ordinance can be punished as an administrative offense with a fine.
In principle, the obligation to ensure traffic safety is the responsibility of the tree and land owner. He must carry out a careful visual inspection of the tree at appropriate intervals. This also applies to the rejection of a case application. If you are unsure, you should commission a specialist company to carry out an inspection.
Deadlines
Felling approvals are granted for a limited period (usually for three years). Within this period, after the approval has been granted, felling may take place, taking into account the specified protection period (03/01 to 09/30).
Procedure & Fees
Procedure
As an alternative to submitting a written application, you can also use the online service “Cut down or prune trees and other shrubs”. There you will find all the important information and forms (e.g. power of attorney). The integrated case check determines whether a permit is required. If yes, in the second step you can accept the entered data, upload the required documents and submit the application online. The district office then examines the application and grants approval if the requirements are met.
Processing time
The processing time depends on the scope of the test in each individual case. The district office endeavors to process applications as quickly as possible.
Fees
The costs are currently between 25 and 2000 euros.
Legal notes
Legal remedies
An objection is possible against a negative decision.
Legal basis
Tree Protection Ordinance (BaumSchV) in conjunction with the Federal Nature Conservation Act (BNatSchG)
Downloads & Links
Links on the Internet
Find out your responsible facility
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Last updated: 19.04.2024