TREE FELLING
the essentials in brief
Trees may only be felled from October to the end of January, provided that the felling does not affect wildlife.
Even on private properties, trees may only be felled if their trunk diameter is less than 80cm (deciduous tree), 100cm (conifer) or 150cm (fruit tree). However, regional differences in the specifications must be observed and clarified!
Very often a replacement planting has to be done.
When is it allowed to fell trees?
Felling a tree is subject to the strict requirements of the Federal Nature Conservation Act (BNatSchG). To protect breeding birds, a grace period has been set that applies to all federal states. From March 1st to September 30th it is forbidden to saw trees on private property.
From October 1st, tree felling is permitted on private properties until February 28th. This permit is only valid if it is reliably established in the context of the tree approach that the felling does not affect wild animals, damage or destroy their breeding and resting places.
Private trees are subject to tree protection statutes
The form in which the Federal Nature Conservation Act is actually implemented and, if necessary, expanded is a matter for the federal states and municipalities in Germany. As a result, it is the responsibility of the regional administrations to protect the trees on private property within the framework of a statute. Cities and municipalities adapt their tree protection statutes to the local framework.
The following information gives a rough overview of the trunk diameter up to which trees can be felled on private property:
Deciduous tree: Trunk diameter up to 80 cm
Deciduous tree (multi-stemmed): Trunk diameter up to 50 cm
Conifer: Trunk diameter up to 100 cm
Conifer (multi-stemmed): Trunk diameter up to 60 cm
Fruit tree: Trunk diameter up to 150 cm
Fruit tree (multi-stemmed): Trunk diameter up to 100 cm
In some federal states, trees can be felled on private property all year round, regardless of the trunk diameter.
Inquire about regional tree protection statutes!
Some municipalities do not have a tree protection statute at all, others go far beyond the general requirements outlined above. It is not advisable to rely on rough nationwide guidelines on tree felling. In the worst case, you will face heavy fines if you cut down trees on your private property that are subject to a permit.
Please contact the lower nature conservation authority at the District Office in advance to inquire about the specific requirements for your home region. An informal inquiry to your municipality or city administration also sheds light on the darkness. Sometimes you can download the relevant application forms from the website of the responsible municipality.
Without tree protection statutes, there is a risk of deforestation
Despite increasing environmental awareness, property owners shamelessly exploit the liberal stance of their municipalities. Where there is no tree protection statute, private tree felling activities take on worrying proportions.
Special case border trees
Boundary trees give property owners an especially tough nut to crack when they have to give way. If the location of the tree is directly on aProperty line, several owners have a say. If the tree is in the garden of condominiums, similar concerns should be noted. This also applies if a resident has a special right of use for the part of the garden in question on which the tree grows. As a rule, it must first be voted at an owners' meeting whether the tree can be felled.
What fine is a private property owner incurred for sawing trees without a permit?
The amount of the fine depends on the federal state in which the illegal tree felling occurred. Those affected get the cheapest in the East German federal states, Brandenburg, Saxony and Saxony-Anhalt with up to 15,000 euros. You have to dig deep into your pocket in Lower Saxony, Hamburg and Bavaria with up to 50,000 euros. Grace your budget when your garden with the felled tree is in Mecklenburg-Western Pomerania, because you have to pay up to 100,000 euros here.
You can find further information in the following texts:
- Act on nature conservation and landscape management (Federal Nature Conservation Act - BNatSchG)
Section 29 Protected landscape components - Bavarian Nature Conservation Act(Esp. Art. 51 Competence for issuing statutory instruments)
- regional tree protection statute
