- Animal welfare takes precedence over wood maintenance - this is stated in Section 39
- Clearly defined time frame leaves no doubts
- Failure to comply will result in severe fines
If the hedge and treetop resemble a grown-out haircut, a trimming back restores the neat appearance. Attention: careless use of scissors and saws can have legal repercussions. Section 39 of the Federal Nature Conservation Act is dedicated to animal welfare in connection with trimming hedges and trees. This guide sums up how to handle pruning in accordance with the law.

Animal welfare takes precedence over wood maintenance - this is stated in Section 39
The increasing sensitization for the protection of nature resulted in the amendment of § 39 in the Federal Nature Conservation Act in 2010. The aim of the federal regulations is to protect the mini ecosystem that develops within hedges and treetops. In paragraph 1, the safety of wild animals is placed clearly above horticultural needs. In relation to hedge and tree trimming, two premises are in focus:
It is forbidden:
- willfully disturbing, alarming, injuring or even killing wild birds and small animals
- Damaging or destroying habitats and breeding grounds of wild animals for no reasonable reason
Additional provisions of § 39, paragraph 1, refer to the commercial removal of protected plants from nature, which are irrelevant for pruning in private gardens.
Clearly defined time frame leaves no doubts
In section 5 of § 39, the Federal Nature Conservation Act sets a precise time frame that leaves no questions unanswered for the handling of prunings in hobby gardens. The key statements in a nutshell:
It is forbidden:
- from March 1st to September 30th to cut, clear or plant any shrubs
- from October 1st to February 28th to trim hedges and treetops where wild animals spend the winter
It follows from these regulations that radical pruning measures are permitted in winter, provided that it has been ensured beforehand that no small animals hibernate in the wood. Furthermore, slight grooming cuts are permitted between March 1st and September 30th, provided they are limited to this year's growth. However, if it is a hedge or treetop with nesting birds or breeding grounds for small mammals, the basic ban on disturbing wild animals applies.
Numerous special regional regulations
The Federal Nature Conservation Act primarily specifies the nationwide framework for hedge and tree trimming. The specific implementation is subject to the federal states and municipalities. In many regions, the provisions of Section 39 do not apply to tree trimming in private gardens. Various municipalities have in turn tightened the regulations considerably. Therefore, please ask the responsible public order office before you devote yourself to the pruning.
Failure to comply will result in severe fines
The legislature enforces the orders with considerable penalties. The state of Bavaria punishes the illegal clearing of a hedge with a fine of 15,000 euros. The state of Lower Saxony punishes gardeners who plant a hedge within the summer grace period with a fine of up to 25,000 euros. The sanctions are also imposed if the violation was unintentional and negligent.
tips
If you do not use a manual hedge trimmer or pruning shears for the cut, the Noise Protection Act comes into focus. In Germany, motorized gardening equipment may be operated in residential areas from 9 a.m. to 1 p.m. and again from 3 p.m. to 5 p.m. In some municipalities, the time window is open longer, so it is worth asking the public order office.