The right to rule over private land reaches its limits when it comes to felling trees. If a tree grows over the head of a hobby gardener, the question arises: Can trees be felled on private property? This guide explains why you shouldn't just cut down an intruding tree. This is how you avoid costly frustration.

Rules for felling trees on private property vary from country to country

Table of Contents

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  1. the essentials in brief
  2. When allowed?
  3. Tree protection statute for private trees
  4. Check the regional tree protection statute
  5. Example of tree protection statutes in Aachen
  6. Special case border trees
  7. frequently asked Questions

    8. the essentials in brief

    • Trees may only be felled from October to late January, provided the felling does not affect wildlife.
    • Even on private property, trees may only be felled if their trunk diameter is less than 80 cm (deciduous trees), 100 cm (coniferous trees) or 150 cm (fruit trees).
    • Regional differences in the specifications must be observed!
    • A replacement planting is almost always necessary.

    When is felling trees allowed?

    Felling a tree is fundamentally subject to the strict requirements of the Federal Nature Conservation Act (BNatSchG). To protect breeding birds, a grace period has been established that applies to all federal states. From March 1st to September 30th it is forbidden to cut down trees on private property. Paragraph 39 has been known to hobby gardeners for years because pruning is generally prohibited during this time.

    Tree felling is permitted on private properties from October 1st until February 28th. This permit is only valid if it is reliably determined during the tree survey that the felling does not affect wild animals, damage or destroy their breeding sites 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 local authorities in Germany. As a result, it is up to the regional administrations to protect the trees on private land within the framework of a statute. Since cities and municipalities adapt their tree protection statutes to the local framework conditions, other requirements apply in Saxony, Hamburg and Schleswig-Holstein than in Bavaria or Baden-Württemberg. The following table provides a rough overview of the trunk diameter up to which trees can be felled on private property:

    tree species trunk diameter multi-stemmed
    deciduous tree up to 80 cm up to 50 cm
    conifer up to 100 cm up to 60 cm
    fruit tree up to 150 cm up to 100 cm

    In some federal states, trees on private property can be felled all year round, regardless of the diameter of the trunk. The state of Hesse puts home and allotment gardens on the same level as public parks and forests. Private trees may be cut down at any time, provided they are not a breeding site or resting place for wildlife. Hamburg permits the felling of fruit trees on private property.

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    Check the regional tree protection statute

    Some municipalities do not have a tree protection statute at all, others go far beyond the generally applicable requirements presented above. For example, the state of Lower Saxony includes large shrubs over 3 meters in height in the ban on felling. It is not advisable to rely on federal, high-level tree felling guidelines. In the worst case, you can face severe fines if you fell 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 community or city administration will also bring light into the darkness. You can sometimes download the appropriate application forms from the website of the responsible municipality.

    background

    Without a tree protection statute there is a risk of deforestation

    Despite increasing environmental awareness, property owners are shamelessly exploiting the liberal attitude of their communities. Where there is no tree protection statute, private tree felling operations are taking on worrying proportions. Only recently, the chairman of the Nature Conservation Union in Münster (NABU) drew attention to the urgency of well-founded guidelines. In an open letter, Peter Hlubek denounced numerous actions to which healthy trees fell victim, sometimes even when demonstrably protected birds were breeding in them. A tree protection ordinance at least ensures that every tree intended for felling is examined closely.

    Example: Aachen tree protection statute

    The summary of the city of Aachen gives an insight into the tangible specifications of a tree protection statute. The German Nature Conservation Union (NABU) is particularly active in NRW, which is reflected in regional statutes. As a famous university town, thousands of nature-loving students keep an eagle eye on every single tree, which leaves its mark on the following tree protection statutes:

    • scope: built-up districts, development/development plans outside of agricultural and forestry use
    • deciduous trees: Felling prohibited from a trunk circumference of 80 cm
    • multi-stemmed deciduous trees: no felling if a trunk is at least 50 cm in diameter
    • conifers: Felling prohibited from a trunk circumference of 100 cm
    • multi-stemmed conifers: no felling if a trunk is at least 60 cm in diameter
    • fruit trees: subject to approval from a trunk diameter of 1.50 m

    The trunk diameter is measured from the trunk foot at a height of 100 centimetres. If the base of the crown is below 100 centimeters trunk height, this counts as the measuring point. Birches, spruces, poplars, arborvitae, corkscrew willows, cypresses and junipers are exempt from the ban on felling.

    Replacement planting is mandatory

    Mandatory replacement planting is not only included in Aachen, but also in many municipal tree protection statutes. An equivalent tree is to be planted for every meter of trunk diameter that has been determined. In NRW, a minimum trunk diameter of 18 to 20 cm is prescribed, measured 100 cm above the ground. If a replacement tree does not grow, the measure must be repeated. If a replacement planting is not possible, the private property owner must make an adequate compensation payment.

    Whoever fells a tree must plant new trees

    digression

    Walnut tree is not a fruit tree

    The walnut tree is out of line in a number of ways. Unlike most trees, massive sap flow makes early fall pruning imperative. Although the native walnut tree spoils us with crunchy fruits in autumn, it is not one of the fruit trees. As a result, the regulations for deciduous trees apply to tree felling. Federal states, such as NRW, include chestnuts in this exemption.

    Special case border trees

    Boundary trees give property owners a particularly tough nut to crack when they need to move. If the tree is located directly on a property line, several owners have a say. If the tree is in a condominium garden, similar concerns apply. This also applies if a resident has a special right of use for the part of the garden in question on which the tree is growing. As a rule, a vote must first be taken at an owners' meeting as to whether the tree may be felled.

    frequently asked Questions

    Under what conditions can trees be felled within the grace period under the Federal Nature Conservation Act?

    The wording of the Federal Nature Conservation Act states that various restrictions apply to the felling of trees. If there are trees outside the forest, on commercially used properties, orchards, in allotment gardens or public green spaces, trees may also be felled between March 1st and September 30th. However, if there is an occupied bird's nest in the tree, it must not be felled until the end of the breeding season. If it is a repeatedly used nest, the tree is subject to year-round protection and may not be sawed down at all.

    I noticed that a number of municipalities do without a tree protection statute. What are the arguments against protecting trees on private property with a statute?

    The primary concern is that in anticipation of a planned tree protection statute, more trees than necessary could be felled. Furthermore, the danger of precautionary felling should not be underestimated once the tree statute has been introduced. Practice has shown that property owners cut down private trees before the specified trunk size is reached, just to avoid the imponderables of a permit.

    What costs can be expected if I hire a specialist company to cut down trees on my private property?

    The costs depend largely on the method used. When removing a tree piece by piece from the crown to the ground, you have to reckon with around 600 euros. If a tree can fall freely, the bill is around 450 euros. This includes the disposal of the clippings and any permits.

    Can I freely choose the tree species for a replacement planting?

    Usually not. If your municipality has given permission for tree felling, a corresponding replacement planting will be ordered at the same time. Native trees and shrubs are preferred because they are excellently adapted to the local conditions and provide food and habitat for our wildlife. The state of Lower Saxony goes to a lot of trouble with appropriate suggestions and recommends a long list of more than 50 suitable replacement plants from A, such as maple, to Z, such as hawthorn.

    How much does a permit procedure for felling trees on private property cost?

    The relevant municipality determines the fees incurred. As a rule, costs are incurred for the on-site visit of an expert and for administrative work. For example, the city of Hanover charges EUR 25.10 for each half hour or part thereof for the appraiser's visit. A flat rate of EUR 25.10 is charged for administrative activities. In total, you will incur costs of around 50 euros.

    What is the fine for a private property owner if he saws down trees without a permit?

    The amount of the fine depends on the federal state in which the illegal tree felling took place. Affected people get the cheapest in the eastern German states of 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 if your garden with the felled tree is in Mecklenburg-Western Pomerania, because here you have to pay up to 100,000 euros.

    tips

    In many cases, regular pruning care prevents property owners from having to bother with the legal regulations for tree felling. With scissors and saws, not only the growth of deciduous trees remains under control. Conifers can be very well adapted to the local space conditions by annual pruning without subsequently being disfigured by brown spots.

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Trees