If the hedge and treetop resemble an outgrown haircut, cutting it back will restore its well-groomed appearance. Be careful: careless use of scissors and saws can have legal consequences. The Federal Nature Conservation Act devotes paragraph 39 to animal protection in connection with hedge and tree trimming. This guide gets to the heart of how you can handle pruning in accordance with the law.
What does the Federal Nature Conservation Act say about hedge trimming and tree trimming?
The Federal Nature Conservation Act restricts hedge and tree trimming to protect animals. Accordingly, radical cuts are prohibited from March 1st to September 30th. Light maintenance cuts are permitted if they are limited to this year's growth and do not disturb any animals.
Animal protection has priority over tree care - this is what § 39 says
The increasing awareness of the need to protect nature resulted in the amendment to Section 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. Paragraph 1 clearly places the safety of wild animals above gardening needs. When it comes to hedge and tree trimming, the focus is on two premises:
It is forbidden:
- wantfully disturbing, alarming, injuring or even killing wild birds and small animals
- Damaging or destroying habitats and breeding grounds of wild animals without any justifiable reason
Additional provisions of Section 39, paragraph 1, refer to the commercial removal of protected plants from nature that have no relevance for pruning in private gardens.
Clearly defined time frame leaves no doubt
In Section 5 of § 39, the Federal Nature Conservation Act sets a precise time frame that leaves no questions unanswered for the handling of tree cuttings in the hobby garden. The crucial statements in brief:
It is forbidden:
- from March 1st to September 30th to cut, clear or plant any trees
- from October 1st to February 28th to cut hedges and treetops where wild animals overwinter
It follows from these regulations that radical pruning measures are permitted in winter, provided that it has been previously ensured that no small animals hibernate in the woods. Light maintenance cuts are also 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 general ban on disturbing wild animals applies again.
Numerous regional special regulations
The Federal Nature Conservation Act primarily specifies the nationwide framework for hedge and tree trimming. The concrete implementation is subject to the states and municipalities. In many regions, the regulations of Section 39 do not apply to tree pruning in private gardens. Various municipalities have tightened the regulations considerably. Therefore, please ask the responsible public order office before you dedicate yourself to pruning.
Failure to comply will result in severe fines
The legislature reinforces the orders with significant pen alties. 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 during 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.
Tip
Don't use manual hedge or tree shears (€39.00 on Amazon) for cutting, the noise protection law comes into focus. In Germany, motorized garden tools may be operated within residential areas between 9 a.m. and 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.
