The right to control private land reaches its limits when it comes to felling trees. If a tree grows over the heads of hobby gardeners, the question arises: Is it allowed to cut down trees on private property? This guide explains why you shouldn't simply saw down a troublesome tree. This is how you avoid costly frustration.
Can you cut down trees on private property?
Trees on private property may only be felled between October and the end of January, provided this does not affect wildlife. Regional regulations must be observed and approval is often required. A replacement planting is necessary in most cases.
When is felling trees allowed?
Felling down a tree is generally 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 down trees on private property. Paragraph 39 has been known to hobby gardeners for years because pruning is generally prohibited during this time.
From October 1st, tree felling is permitted on private properties until February 28th. This permission only applies if it is reliably determined during the tree approach that the felling does not affect wild animals or damage or destroy their breeding and resting places.
Private trees are subject to tree protection regulations
In Germany, the form in which the Federal Nature Conservation Act is specifically implemented and, if necessary, expanded is a matter for the states and municipalities. It is therefore the responsibility of the regional administrations to protect the trees on private property within the framework of statutes. Since cities and municipalities adapt their tree protection statutes to the local conditions, different requirements apply in Saxony, Hamburg and Schleswig-Holstein, for example, than in Bavaria or Baden-Württemberg. The following table gives a rough overview of the trunk diameter up to which felling of trees on private property is permitted:
| Type of tree | 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 may be felled all year round, regardless of trunk diameter. The state of Hesse places home and allotment gardens on the same level as public green spaces and forests. Private trees may be sawn down at any time unless they are a breeding or resting place for wild animals. Hamburg allows the felling of fruit trees on private property.
Baum im Garten sicher und günstig fällen | Markt | NDR
Inquire about regional tree protection statutes
Some municipalities do not have tree protection regulations at all, others go far beyond the general requirements set out above. The state of Lower Saxony includes large shrubs over 3 meters high in the felling ban. It is not advisable to rely on federal, broad guidelines for tree felling. In the worst case scenario, you will face severe fines if you cut down trees on your private property that are subject to a permit requirement.
Please contact the lower nature conservation authority at the district office in advance to ask about the specific requirements for your home region. An informal inquiry to your local or city administration will also shed light on this. You can sometimes download the relevant application forms from the relevant municipality's website.
Background
Without tree protection regulations there is a risk of clear-cutting
Despite increasing environmental awareness, property owners are shamelessly exploiting the liberal attitudes of their communities. Where tree protection regulations are waived, private tree felling operations take on worrying proportions. Only recently did the chairman of the Nature Conservation Association in Münster (NABU) draw attention to the urgency of well-founded guidelines. In an open letter, Peter Hlubek denounces numerous actions in which perfectly he althy trees fell victim, sometimes even when protected birds were proven to be breeding in them. A tree protection ordinance at least ensures that every tree planned for felling is closely examined.
Example: Aachen tree protection statute
The summary presentation of the city of Aachen provides an insight into the concrete requirements of a tree protection statute. The German Nature Conservation Union (NABU) is particularly active in North Rhine-Westphalia, which is reflected in regional statutes. As a famous university town, thousands of nature-loving students watch over every single tree like a hawk, which does not go unnoticed by the following tree protection regulations:
- Scope: built-up districts, development/development plans outside of agricultural and forestry use
- Deciduous trees: Felling is prohibited from a trunk circumference of 80 cm
- multi-stemmed deciduous trees: no felling if a trunk is at least 50 cm in diameter
- Coniferous trees: Felling is prohibited from a trunk circumference of 100 cm
- multi-stemmed conifers: no felling if a trunk has a diameter of at least 60 cm
- Fruit trees: requires approval from a trunk diameter of 1.50 m
The trunk diameter is measured from the trunk base at a height of 100 centimeters. If the crown base is below 100 centimeters of trunk height, this is considered a measuring point. Birch, spruce, poplar, arborvitae, corkscrew willow, false cypress and juniper are exempt from the ban on felling.
Replacement planting is mandatory
Mandatory replacement planting is included not only in Aachen, but in many municipal tree protection statutes. An equivalent tree must be planted for every meter of the trunk diameter determined. In North Rhine-Westphalia, a minimum trunk diameter of 18 to 20 cm is required, measured at 100 cm above the ground. If a replacement tree does not grow, the measure must be repeated. If replacement planting is not possible, the private property owner must make an adequate compensation payment.
If you cut down a tree, you have to plant new trees
Excursus
Walnut tree is not a fruit tree
The walnut tree is out of line in many ways. In contrast to most trees, massive sap flow makes pruning in early fall essential. Although the local walnut tree spoils us with crunchy fruits in autumn, it is not considered a fruit tree. As a result, the regulations for deciduous trees apply to tree felling. Federal states, such as North Rhine-Westphalia, include chestnuts in this exemption.
Special case of border trees
Border trees give property owners a particularly tough nut to crack when they have to go. If the tree is located directly on a property line, several owners have a say. If the tree is in the garden of a condominium, similar concerns must be taken into account. This also applies if a resident has a special right of use for the part of the garden in which the tree grows. As a rule, a vote must first be taken at an owners' meeting as to whether the tree can be felled.
Frequently asked questions
Under what conditions can trees be felled within the grace period according to the Federal Nature Conservation Act?
The wording of the Federal Nature Conservation Act shows that various restrictions apply to the felling of trees. If trees are located outside the forest, on commercially used land, orchards, in allotment gardens or public green spaces, trees may also be planted between the 1st. March and September 30th. However, if there is an occupied bird's nest in the tree, it may not be felled until the end of the breeding season. If it is a nest that is used repeatedly, the tree is subject to year-round protection and may not be sawed down at all.
I noticed that a number of municipalities do not have tree protection regulations. What arguments speak against protecting trees on private property with a statute?
There are primary concerns that more trees could be felled than necessary in anticipation of a planned tree protection statute. Furthermore, the risk of precautionary felling should not be underestimated once the tree regulations have 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 obtaining a permit.
What costs should I expect if I commission a specialist company to fell trees on my private property?
The costs depend largely on the method used. If you remove a tree piece by piece from the crown to the ground, you can expect to pay 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 type of tree for a replacement planting?
Usually not. If your municipality has granted permission for tree felling, a corresponding replacement planting will be ordered at the same time. Native trees are preferred because they are excellently adapted to local conditions and provide food and habitat for our wildlife. The state of Lower Saxony puts a lot of effort into appropriate suggestions and recommends a long list of more than 50 suitable replacement plants from A, such as maple, to Z, such as two-handled hawthorn.
How much does a permit process to fell trees on private property cost?
The applicable fees are determined by the municipality concerned. As a rule, there are costs for an on-site visit by an expert and for administrative work. For example, the city of Hanover charges 25.10 euros per half hour for the expert's visit. A flat rate of 25.10 euros is charged for administrative activities. In total you will have to pay around 50 euros.
What fine does a private property owner have to pay if he saws down trees without permission?
The amount of the fine depends on the federal state in which the illegal tree felling occurred. Those affected get the cheapest in the eastern German states of Brandenburg, Saxony and Saxony-Anh alt with up to 15,000 euros. In Lower Saxony, Hamburg and Bavaria you have to dig deep into your pockets with up to 50,000 euros. Grace your budget if your garden with the felled tree is in Mecklenburg-Western Pomerania, because there are up to 100 here.000 euros to pay.
Tip
Regular pruning care often prevents property owners from having to deal with the legal regulations for tree felling. With scissors (€39.00 at Amazon) and a saw, not only the growth of deciduous trees can be kept under control. Conifers can be adapted very well to the local space conditions by cutting them every year without being subsequently disfigured by brown spots.
