Tree cutting or tree modification; application.
Before you cut down a tree, even if it is on your own property, you should check with your municipality to see if it has enacted a tree protection ordinance. If so, trees may only be cut down or pruned with permission.
Pursuant to Section 29 (1) Sentence 2 of the Federal Nature Conservation Act in conjunction with Article 51 (1) No. 5a of the Bavarian Nature Conservation Act, municipalities can enact tree protection ordinances to protect trees and shrubs within the built-up areas. The resulting greening of the built-up areas has considerable positive effects, such as the revitalization and maintenance of the townscape, an improvement of the urban climate as well as the reduction of noise and the maintenance of clean air.
Tree protection ordinances standardize, among other things, prohibitions on the removal and destruction of protected trees. The tree felling ban also applies if the trees are located on one's own property. Exceptions are permitted in individual cases. As a rule, however, replacement plantings must then be made.
You can clarify whether a tree protection ordinance exists in your municipality and what requirements and restrictions result from it for you by making a brief inquiry at your municipality.
According to Section 39 (5) of the Federal Nature Conservation Act, it is forbidden to cut, plant or remove trees outside of forests, short-rotation plantations or horticultural areas in the period from March 1 to September 30.
This prohibition does not apply to gentle pruning to maintain the health of the trees (e.g. removal of dead wood, damaged branches, so-called summer pruning of fruit trees). In principle, pruning is also permitted on horticulturally used ground areas within the scope of horticultural use, i.e. e.g. in a typical home garden or an allotment garden. In addition, there are other exceptional reasons, e.g. measures to ensure traffic safety are permitted if they cannot be carried out in the public interest by other means or at other times.
If a tree is currently being used by animals, for example, as a nesting site, further restrictions may be possible.
According to Art. 16 Para. 1 Sentence 1 No. 5 of the Bavarian Nature Conservation Act, it is forbidden to remove, damage or otherwise significantly impair avenues in the open countryside along public or private traffic areas and service roads. Exceptions in individual cases are possible.
According to § 39 para. 5 sentence 1 no. 2 BNatSchG, it is forbidden to cut, plant or remove trees outside of forests, short-rotation plantations or horticulturally used areas in the period from March 1 to September 30. Gentle shaping and maintenance cuts are permitted.
The contact person for questions in this context is the district administrative authority (lower nature conservation authority).
Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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