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.

Description

Pursuant to Section 29 (1) Sentence 2 of the Federal Nature Conservation Act in conjunction with Article 51 (1) No. 5 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 in the urban climate and the reduction of noise and 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 which requirements and restrictions result from it for you by making a brief inquiry at your municipality.

Special notes

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 land within the scope of horticultural use, 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.

The contact for questions in this context is the district administrative authority (lower nature conservation authority).

Remedy

Administrative court proceedings; information

administrative claim

Status: 26.04.2022

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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