The afforestation of a plot of land not previously used for forestry with forest trees by sowing or planting is subject to permission in accordance with Art. 16 (1) of the Bavarian Forest Act (BayWald). The same applies to the planting of ornamental brushwood and Christmas tree cultures outside of forests as well as the planting of short rotation plantations. The lower forestry authority, the Office for Food, Agriculture and Forestry (AELF), decides on the permit in agreement with the district administrative authority (Art. 39 Para. 2 Sentence 1 BayWaldG).
Applications must be submitted by the owner of the afforested area to the lower forestry authority (AELF) in writing or on record (Art. 42 BayWaldG). There are differences in the application process between agricultural enterprises (greening-obligated and non-greening-obligated enterprises) and other landowners. If you have any questions regarding the application process, the foresters of the Bavarian Forestry Administration will be happy to help(Forester Finder).
The first afforestation permit may only be refused or restricted by conditions if, for example, landscape plans of the municipalities are opposed, essential interests of the national culture or of nature conservation and landscape management are endangered, the recreational value of the landscape is impaired or considerable disadvantages for surrounding properties are to be expected. Conditions may include, for example, keeping certain sub-areas free, excluding non-native tree species or adjusted border distances.
Depending on the size of the initial afforestation, it may be necessary to conduct an environmental impact assessment.
For unauthorized first afforestation or if conditions are not met, the removal of the afforestation can be ordered. An unauthorized first afforestation is considered an administrative offense, which can be punished with a fine (Art. 46 Para. 2 No. 2 and 3 BayWaldG).
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