Clearing; application for a permit

Clearing is the removal of forest in favor of another land use. This requires a permit.

Description

Clearing is not only the permanent removal of a forest stand, e.g. for settlements or roads, but also occurs when a forest area is used for a purpose other than forest management, e.g. a burial forest.

If forest owners wish to clear an area, they must apply for permission to do so from the responsible lower forestry authority, the Office of Food, Agriculture and Forestry (Amt für Ernährung, Landwirtschaft und Forsten, AELF), in accordance with Article 9 (2) of the Bavarian Forest Act (BayWaldG). The AELF decides on the application in agreement with the district administrative authority (Art. 39 para. 2 sentence 1 BayWaldG).

The application must be submitted in writing or recorded to the lower forestry authority (AELF) (Art. 42 BayWaldG). The following information is regularly required for this purpose:

  • Size and location of the forest area to be cleared
  • Age and composition of the forest
  • Description and justification of the project

In principle, there is a legal entitlement to the clearing permit. However, Art. 9 of the Bavarian Forest Act also regulates cases in which clearing permission cannot be granted. Protection, ban and recreation forests are under special protection against clearing.

Depending on the size of the clearing, it may be necessary to conduct an environmental impact assessment.

Since forests are generally to be protected, unauthorized clearing is considered an administrative offense and can be fined (Art. 46 Para. 1 No. 2 BayWaldG).

If you have any questions, please contact the foresters of the Bavarian Forestry Administration(Forester Finder).

Deadlines

If no other period is specified in the permit, the permit shall expire if clearing has not commenced within five years of the granting of the permit or if such clearing has been interrupted for five years (Art. 16a para. 1 BayWaldG).

The five-year period can be extended by up to three years if the application is received by the lower forestry authority (AELF) before the permit expires (Art. 16a para. 2 BayWaldG).

Remedy

Administrative court proceedings; information

administrative claim

Status: 28.04.2022

Responsible for editing: Bayerisches Staatsministerium für Ernährung, Landwirtschaft und Forsten

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.