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 is also the case when a forest area is used for purposes 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 5-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).
Links to more information
Status: 09.05.2023
Responsible for editing: Bayerisches Staatsministerium für Ernährung, Landwirtschaft und Forsten
- Online transactions, Bavaria-wide
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- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
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- Fees, Bavaria-wide
- Fees, locally limited
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