On June 17, 2017,new regulations on cutting down trees and shrubs , based on the Nature Conservation Act of April 16, 2004 (Journal of Laws No. . of 2013, item 627, as amended). The changes abolish the lawfulness of the property owner, introduced from January 1, 2017 and are valid to this day. Currentlyonly some trees can be felled without permissionAre the current regulations beneficial for citizens? Here arewhat trees can be cut down without permissionaccording to the latest regulations. ArticleUpdated in Fall 2021! "
What trees can be cut down without permission - get to know the new regulations!
Mass cutting down of trees on propertiesresulted in further legal changes regarding the felling of trees and shrubs. The Act of January 1, 2017 has been amended and takes into account the need toreport the intention to clear trees and shrubson a private property in the event that the circumference of the tree trunk measured at a height of 5 cm exceeds certain values, i.e.
- 80 cm - for poplar, willow, ash and silver maple,
- 65 cm - in the case of horse chestnut, black locust and London plane,
- 50 cm - for other tree species.
Due to the abovewe will not be able to remove all trees and shrubsas it was before.
What has the new regulations on cutting trees changed?
The previous procedure for the removal of trees and shrubs assumed thatwe did not need a permit to cut down the tree if the tree or shrub was growing on our propertyand the purpose of removing the tree was not related to maintenance business activity in a given area.
Alsowe did not need a permit to remove a tree or shrub if we were running a business , but the circumference of the tree trunk at a height of 130 cm did not exceed 50 cm or 100 cm in the case of poplar, willow, horse chestnut, and ash-leaf maple , silver maple, black locust and London plane tree, and the shrub or bushes grew in a cluster not exceeding 25m².
The new regulations on cutting down trees and shrubs assume that :
You do not need a permit to fell trees whose trunk circumference does not exceed 5 cm in height:
- 80 cm - for poplar, willow, ash and silver maple,
- 65 cm - in the case of horse chestnut, black locust and London plane,
- 50 cm - for other tree species.
On the other hand, if the tree has more than 5 cm in circumference,you will need to report the planned logging . After that, the relevant authority, e.g. the municipality to which we notify the tree felling, will carry out an inspection within 21 days and prepare a report.
Within 14 daysthe local government will check if there are any contraindications to cut the plant , e.g. the property will be entered in the register of monuments and the area will be designated for greenery in the local development plan.
If after 14 days we do not receive any reply, we can assume thatwe have received permission to cut down a tree or bush from our property .
Without permission, it will also be possible to cut :
- shrub or shrubs growing in a cluster, with an area of up to 25 m²,
- trees and shrubs broken or overturned as a result of natural factors, an accident or a disaster,
- trees or shrubs removed to restore land not used for agricultural use.
Can fruit trees be cut down without permission?
What is the matter ofpermission to remove fruit trees ? The situation with fruit trees and shrubs is the same as before, namelythese plants can be removed without permission , unless they grow on real estate entered in the register of monuments or in green areas, for example boulevards or manors open to the public. In allotment and home gardens, fruit trees can be cut down without asking for permission or reporting such an intention.
MSc Eng. Joanna Białowąs
