From June 17, 2017,new regulations related to the felling of trees and shrubs entered into forceThe rules for granting permits, fee rates, and thus also have changed pen alties for cutting down a tree without permissionIt's worth getting acquainted with these changes. Seepen alties for cutting down trees without permission from June 2017These regulations are still valid for 2021. Here's all about the latest regulations on pen alties for felling a tree without a permit!
What are the pen alties for cutting down a tree without permission?
If we want to remove a tree on a plot or property, we must analyze what tree it is, refer to the current regulations and verify by ourselves or with the help of an officialwhether we need permission to remove a given treeor not.
Remember, however, that earlier, if trees or shrubs were grown on real estate owned by natural persons and were removed for non-business purposes,we did not need a logging permit ! Now, when the circumference of the tree trunk measured at a height of 5 cm exceeds 80 cm - in the case of poplars, willows, ash-leaved maple and silver maple, 65 cm - in the case of horse chestnut, black locust and plane tree and 50 cm - in in the case of other tree species,
a permit to cut trees is necessary
What if we removed a tree without the required permit?Unfortunately, ignorance does not justify us from fines, although less than those in force in 2016., but it is worth knowing what can await us and what the consequences will be if we cut down the tree without permission. Pursuant to the applicable art. 88 and 89 of the Act of April 16, 2004 on nature protection (Journal of Laws of 2013, item 627, as amended2), we can find outwhat pen alties apply for cutting down a tree without permission
Financial pen alties for cutting down the tree are imposed bythe head of the commune, mayor or city president, as well as the staroste in the case of real estate owned by the commune (but not handed over for perpetual usufruct) or the voivodeship marshal, if it concerns real estate owned by the city county. They concern cases when we remove a tree or shrub without the required permit, remove a tree or shrub without the consent of the property owner, destroy a tree or shrub, damage trees by performing works within the tree crown, and also when we remove trees despite the objection of the authority and without permission. We will remove the trees without filing a notification or before the deadline for which the relevant authority issues a decision on their removal.
Pen alties for cutting down a tree without a permit in 2017are the value of the double fee for the removal of trees or shrubs, determined on the basis of the rates applicable for a given year, given in the notice of the Minister of the Environment in the Official Journal of the Republic of Poland Polska Monitor Polski, and in the event that the removal of a tree or shrub is exempt from the obligation to pay the fee, the administrative fine is determined in the amount of the fee that would be incurred if there were no such exemption. "
" New regulations related to the felling of trees and shrubsdo not change the matter of improperly conducted care of tree crowns, the so-called topping which destroys trees.Removal of more than 30% of the crown is punishable by damage to the treein the amount of 0.6 of the tree removal fee, and above 50% is considered as damage to the tree, for which the pen alty is 2 times the fee. in exceptional circumstances, topping trees does not weaken them significantly (e.g.pruning branches of traditionally topped willows or decorative shaping of young trees). "
If it is impossible to determine the perimeter or species of a removed or destroyed tree due to the uprooting of the trunk and the lack of a log,the data for the calculation of the administrative fine is determined on the basis ofinformation collected in the course of administrative proceedings, increasing it by 50 %. In turn, if it is impossible to determine the circumference of a removed or damaged tree due to the lack of a log, the perimeter for calculating the administrative fine is determined by taking the smallest trunk diameter and reducing the calculated circumference by 10%.
Example of calculating the pen alty for cutting down a tree without permission
If we have removed an ordinary maple tree from the plot or property, the trunk of which was 85 cm high at 5 cm,we will pay a fine ofnot more than PLN 1000, because assuming the maximum rate of fees for removing a tree amounting to PLN 500, the pen alty is twice the fee.
Note!We will not be fined for removing trees if it turns out that no permission was needed to remove them.
MSc Eng. Joanna Białowąs
