Tree felling and removal are governed by specific regulations , which were once again amended and entered into force on June 17, 2017. Previously, the property owner did not have to have permission to cut down the tree, how is it now? Seehow to obtain a permit to cut a tree , who issues it and where to apply for such a permit. It is also worth finding outwhen permission to cut a tree is not requiredin order not to go through the procedure of obtaining it unnecessarily. Here's everything you need to know before deciding to cut down your tree!
When is permission to cut down a tree required?
Sometimes it happens thatwe want to cut a tree from our backyard or a plot outside the cityThe reasons may be different. It may be an old, diseased tree, which may break and endanger us. It can be a tree that grows close to a building that casts too much shade or even poses a property hazard. Sometimes we just want to rearrange the garden, arrange it a bit differently, and the tree in a given place does not suit us.
Previouslyit was not necessary to obtain a permit to cut down trees or shrubsgrowing on real estate owned by individuals and were removed for non-business purposes.
The new regulations on cutting down trees requirereporting the intention to cut trees and shrubs on private propertyif the circumference of the tree trunk measured at a height of 5 cm exceeds:
- 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.
How do I get permission to cut down a tree?
To obtain a permit to cut down a tree, you mustsubmit an application for a permit to remove trees or shrubsat the city or commune office, at the poviat office (if the plot is owned by the commune and has not been transferred for perpetual usufruct), or to the voivodship marshal (if the plot is owned by the city with poviat rights and has not been transferred for perpetual usufruct) or to the provincial inspector of monuments (if the plot is entered in the register of monuments).
An application for a permit to cut a tree can be submittedalso via the ePUAP platform, for this we need a trusted profile or a secure electronic signature.
The notification of the intention to cut down a tree should containamong others. name and surname of the applicant, designation of the property from which the tree is to be removed and a drawing or map specifying the location of the tree on the property.
The application for permission to remove trees or shrubs must be accompanied by the necessary documents , e.g. a declaration of the legal title to own the real estate or a declaration of the owner of the plot, who agrees to cut down trees and shrubs.
Who issues the permit to cut down the tree? Where to apply?
The issue of obtaining permits to cut down treesis the subject of article 83 of the Act of April 16, 2004 on nature protection (Journal of Laws No. 92, item 880, as amended). It consists of six paragraphs governing the authorization of the removal of a tree or shrub (paragraphs 1 and 2), variants of the permit (paragraph 3), and the requirements for an application for a permit (paragraphs 4 and 5), as well as exceptions to the rule that the removal of a tree or shrub requires a permit (paragraph6).
The current act on nature protection, following the act on environmental protection of 1980, adopts as a rule thatremoval of a tree or shrub requires a permit from the competent authority , which is the head of the municipality, mayor or city resident, and exceptionally provincial conservator of monuments or staroste.
The restorer performs this function when a tree or shrub grows on the property entered in the register of monuments. On the other hand, the staroste issues a permit when a tree or shrub is removed from the area of real estate owned by the commune.
From January 1, 2016, the voivodship marshal became the new authority competent to issue permits for real estate belonging to cities with poviat rights.
Good to know when permission to cut down a tree is not required
Who can apply for a permit to cut down a tree?
Permission to cut down a tree may be applied for bythe owner of the plot with trees and shrubs.
The owner may be the owner of the plot or another person who manages the plot (for example, a tenant, tenant, perpetual usufructuary or a person who has a different right to manage the plot) and the owner of transmission equipment (for example power lines), then he does not have to include the consent of the owner . The office will inform the owner of the plot that it has received such an application.
Amendment of the provisions on legal changes in the field of the protection of trees and green areasremoves the obligation to obtain consent for the removal of trees and shrubs by all owners of cooperative and housing communities planned felling of trees and shrubs, at least 30 days before submitting the application to the office.
Will we always get permission to cut down the tree?
After reporting the intention to remove a tree or shrubs from our propertythe appropriate authority (e.g.the commune), makes an inspection and draws up a report within 21 days from the date of delivery of the notification. After the inspection, the authority may, by way of an administrative decision, raise an objection within 14 days. If he doesn't,we can remove the tree
The objection is usually lodged whenthe notification concerns the removal of a tree subject to the obligation to obtain a removal permit , and also when the notification does not contain all the elements indicated in par. 5 Art. 83f, i.e. the name and surname of the applicant, the designation of the property from which the tree is to be removed, and a drawing or map specifying the location of the tree on the property. Then the competent authority, by way of a decision, imposesthe obligation to complete the notificationwithin 7 days.
The relevant authoritymay not agree to the logging , among others on a property entered in the register of monuments, in an area designated for greenery in the local spatial development plan or protected by other provisions of the local spatial development plan, or if the tree bears the features of a monumental tree.
What is important, if within 5 years from the inspection, an application for a building permit has been applied for pursuant to the Act of July 7, 1994? Construction law, and this construction is related to running a business and will be carried out on a part of the property on which the removed tree grew, the authority, taking into account the data determined on the basis of visual inspection, imposes on the property owner, by way of an administrative decision,the obligation to pay tree removal fees
When is permission to delete a tree not required?
There areexemptions from the requirement to obtain a permit for the removal of trees and shrubsin Polish law, which are not required by plants listed on the list of exceptions - in Article 83f of the Act of April 16, 2004 . on nature protection.
The exceptions mentioned in the act include:
- a) shrub or shrubs growing in a cluster, with an area of up to 25 m²,
- shrubs in areas covered with vegetation serving decorative functions, arranged in terms of the distribution and selection of plant species, excluding shrubs in the road lane of a public road, on real estate entered in the register of monuments and green areas,
- trees with a trunk circumference of 5 cm or less: 80 cm? in the case of poplars, willows, ash-leaf maple and silver maple, 65 cm? in the case of horse chestnut, black locust and London plane, 50 cm? for other tree species
- trees or shrubs removed to restore land not used for agricultural use,
- trees or shrubs on plantations or in forests within the meaning of the Act of 28 September 1991 on forests,
- fruit trees or shrubs, excluding those growing on the property entered in the register of monuments or in green areas,
- trees and shrubs broken or overturned as a result of natural factors, an accident or a disaster.
MSc Eng. Joanna Białowąs
