Beseitigung oder Beschädigung landesgesetzlich geschützter Bäume beantragen

On the basis of Section 29 of the Federal Nature Conservation Act, tree protection can cover the entire stock of avenues, one-sided rows of trees, groups of trees, individual trees, copses and hedges (usually field hedges) for a federal state or for parts of a federal state or urban area.

The legal form of municipal tree protection regulations (ordinance or statute) and the corresponding (exemption) procedures are determined by the respective state law. The structure of the legal form (prohibitions, requirements, exceptions and exemptions) allows for a case-by-case assessment.

Compensatory or replacement measures or a compensation payment are usually determined.

If you want to cut down, prune or otherwise damage a tree, you must apply for a special permit beforehand under certain conditions.

Trees are often protected by state law.

If you want to cut down, prune or otherwise damage a protected tree, you must first apply for a special permit.

The nature conservation authority responsible for you will decide whether you receive a special permit.

• Informal application
• Details of the location of the tree
• Declaration of consent from the owner, if you are not the owner yourself

• As a rule, all trees are protected if they have a trunk circumference of 100 centimetres or more measured at a height of 1.30 meters from the ground.
• You will normally receive a special permit to cut down or prune a tree if it poses a danger or if, for example, a building project could not otherwise be realized.
• They must apply for the exemption in advance, otherwise they could commit an administrative offense.
• You do not need a special permit for professional care and maintenance measures.
• You also do not need a special permit for trees in domestic gardens, unless the tree is an oak, elm, plane tree, lime or beech.
• Fruit trees are not protected unless they are walnuts or chestnuts.
• You also do not need a special permit if the tree is located in an allotment garden or a forest under forestry law.

The amount of the fees in M-V, for example, depends on the individual case and ranges from 22 to 1,800 euros.

The "Cost Ordinance for Official Acts in the Execution of Nature Conservation Laws" of June 11, 2011 (GVOBl. M-V 2011, p. 420) is authoritative.

If you want to cut down, prune or otherwise damage a protected tree, you must apply for a special permit in advance. To do this, submit an application to the lower nature conservation authority responsible for you and give reasons for your project.

The nature conservation authority will then check whether the requirements for an exemption permit are met. Once the procedure has been completed, you will either receive a special permit from the nature conservation authority together with a notice of costs or a notice of refusal.

If you cut down, prune or damage the tree without a special permit, you may be subject to administrative offense proceedings (fines of up to 100,000 euros).

The documents required for a decision on tree felling or maintenance should be submitted in good time, usually one month in advance.

According to the Federal Nature Conservation Act, it is generally prohibited to cut down or prune trees outside of forests, short rotation plantations or land used for horticultural purposes, hedges, living fences, bushes and other woody plants in the period from March 1 to September 30; gentle shaping and maintenance pruning to remove the growth of plants or to keep trees healthy is permitted.

Illegal removal of a protected tree also entails an obligation to plant a replacement. In addition, a fine can be imposed that exceeds the value of a replacement planting many times over.

There is no entitlement to an exemption from the prohibitions. This also applies to the interior of built-up areas.

• Contradiction

• Applying for the removal of or damage to trees protected by state law
• Trees are often protected by state law
• If a protected tree is to be felled, pruned or otherwise damaged, a permit must be applied for
• The application can be made informally, but must be justified
• Protected trees are generally trees with a trunk circumference of 100 centimetres or more, measured at a height of 1.30 meters from the ground
• Cutting down, pruning or damaging trees without prior approval is an administrative offense.
• Fees of between 22.00 euros and 600.00 euros may be charged for processing the application
• Competent authority: Lower nature conservation authority

Lower nature conservation authority of the districts or independent cities

• Forms/online services available: No
• Online service available: No
• Written form required: No
• Informal application possible: Yes
• Personal appearance necessary: No