LK VR_Tree felling authorisation_state law

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 licence.

The nature conservation authority responsible for you will decide whether you receive an exemption licence.

According to the state nature conservation law, trees with a trunk circumference of at least 100 centimetres at a height of 1.30 metres are protected. In domestic gardens, only beech, oak, lime, elm and palante fall under this protection. The felling of protected trees and all actions that lead to their destruction or damage are prohibited. An application for exemption from these prohibitions can be submitted to the nature conservation department.

In the case of building projects, the application is decided as part of the building permit.

Other trees in domestic gardens, apart from those mentioned, as well as trees in forests and allotments, apart from walnuts and sweet chestnuts, are not subject to statutory tree protection. However, they may be protected under municipal tree protection statutes. Please enquire with your municipality or local authority whether a tree protection statute exists. An application for felling must then be submitted to the municipality or local authority.

Particularly beautiful, valuable old trees can be placed under protection and designated as natural monuments at the owner's request.

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 authorisation) procedures depend on the respective state law. The structure of the legal form (prohibitions, requirements, exceptions and exemptions) allows for a case-by-case assessment.

As a rule, compensatory or replacement measures or a compensation payment are determined.

• § Section 18 (3) sentence 1 of the Mecklenburg-Vorpommern Nature Conservation Implementation Act (Naturschutzausführungsgesetz - NatSchAG M-V)
• § Section 43(1)(3) of the Nature Conservation Implementation Act (NatSchAG M-V)
• Fee number 201 of the Mecklenburg-Vorpommern Nature Conservation Costs Ordinance (NatSchKostVO M-V)
• Tree protection compensation decree Mecklenburg-Western Pomerania

• informal application
• Information on the location of the tree
• Declaration of consent from the owner, if you are not the owner yourself

A site plan with outlined tree(s) and location of the replacement planting.

Completed application form for the granting of an exemption from the prohibitions on woodland protection in accordance with Section 18 and/or Section 19 of the M-V Nature Conservation Management Act
 

• 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 metres 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 realised.
• You must apply for the exemption in advance, otherwise you could be committing an administrative offence.
• You do not need a special licence for professional care and maintenance measures.
• You do not need a special licence for trees in domestic gardens either, unless the tree is an oak, elm, plane, lime or beech.
• Fruit trees are not protected unless they are walnuts or chestnuts.
• You also do not need a special licence if the tree is located in an allotment garden area or a forest under forestry law.

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

The nature conservation authority then checks whether the requirements for a special licence are met. Once the procedure has been completed, you will either receive a special licence from the nature conservation authority with a decision on replacement measures or a rejection notice. A decision is also made on the fee.

If you cut down, prune or damage the tree without a special permit, you may be prosecuted for an administrative offence (fine of up to EUR 100,000).

• Application for the granting of an exception or exemption from the prohibitions on the protection of trees and shrubs pursuant to Section 18 and/or Section 19 of the M-V Nature Conservation Implementation Act
• Application for felling of individual trees

Further special regulations apply to

• Natural monuments (§ 28 BNatSchG)
• Trees that are part of protected biotopes, e.g. field hedges, copses, swamps and ponds (§ 20 NatSchAG M-V),
• Trees standing in avenues and one-sided rows of trees (§ 19 NatSchAG M-V),
• the impact regulation under nature conservation law, e.g. the removal of rows of trees, groups of trees, copses and field hedges in outdoor areas (Section 12 (1) No. 8 NatSchAG M-V).

With these regulations, the statutory protection applies regardless of the minimum trunk circumference of the trees in accordance with Section 18 NatSchAG M-V.

• Contradiction

Ministry for Climate Protection, Agriculture, Rural Areas and the Environment Mecklenburg-Western Pomerania, Department 200

• MV_Applying for the removal of or damage to trees protected by state law in Mecklenburg-Western Pomerania

  Display of performance in the source portal

Lower nature conservation authority of the districts or independent cities or large protected area administration (biosphere reserve offices, national park authorities)

Environmental organisations or associations can provide a scientific background or are familiar with procedural issues.