When can hedge and tree trimming be allowed? - Look into the Federal Nature Conservation Act

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Author: John Pratt
Date Of Creation: 9 April 2021
Update Date: 1 July 2024
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Slight care cuts are allowed around the year

When can hedge and tree trimming be allowed? - Look into the Federal Nature Conservation Act

If hedge and treetop resemble an outgrown haircut, a pruning restores the well-groomed appearance. Beware: Careless use of scissors and saw can have a legal sequel. The Federal Nature Conservation Act dedicates paragraph 39 to animal welfare in connection with hedges and tree trimming. This guidebook brings to the point how you handle the pruning in accordance with the law.

Animal welfare has priority over wood care - that says § 39

The increasing sensitization for the protection of nature resulted in 2019 in the amendment of § 39 in the Federal Nature Conservation Act. The aim of the nationwide regulations is the protection of the mini-ecosystem, which develops within hedges and treetops. Clearly, paragraph 1 sets out the safety of wild animals over horticultural needs. In the specific relation to hedges and tree trimming, two premises are in focus:


It is forbidden:

Additional provisions of § 39, paragraph 1, refer to the commercial removal of protected plants from nature, which have no relevance for the cut care in the private garden.

Clearly defined timeframe leaves no doubt

Section 5 of § 39 of the Federal Nature Conservation Act sets a precise timeframe which leaves no questions unanswered for the handling of prunings in the hobby garden. The decisive statements in focus:

It is forbidden:

From these regulations it follows that radical cutting measures are allowed in winter, provided that it was previously ensured that no small animals spend their winter hibernation in the woods. Furthermore, between 1 March and 30 September, light nursing care is allowed provided that it is limited to this year's increase. If, however, it is a hedge or treetop with nesting birds or breeding grounds for small mammals, then again the fundamental prohibition on disturbing wild animals attacks.


Numerous regional special regulations

The Federal Nature Conservation Act primarily specifies the nationwide framework conditions for hedge and tree trimming. The concrete implementation is subject to the Länder and municipalities. For example, the regulations of § 39 in many regions do not apply to pruning in the private garden. In turn, several municipalities have significantly tightened the regulations. Therefore, please ask the responsible public order office before you go to the pruning.

Disregard threatens sensitive fines

Legislatures are enforced by the legislature with considerable penalties. Thus, the state of Bavaria punishes the illegal clearing of a hedge with a fine of 15,000 euros. The state of Lower Saxony punishes gardeners who put a hedge on the stick within the summer grace period, with up to 25,000 euros fine. The sanctions are also imposed if the violation was unintentional and negligent.

Tips

Do not operate a manual hedge or pruning shears for the cut, the noise protection law into focus. Motor enterprises Garden equipment may be operated in Germany within residential areas during the times of 9 to 13 o'clock and again from 15 to 17 o'clock. In some municipalities the time window is open longer, so that a demand with the public order office is worthwhile.