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On the basis of Section 29 of the Federal Nature Conservation Act, tree protection can cover the entire stock of avenues, single-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.
- § Section 18 (3) sentence 1 of the Mecklenburg-Vorpommern Nature Conservation Implementation Act (Naturschutzausführungsgesetz - NatSchAG M-V)
- § Section 43 (3) of the Mecklenburg-Vorpommern Nature Conservation Implementation Act (Naturschutzausführungsgesetz - NatSchAG M-V)
- Fee number 301 of the Mecklenburg-Vorpommern Nature Conservation Costs Ordinance (NatSchKostVO M-V)
- Tree protection compensation decree Mecklenburg-Western Pomerania
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 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 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 with a decision on replacement measures or a rejection notice. A decision will also be made on the fee.
If you cut down, prune or damage the tree without a special permit, you may be prosecuted for an administrative offense (fine of up to EUR 100,000).
- 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 permission is an administrative offense.
- Fees of between EUR 22.00 and EUR 600.00 may be charged for processing the application
- Competent authority: Lower nature conservation authority or large conservation area administration
Lower nature conservation authority of the districts or independent cities or large protected area administration Biosphere reserve offices, national park offices)