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Description of the
Under Section 29(1), second sentence, of the Federal Nature Conservation Act, in conjunction with Article 51(1)(5a) of the Bavarian Nature Conservation Act, local authorities may enact tree protection by-laws to protect trees and shrubs within built-up areas. The resulting greening of built-up areas has significant positive effects, such as enhancing and maintaining the character of the townscape, improving the urban climate, reducing noise and keeping the air clean.
Tree protection by-laws set out, amongst other things, prohibitions on the removal and destruction of protected trees. The ban on felling trees also applies if the trees are situated on your own property. Exceptions may be permitted in individual cases. As a rule, however, replacement trees must then be planted.
By making a brief enquiry with your local council, you can find out whether a tree protection by-law exists in your local area and what requirements and restrictions this entails for you.Legal basis
- Section 29(1), second sentence, of the Act on Nature Conservation and Landscape Management (Federal Nature Conservation Act – BNatSchG)
i.V.m.
- Section 39(5), first sentence, point 2 of the Act on Nature Conservation and Landscape Management (Federal Nature Conservation Act – BNatSchG)
- Section 16(1), first sentence, point 5 of the Act on the Protection of Nature, the Conservation of the Landscape and Recreation in the Open Air (Bavarian Nature Conservation Act – BayNatSchG)
- Section 51(1)(5a) of the Act on the Protection of Nature, the Conservation of the Landscape and Recreation in the Open Air (Bavarian Nature Conservation Act – BayNatSchG)
- Section 29(1), second sentence, of the Act on Nature Conservation and Landscape Management (Federal Nature Conservation Act – BNatSchG)
Legal remedy
Administrative court actionNotes
Under Section 39(5), first sentence, point 2 of the Federal Nature Conservation Act (BNatSchG), it is prohibited to cut down, pollard or remove trees situated outside forests, short-rotation plantations or land used for horticultural purposes during the period from 1 March to 30 September.
Exempt from this ban are gentle shaping and maintenance pruning carried out to keep the trees healthy (e.g. removal of dead wood, damaged branches, and so-called ‘summer pruning’ of fruit trees). Pruning is generally also permitted on land used for horticultural purposes as part of such use, for example in a typical domestic garden or an allotment garden. Furthermore, there are other grounds for exemption; for example, measures to ensure road safety are permitted if, in the public interest, they cannot be carried out in any other way or at any other time.
If a tree is currently being used by animals, for example as a nesting site, further restrictions may apply.
Under Article 16(1), first sentence, point 5 of the Bavarian Nature Conservation Act, it is prohibited to remove, damage or otherwise significantly impair tree-lined avenues in the open countryside along public or private roads and farm tracks. Exceptions may be granted in individual cases.
The point of contact for enquiries in this regard is the District Administrative Authority (lower nature conservation authority).