Mo 01.03.2021 | Dossier | Reading time about 4 minutes – Tree protection: what is allowed where?
Cut down, do not cut down or replant – we tell you what you are allowed to do
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Fruit trees allowed! Pines – yes, no, maybe. And anyway only up to a certain trunk diameter. No matter how beautifully the chainsaw is already screeching, the answer to the question of whether you are really allowed to cut down a tree is complicated. Not least because the regulations for this are created at the municipal level.
Not a big deal for Berliners, a very big deal for Brandenburgers. Because it says here: At Lake Seddin is felled under different conditions than at Lake Schwielow, in Herzberg under different conditions than in Falkenberg. Does not make things easier, but makes sense. Because communities with old tree stands can thus address precisely this circumstance with their own tree protection ordinance. Young communities, on the other hand – with young trees – have the regulations that suit them.
When to cut?
Between the 1. March and the 30. September
. trees are usually allowed not be felled. Then the closed season anchored in the Federal Nature Conservation Act applies, for example for breeding birds. On application, however, you can be exempted from the prohibition in justified cases.
This ban applies to All trees, hedges and bushes. "Gentle form and care cuts" are allowed.
This is allowed in Berlin
Berlin’s tree protection ordinance states that all deciduous trees, Scots pine, and the fruit tree species walnut and Turkish hazel are worthy of protection, provided they have a trunk circumference of at least 80 centimeters at a height of 130 centimeters, or. 50 centimeters for multi-stemmed trees. So hands off if you want to cut down such a tree. Also the damage of such a tree is forbidden.
However, there are exceptions, as is so often the case. If the tree is diseased or in danger of falling, you are allowed to cut it down. In addition, even if by the tree an "otherwise permissible use of the land can not be realized or only under significant restrictions". Extreme shading can be such a restriction under certain circumstances, but also problems with the realization of a new building.
Application made easy
Do any of the above reasons apply to you? Then you have to apply for felling at the environmental and nature conservation office of your responsible district office. This is done informally and can also be done online. Don’t do it, it can be expensive afterwards.
In addition, the following applies: If the tree was not diseased, but was felled for other reasons with exceptional permission, the owner must pay a compensation fee or plant a replacement.
By the way, all other types of fruit trees except walnut and Turkish hazel, conifers other than Scots pine, as well as trees on roof gardens and in planters are exempt from the tree protection ordinance, here you have – if you want – a free hand.
And in Brandenburg?
Brandenburger turn in any case first to their municipality. Because here it actually behaves in such a way that it can come on local level to large differences in things tree protection. Whether it’s different measurement methods to determine a tree’s protected status, or different specifications for compensatory plantings.
Who else helps?
In case of doubt, you can also contact the responsible lower nature conservation authority, from there your request can be passed on.
A comprehensive catalog on the subject of tree protection in Brandenburg has been compiled by the Brandenburg state association of NABU.
This applies in allotments
In allotments, the tree protection ordinance of the municipality also applies. However, this often exempts allotments from certain protections. So again, it’s better to just ask, not just do.
Typical symptoms of damage to trees
Not every sick or dead tree is automatically a safety hazard and needs to be cut down. The tree expert Andreas Wustenhagen recommends to SUPER.MARKET but to pay attention to the following symptoms of damage:
– On dead, attached or broken branches
– Cracks in the ground and a sudden increase in the slope of the tree
If a tree is dying, a layman can tell with the naked eye: "If the tree is no longer able to form new shoots in its tips, in the upper crown every year, then it is a sign that the vitality is decreasing", as Wustenhagen explains.