Tree felling or tree modification; application

Before you cut down a tree, even if it is on your own land, you should check with your local authority whether it has issued a tree protection order. Trees may then only be felled or pruned with permission.

In accordance with Section 29 (1) sentence 2 of the Federal Nature Conservation Act in conjunction with Article 51 (1) no. 5a of the Bavarian Nature Conservation Act, municipalities can issue tree protection ordinances to protect trees and shrubs within built-up areas. The resulting greening of the built-up areas has considerable positive effects, such as revitalizing and maintaining the townscape, improving the urban climate, reducing noise and keeping the air clean.

Tree protection ordinances standardize, among other things, bans on the removal and destruction of protected trees. The ban on felling trees also applies if the trees are located on your own property. Exceptions are permitted in individual cases. As a rule, however, replacement planting must then be carried out.

You can find out whether a tree protection ordinance exists in your municipality and what requirements and restrictions apply to you by making a brief inquiry to your local authority.

According to Section 39 (5) sentence 1 no. 2 of the Federal Nature Conservation Act (BNatSchG), it is prohibited to cut down, uproot or remove trees outside of forests, short rotation plantations or land used for horticultural purposes in the period from March 1 to September 30.

This prohibition does not apply to gentle shaping and maintenance pruning to keep trees healthy (e.g. removal of dead wood, damaged branches, so-called summer pruning of fruit trees). In principle, pruning is also permitted on land used for horticultural purposes within the scope of horticultural use, e.g. in a typical home garden or allotment garden. There are also other exceptional reasons, e.g. measures to ensure road safety are permitted if they cannot be carried out in the public interest by other means or at other times.

If a tree is currently being used by animals as a nesting site, for example, further restrictions may be possible.

In accordance with Art. 16 Para. 1 Sentence 1 No. 5 of the Bavarian Nature Conservation Act, it is prohibited to remove, damage or otherwise significantly impair avenues in the open countryside along public or private traffic areas and farm roads. Exceptions are possible in individual cases.

The contact for questions in this context is the district administrative authority (lower nature conservation authority).