Can I Cut A Dry Tree In The Forest
Take, and cut down a tree. But is it really that simple?
A common situation in life: the owner of a land plot (has a legal title to this plot) decided to clear it of the trees growing on it. This site is not bound by any encumbrances, there are no arrests, the subject of bail, etc. plot is not. The site does not belong to the category of residential, park, protected (water protection, etc.), nature reserves and other similar zones. The site is intended for individual housing construction (IZHS), there is a residential building and, perhaps, other buildings permitted by law. The trees on the site do not belong to the category of relict, especially valuable species.
Under such circumstances, can the owner of the site (alone or using the services of third parties) eliminate all or part of the trees growing on it? Roughly speaking, does he have the right, as the owner of the site and everything that is on it, to cut these trees?
For an amateur in modern Russian “law” (including for an ordinary armchair lawyer) this question may seem banal and even ridiculous. Well, what, they say, a conversation, then the owner of the site, to dispose of it and all that is on it, at his discretion, if it does not contradict the law, in particular, the interests of third parties. Lawyers-scientists (who have diplomas of higher legal education, or even who are the authors of publications, dissertations, testifying to the high level of their theoretical qualifications), especially those far from practice, can begin scientific reasoning about how it SHOULD be in this case.
However, not everything is so simple. The starting point of reasoning with the aim of answering this question is the fact that RUSSIAN LAW is in force in Russia. And it, this “right”, is quite special and, in some places, even original. True, the notorious “originality” looks good only if it does not hurt someone personally. And the one who is affected by this originality in practice has, in 99.9% of cases, a completely different opinion. Theory. this one. And here is what the practice, including the judicial one, offers, generally speaking. other. But let’s try to figure it out.
The need to demolish (cut) trees can arise for a variety of reasons. For example, a tree has grown in front of the window of a residential building on the plot. While it was small, the owner did not pay attention to it. Children were playing in its shadow, birds were sitting on the branches, coolness emanated from it. But now, the years passed. And trees, like children, grow quickly. Before you have time to look back. it seems like the child has just learned to say “mom”, just learned to climb onto the pot. but he has already finished school and, look, he himself will be the same as him, teach to potty, teach to say this sweet word “mother”.
So are the trees. Here, like recently there was a tiny trunk, shoots barely made their way through the soil. It seems that recently its height was at most a meter. one and a half. And suddenly. here you are. it is already huge, powerful, with a diameter of half a meter and even more. Everything would be fine, but the shadow that it created earlier is now beginning to interfere. And now leaves are falling from the top, then with branches it touches the roof of the house, then a broken branch (or even a branch), rushing down, smashes everything that comes in its path: the roof of the house, the fence, the beds. Okay, if you are lucky and no one will be near at this moment. Although, it happens when you are unlucky. But let’s not talk about it.
Or the owner of the site has planned to make an annex to the house, or decided to make, say, a football field, well, you never know what else. In any case, no matter how sorry this tree is, you have to cut it down. Again, we will not discuss how technically difficult this work is. For whoever has done this at least once does not need any comments. Well, those who are used to engaging in idle chatter in life will still not understand (well, what, they say, is so difficult here. just think. they called the team and they will remove this tree). Therefore, we will not discuss technical issues either. For there is still, perhaps, more essential: the legal aspect, namely, the conflict of eligibility arising from the demolition of such a tree.
So what can an ordinary lawyer say here? Do not bother, they say, Art. 209 of the Civil Code of the Russian Federation to help you. It, in this article, says:
Article 209. property rights
1. The owner has the right to own, use and dispose of his property.
2. The owner has the right, at his discretion, to perform any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and interests of other persons protected by law.
3. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), are exercised by their owner freely, if this does not harm the environment and does not violate the rights and legitimate interests of others.
Those. the meaning of this article is obvious: the owner of a land plot can use his land, as well as natural resources at his own discretion if and only if it does not contradict the law and the interests of others.
By virtue of paragraph 2 of Art. 261 of the Civil Code of the Russian Federation, unless otherwise provided by law, the ownership of a land plot extends to the surface (soil) layer located within the boundaries of this plot and water bodies, plants on it.
But the legislation of the Russian Federation consists not only of one civil code. There are many other codes and federal laws. And also, there are also regional, local regulations.
There is, for example, the Forestry Code (LK RF). And here’s what it says:
Article 16. Cutting of forest stands
1. Felling of forest plantations (trees, shrubs, lianas in forests) is the process of cutting them down, cutting down, cutting.
2. For timber harvesting, unless otherwise established by this Code, felling is allowed:
3. The procedure for felling forest stands is determined by the rules of timber harvesting, sanitary safety rules in forests, fire safety rules in forests, rules of forest care.
According to Art. 3 of the RF LC, the forest code regulates forest relations. Art. 5 of the RF LC is called “The concept of a forest”: it is an ecological system and a natural resource. We will not dwell on the fact that this article in no way reveals the essence of the concept of “forest”. Indeed, say, a lake is also an ecological system and a natural resource. However, many of those who live in the Russian Federation are familiar with such “nuances” of legislation. When, it seems, there is a legal norm, but it reveals ABSOLUTELY nothing. Because it was invented in a hurry, through thoughtlessness. Or, on the contrary, specifically in order to have more court sessions, debates and interpretations (including incorrect ones).
As follows from the preamble of the RF LC, forest relations are regulated taking into account the concept of forest as a set of forest vegetation, land, fauna and other components of the natural environment, which is of great ecological, economic and social importance. Obviously, this is not a legal, but a biological view of the forest. In addition, this set is regulated not only by forestry, but also by other branches of legislation.
Well, familiar. But let’s go further.
In Art. 6 LK RF establishes that forests can be located on lands of the forest fund and lands of other categories. According to Art. 7 of the Land Code of the Russian Federation (ZK RF), there are, in particular, forest land, agricultural land, as well as land of settlements. And this means that this article allows for the possibility of finding forests on land plots of individual housing construction that are part of settlements.
According to Art. 8 of the RF LC, forms of ownership of forest plots in the composition of lands of other categories are determined in accordance with land legislation, in particular, on the basis of Art. 15 of the RF Labor Code “Land ownership of citizens and legal entities.” Thus, the forest growing on the IZhS plot is private property and belongs to the owner of this plot.
According to Art. 6 of the RF LC, the use of forests is carried out in accordance with the intended purpose of the land plot on which they are located. Therefore, the use of the forest (trees) located on the IZhS site should be carried out in accordance with the purpose of this site, i.e. for INDIVIDUAL HOUSING CONSTRUCTION. Is it possible, for example, to use a tree growing on such a site to build an individual residential building? Judging by the letter of Art. 6 LK RF, it seems, you can.
But let’s go further. Art. 7 LK RF defines what a forest area is. A forest plot must have an area, boundaries, and a registry number. This is a land plot, the boundaries of which are determined in accordance with Art. 67, 69 and 92 of the RF LC. Reasonable question: can a forest plot be located on a land plot of individual housing construction?
In turn, Art. 67 of the RF LC establishes general provisions on forest management, which is carried out on the lands of the forest fund, as well as on the lands specified in part 3 of article 23 of the RF LC. However, in Art. 23 there is no reservation about the land allocated for individual housing construction. In this regard, it only mentions the lands of settlements where urban forests are located. However, in accordance with Art. 8 LK RF, art. 15 of the Labor Code of the Russian Federation, trees growing on the IZhS plot are not an urban forest (especially if such a plot is located outside the city, because a suburban forest is not an urban forest). Consequently, forest management on IZhS lands is not regulated by the Forest Code.
The same applies to Art. 69, 92 LK RF. There are also no signs by which the trees located on the IZhS site could be characterized as being on the forest site.
So, the RF LC does not contain grounds to consider a part of the IZhS plot with trees growing on it as a forest plot. Since the IZhS plot does not fall under “other land categories” (in the order of Art. 6 of the RF LC) and cannot be considered partly or completely a forest plot. over, it is not a forest fund.
At the same time, in accordance with Art. 6 LK RF, on the lands of IZHS there may be a forest.
In accordance with Art. 10 of the RF LC, forests located on lands of other categories can be classified as protective forests. The peculiarities of the use, protection, protection, reproduction of protective forests, commercial forests and reserve forests are established by Articles 102. 109 of the RF LC. Thus, the forest located on the lands of IZhS can be classified (only) as a protective forest. However, in Art. 102-109 LK RF there is no category of protective forests, which would correspond to the lands of IZHS. Thus, it is possible to classify the forest growing on the IZhS site as a protective one, but there is no specific category to which such a forest could be attributed.
How to cut a tree legally and without a fine
Do you want to remove a tree in your area or an overgrown bush in front of a high-rise building does not let light through the windows of the first floor?
You want to do everything in accordance with the law, but do not know where to start the registration?
This article will help you. In light of the increasingly deteriorating environmental situation in the world, the preservation of trees and shrubs as natural keepers of climate and air quality is of a state nature. A lot of laws, regulations are being passed, a myriad of bills are being considered throughout the country, and all of them are aimed at the fact that every tree should be preserved. The most important in the list of thematic normative acts, perhaps, is the Federal Law of 10.01.2002 N 7-FZ “On Environmental Protection”.
According to article 16 of this document, any negative impact on the environment is paid. And chapter 14 of this law is fully devoted to responsibility for violations in the field of environmental protection.
“On the calculation of the amount of damage caused to forests as a result of violation of forest legislation”
No matter how important it is to preserve nature and, in particular, trees and shrubs for the country, there are situations when it is simply impossible to do without removing a specific plant.
This is the construction of new houses and communications in cities, the laying of power lines in forests, the removal of dry and potentially dangerous trees, and much more.
There are other examples of the use of woody vegetation: fuel and commercial timber harvesting.
Is it possible to cut trees in the forest, including dry and fallen trees, and are there fines for this??
Trees are a strategically important resource that cannot be cut down uncontrollably so as not to worsen an already dire ecological situation. For illegal logging can face serious fines and even criminal liability. In this article we will give answers to various questions regarding cutting or cutting down forest trees. In particular, let’s figure it out:
- what are the possible fines for illegal logging.
- is it possible to saw and take out dry and felled ones;
- what happens if you cut down a tree in the forest;
Only illegal felling is prohibited in the forest, because cutting down old, diseased and disturbing plants is an integral part of forest maintenance. With the help of such felling, they regulate the average age of plants and the main species, as well as improve conditions for the rapid growth of young shoots, which are drowned out by old trees and dead wood. In those forest areas where maintenance is not carried out through felling, the basic characteristics of commercial wood are much worse than where green spaces are closely monitored and unnecessary or interfering plants are removed in a timely manner. In addition, it is a renewable resource, therefore building materials are made from it, and also used as raw material in various chemical industries. For these purposes, huge areas of forests are cut down, on which trees of certain species grow, which are then restored over many decades, often in such areas. to facilitate the growth of young growth, from which a new forest will eventually grow.
allows you to cut trees in the forest by both enterprises or entrepreneurs and individuals, but this must be done under the strict supervision of forestry workers, because you cannot arbitrarily choose a tree that you want to cut down or cut down, because any removal of a plant should benefit the forest. For this reason, only the plants marked by the forester can be cut down. Also, first
What trees can be cut without permission
Is it possible to saw dry trees in the forest Wood species never loses its popularity, wood is used both as a building material, for interior decoration, and naturally, as a raw material (for heating devices, stoves, fireplaces, etc.). But today it is firewood. a relatively precious pleasure, especially if you heat the whole winter, therefore, instead of buying firewood, many are engaged in “independent production”. they cut dry firewood in the forest.
But it is worth figuring out whether it is possible to cut dry trees in the forest? Let’s look at article 0 of the forest code This article consists of the following points: Read also1.
You cannot grow without sawing without permission. You can saw that someone has damaged the trees. Is it possible to saw dry, then a citizen has every right to saw dry trees in the forest for.
People have the right to harvest wood for themselves and for heating their own premises.
Can I cut down a tree without someone’s permission? If the territory is located in an area of a huge number of forests, for example, in some places in Siberia or in the Far East, then a citizen has every right to saw dry trees in the forest for his own needs, but with all this, it is necessary to take into account all the standards that are established in the corresponding reference 3. For the procurement of wood by citizens for their own use, parts 1, 2 and 7 of the current code are not used. Russia introduces criminal liability for collecting firewood in the forest Well, dear spectators, the weather is getting warmer, I suppose you get barbecues, you clean skewers, for trips to the forest. felled tree penalty?
The law of the Russian Federation. Not many people can give a clear answer to the question: What kind of mown tree will be to me? To find out the answer to it.
What permissions are needed, what trees can be cut without documents.
Is it possible to cut trees without permission?
is it possible in Riga just like that, without sawing without.
The rules that must be observed when harvesting wood species from forests, and the procedure for such harvesting is regulated by the laws of the respective country. Of course, as with any violation of the law, there are penalties for non-compliance with the rules.
The “Law on the collection of dead wood” in 2021 allowed the removal of fallen and dried trees from the forest without hindrance
The “Law on the collection of deadwood” was adopted by the State Duma in the third reading and signed by Russian President Vladimir Putin on April 18, 2021.
Also, dead wood is usually included in the term “dead wood”. the trunks of trees that have dried up at the root. Deadwood and dead wood are of a certain value for certain groups of Russians living in villages and using wood resources for heating private houses. Until January 1, 2021, collecting deadwood in the forest was considered illegal.
Residents of the Russian Federation had the right to collect for their own needs only: If you want to find out how to solve your problem in 2021, contact through the online consultant form or call:
- St. Petersburg:.
- non-wood waste. moss, broken branches and birch bark.
For illegal collection of felled trunks and branches, punishment was provided in the form of a fine (Article 7.27 of the Administrative Code of the Russian Federation) or imprisonment for up to two years (in accordance with Art.
158 of the Criminal Code of the Russian Federation). In order to avoid punishment for the removal of dead wood, it was necessary to first obtain a permit by registering the site. However, dead wood and dead wood pose a danger to: fallen trees, not harvested on time, negatively affect the fire situation in the forest. Residents of villages and villages could not only timely clean the forest of fallen and dried up trees, but also use them for their own benefit. Considering these circumstances, representatives of the Russian authorities decided to allow the collection of dead wood and dead wood at the legislative level.
Is it possible to saw fallen trees in the forest without a permit in 2021
Explanations about the fact that deadwood is supposedly considered a non-timber resource almost do not mean anything. this is just the opinion of the department, but not a regulatory document. In court, this opinion will not resist. The fine for the Administrative Code depends on how you harvest the wood. Was it deadwood or a growing tree, now no one will understand.
There is still criminal responsibility.
It is used for significant and major damage, which is considered according to a special method.
To get under the article of the Criminal Code, one tree may be enough.
But this article is applied when the tree has stopped growing due to damage. If it did not grow anyway, then there will be only administrative responsibility for the damage.
Removing timber without permission is in any case the theft of someone else’s property. Liability depends on damage.
Removal of deadwood for this article is now easily suitable.
Attention We went to the forest, the blessing is nearby, and there they were just cleaning the forest, well, with a question, we shot down how we could have sawed down combatant trees. We were sent to the forestry, where they issued a certificate for firewood in the amount of 2 cubes already 2 rubles per cube.
When asked how to measure and who to control, it was said that you don‘t need 10, but 2 or 4 is all the same. As now I don’t know, the forest is so dirty and no one is watching it, so it seems that it is possible and so if not on an industrial scale. Although where as kmk. eric1581 07/21/2009, 14:50 # we can’t even collect brushwood, 15 km from the Moscow Ring Road And what are the sanctions?
eric1581 07/21/2009, 14:57 # administrative punishment EugeneB 07/21/2009, 14:54 # and a saw can be taken away and a fine can be rolled in, we usually go to the forestry and negotiate. everything is not so expensive there. Nichеgo.Nеt 21.07.2009, 14:50 # and there are still foresters?
we definitely do not. At the legislative level, the deadwood was taken care of back in 2015.
But then it did not work to agree on prepositions and terms.
With that version of the amendments, under the guise of deadwood, they could harvest and export live trees for free. The bill on deadwood appeared for the second time two years ago.
What is deadwood, or What kind of wood can be collected in the forest?
- April 22, 2021, 17:48 8 338
Since this year, it has been allowed to collect dead wood in the forest for their own needs. If earlier a mandatory permit was required to prepare firewood and brushwood from dead and other inanimate trees, now it seems to be not needed. But it’s not that simple. Let’s try to figure it out together with the Ministry of Natural Resources of Chuvashia. In accordance with the Forest Code, deadwood is no longer considered a wood resource.
It can be collected along with stumps, birch bark, bark of trees and shrubs, paws of conifers, moss, reeds and similar forest resources. Willow. tree trunks or parts thereof that have fallen to the ground in the forest: twigs, branches, dry and rotting. Broken by the wind, bulk of snow, etc.
forest, as well as timber felled and semi-processed, but not exported and abandoned. The legislation clearly stipulates that from January 1, 2021, it is possible to collect the remains of tree trunks, twigs lying on the ground, which are not felling residues at the sites of cutting operations, and also inanimate trees damaged by harmful organisms, windbreak, snowfly. That is, the most important condition is that the tree must lie and must be inanimate.
Do not touch a dead tree with leaves, even if it is lying. And dead wood without leaves, if it is standing, cannot be cut down either. this is fraught with a fine. Tilted but not fallen trees, as well as the butt parts of windbreak trees (tree trunks from the stump to the place of breakage) are not classified as deadwood, regardless of their condition. Do not include dead trees and trees felled by the wind with green foliage or needles, as well as felling residues in places where timber is harvested. Can someone use a tree that has been felled on the ground long ago?
It is possible, if it is really felled long ago, does not have an owner and is not located in the places of logging operations. Deadwood is harvested throughout the year. On the territory of the republic, it can be collected with an ax and even a chainsaw. As explained in the Ministry of Natural Resources of Chuvashia,
- 08/09/2018 /
- 0 comments
After all, they can easily melt the stove.
Loved deadwood and summer residents: dry branches. an excellent kindling for fireplaces and barbecues. Cleaning order “At all times, in the USSR, even in tsarist Russia, there was a permit for citizens in rural areas to cut down dead wood in the forest to heat their homes. For some reason, this point has been omitted in the current Forest Code. says Alexander Konovalov, deputy of the Kostroma Regional Duma.
Commercial wood is used for production.
CUTTING DOWN LARGE OLD GROWTH PINE TREES
Info Home / Laws / Law on the collection of deadwood in the forest in 2021 Date: 27, April, 2021 Author: Alexander: “The Russians will be allowed to collect deadwood in the forest”.
It is strange to read such news in 2021, especially in a period of stability and economic success of the state.
Another news is not far off. the deputies plan to exempt Russians from income tax when handing over waste paper. All this is not a joke at all, but the result of the legislative activities of the State Duma, the Federation Council, as well as the president of the country who signed this document.
Important Law on the collection of deadwood in the forest 2021: what is meant, what is considered deadwood when the new law comes into force.
The new law will equate deadwood with berries and mushrooms You can joke as much as you like, but the law on collecting deadwood in the forest, signed in April 2021, was actually needed.
Is it possible to cut trees on your site, in the country, in the city, in the forest and how to get a permit?
Sometimes it becomes necessary to cut down a tree, but before that you need to get a permit. Unauthorized cutting down of trees without obtaining a special permit is illegal. Therefore, for it you can get large fines or even fall under criminal prosecution. Therefore, it is important to know:
- where to go if you need to remove an interfering plant.
- what documents confirm the right to felling or cutting down a tree;
- who issues such permits and under what conditions;
- how much does the permit cost;
How to get the Modern Axe In 5 Minutes | The Forest Tutorial
In addition, we will tell you in what cases it is possible to cut down a tree without obtaining permission and avoid punishment for this.
A tree is the same real estate as a house or apartment, because it is located on a land plot that has an owner. the owner of the site has the right to independently dispose of his property, therefore only he can apply for a permit, but if someone else applies for a permit, then in order to consider his appeal, he, at a minimum, must have a power of attorney to provide the interests of the owner.
Therefore, it is impossible to legally obtain a felling ticket or permission to cut / cut down a tree located in someone else’s area, even if it interferes greatly, except for emergency and threatening trees, however, only an authorized person can apply for permission for them. At the same time, the owner of the site can be both against cutting in general, and against the use of certain methods, and even a representative of the local authority will have to reckon with his opinion.
In most cases, such permits are issued by the Department of Environmental Management or the Department of Nature Protection under the city administration, however, situations are possible when its functions are performed by other departments, including the Department of Housing and Communal Services (HUS). Most cities have their own procedure for issuing
Is it possible to saw dry trees in the forest
Wood never loses its popularity, wood is also used as a building material, for interior decoration, and of course, as a raw material (for heaters, stoves, fireplaces, and so on).
But today, firewood is a relatively expensive pleasure, especially if you heat the whole winter, therefore, instead of buying firewood, many are engaged in “self-mining”. they cut dry firewood in the forest.
However, it is worth figuring out whether it is possible to cut dry trees in the forest.?
Consider Article 0 of the Forest Code
This article consists of the following points:
People have the right to harvest wood for themselves and for heating their premises.
If the territory is located in an area of a large number of forests, for example, somewhere in Siberia or in the Far East, then a citizen has every right to saw dry trees in the forest for his own needs, but at the same time, all the standards that are established in the corresponding standard must be taken into account.
Parts 1, 2 and 7 of the current code do not apply for the harvesting of wood by citizens for their own use.
The norms that must be observed when harvesting wood from forests, as well as the procedure for such harvesting, is regulated by the laws of the respective state.
Penalties for violation. Of course, as with any violation of the law, there are penalties for breaking the rules. This is regulated by article 8.25 of the same forest code.
If the rules for harvesting wood are violated, then they first give a warning, and it is also possible to impose a fine in the amount of five hundred and up to a thousand rubles.
If the procedure for cutting down forest plantations is violated, then in this case, a fine in the amount of 300 to 500 rubles is possible.
Procedure for harvesting timber to be used for own needs.
1) Cutting down a tree for your own needs is not any business activity.
2) People have every right to use wood from the forest to insulate their own houses, as well as to build something or to restore (repair) any building.
3) People should only harvest wood according to the contract. For this, there are special provisions in the code.
4) Payment according to the contract is carried out according to the standards and that are established in a specific area where timber harvesting will take place.
5) Citizens who want to cut wood in the forest must first write and send an application to the forestry or to the forest park, in which territory the forest is located (more precisely, where you will be harvesting wood).
After submitting an application, it is considered and after a while a special body makes a decision. to allow or prohibit the cutting of trees in the forest.
Is it possible to cut trees in the forest, including dry and fallen trees, and are there fines for this??
Trees are a strategically important resource that cannot be cut down uncontrollably, so as not to worsen the already difficult ecological situation.
For illegal deforestation, serious fines and even criminal liability are threatened.
In this article, we will give answers to various questions regarding cutting or cutting down forest trees.
In particular, let’s figure it out:
- what happens if you cut down a tree in the forest;
- is it possible to saw and take out dry and felled ones;
- what are the possible fines for illegal logging.
Amount of fines and other types of punishment
The minimum fine for a sawn tree is prescribed in Article 8.28 of the Code of Administrative Offenses (CAO) of the Russian Federation and is:
- 3-4 thousand rubles for citizens;
- 20-40 thousand rubles for officials;
- 200-300 thousand rubles for legal entities.
Aggravating circumstances include the following factors:
- the plant was cut down or cut down by a group (2 or more people);
- using transport or power tools;
- by prior conspiracy.
Any aggravating circumstance leads to an increase in the size of the fine for a tree cut in the forest, and in some cases to the initiation of a criminal case under Article 260 of the Criminal Code of the Russian Federation.
This article provides not only noticeably larger fines, but also such penalties as:
- forced labor;
- correctional labor;
- deprivation of liberty;
- prohibition to hold certain positions.
information on fines and other types of punishment can be found here.
Who has the right to do it?
The Forestry Code of the Russian Federation allows both enterprises or entrepreneurs and individuals to cut trees in the forest, but this must be done under the strict supervision of forestry workers.
After all, you cannot arbitrarily choose a tree that you wanted to cut down or cut down, because any removal of a plant should benefit the forest.
For this reason, only the plants marked by the forester can be cut down. In addition, you first need to obtain a permit and pay a fee that will be spent on the restoration of green spaces.
Therefore, trees in the forest can only be sawed by those who have received an official permit and a felling ticket, which details the coordinates of the site on which the trees to be cut and the location of the plants to be cut on the site grow. For more information on all matters related to obtaining permission, see these articles:
Plantings (forest belts) are used to protect arable land from dry winds and earth erosion.
The trees in them are not only a valuable natural resource, but also part of a protective mechanism that preserves the soil from loss of fertility.
over, the effectiveness of the forest belt directly depends on the state of the trees in it, which means that old, dried and diseased plants must be removed.
It is the responsibility of a specialist to identify the trees that need to be removed, therefore it is illegal to attempt to cut both dry and healthy plants in plantings without obtaining permission.
On private plots bordering the forest
Despite the fact that the owner of a private plot has the right to independently decide the fate of trees, this does not apply to plants located next to the forest.
The division into plots is of a legal nature, and according to Article 5 of the RF LC, a forest is an ecological system, therefore, plants adjacent to the forest, located on the lands of various owners, are still part of it.
This means that Article 209 of the Civil Code of the Russian Federation, which allows the owner to independently decide the fate of real estate objects on his site, is not applicable to them.
Is it possible to saw trees in the forest?
Only illegal felling is prohibited in the forest, because cutting down old, diseased and disturbing plants is an integral part of forest maintenance. With the help of such felling, they regulate the average age of plants and the main species, and also improve the conditions for the rapid growth of young shoots, which are drowned out by old trees and dead wood.
In those forest areas where maintenance is not carried out through felling, the main characteristics of commercial timber are much worse than where green spaces are closely monitored and unnecessary or interfering plants are removed in a timely manner.
In addition, wood is a renewable resource, therefore building materials are made from it, and also used as a raw material in various chemical industries. For these purposes, huge areas of forests are cut down, on which trees of certain species grow, which are then restored over many decades.
Often, stumps are uprooted in such areas to facilitate the growth of young growth, from which a new forest will eventually grow.
Dry and felled
Despite the fact that cutting down dry and diseased trees is a blessing for the forest, this cannot be done unauthorized, because the law does not distinguish between a young shoot, an adult healthy tree or dead wood, all this is a valuable wood resource.
The only exception is deadwood, which by the Federal Law of April 18, 2018 No. 77-FZ “On Amendments to Article 32 of the Forest Code of the Russian Federation” since January 2019 has been classified as a non-timber resource, so it can be harvested without obtaining permission.
Can fallen trees be removed from the forest? Yes, you can, but there are some nuances here. It is allowed to take a fallen tree and drag or carry it entirely, this will not be a violation of the law. If, however, a fallen tree is cut into pieces, and only then taken out, then there is a high probability that this will be regarded as illegal felling.
After all, it is not known which tree (still standing and being a valuable wood resource, or fallen and turned into dead wood) was sawn, so it is easier for law enforcement officials to write out a fine for illegal felling than trying to figure out the problem.
It will now be necessary to saw the trees felled in the forest, relying on the new 2018 law
Moscow, 02.22.2021, 20:43:06, edition of PRONEDRA.RU, author Julia Sokolova.
As soon as the warm days come in Russia, people will begin to go out into nature for barbecue in large quantities. Naturally, vacationers will start looking for firewood for kindling, but according to the new law, not all dried twigs and firewood can be collected in the forest.
Even if you find a dry tree in the forest that lies on the ground, you still cannot touch it. It’s illegal. Otherwise, you may be issued a fine, according to the law that has already been adopted, you can get acquainted with it here http://sozd.parlament.gov.ru/bill/116620-7.
In 2018, a regional law comes into force, which regulates the procedure for harvesting wood for personal needs. According to the new law, trees, even dry ones, can only be cut by agreement. That is, if you decide to cut down a dry tree in the forest, you must provide the corresponding purchase and sale document. If there is no contract, then you are committing illegal actions, and you may be fined.
Previously, this law was only valid for living trees, but in 2018 it was decided that broken, dry trees fall under illegal sawing.
There are situations when a person cuts down trees and presents himself as a forest orderly. But in 2018, such an excuse is not valid, since only representatives of local authorities or tenants of the site where dry trees are located can engage in tree cutting. over, even they can do this only if the tree undergoes a special examination, and experts will issue a written conclusion that the tree is dead.
The Ministry also clarified that the law also applies to trees that have fallen as a result of the wind or for any other reason. Such trees are started up for firewood only when there is an agreement on hand confirming the purchase of this tree.
If a person chooses to cut down a dry tree without a corresponding document, then he is credited with an article for stealing from the state. And under this article follows not only a monetary punishment, but also a criminal one. Under the new law, a person who commits such acts can be sentenced to prison terms of three to five years.
It is worth noting that if a person has a purchase and sale document, then he has the right to use the received wood only for personal purposes. It is strictly forbidden to resell felled trees.
From April, all forests of the Russian Federation will be under the strict control of the Ministry of Nature and the regional forestry.
If you are going to the woods for barbecue, it is better to use coal or purchased wood for the fire. In this case, you must have a receipt confirming the purchase with you. Otherwise, you may be fined.
Cut a tree in the forest for your own needs
Forest is the property of the state
Our legislation clearly defines the concept of “forest”. These are grass, moss, lichens, trees, shrubs and other vegetation that grows on the federal lands. The state is the owner of the RF forest fund. Any action of citizens must be coordinated with the owner of the resource.
Harvesting for own needs
The Forest Code of the Russian Federation provides us with a legal opportunity to cut down trees for our own needs. In this case, own needs are considered:
- heating of living quarters;
- construction of individual housing;
- renovation of a private house;
- restoration of buildings after natural disaster and fire.
Procurement standards are established by regional laws.
To obtain a permit for felling, it is necessary to send an application to the relevant forestry with an indication of the purpose of use, the volume of wood and supporting documents (for a land plot, a certificate from the BTI on stove heating, and others). A special commission will consider your application and issue permission. After receiving it, concluding a contract for the sale and purchase of plantings and carrying out certain preparations (setting boundaries, taxation), you can safely proceed to selective or clear felling. At the same time, get ready that after the event the state of the site will be checked by the authorities.
If you are interested in the cost further. the price list for cutting down trees.
Is it possible to cut dry trees
Despite the fact that cutting down dead wood heals the planting, you cannot do it yourself, without the appropriate permission. Do not forget that forests are the property of the state. Therefore, any action in this area must be coordinated with the authorized bodies.
While in the forest, you can collect its gifts, suitable for human consumption, and non-wood forest resources (part 1 of article 11 of the RF LC). Non-timber forest resources include:
- birch bark;
- bark of trees and shrubs;
- reeds and other gifts of the forest.
If you are going to take out fallen trees or chop down dead wood, this will be considered harvesting firewood. And it should be carried out on the basis of contracts.
For illegal logging and damage to green spaces, serious penalties (up to 3 million rubles), administrative and criminal liability, up to imprisonment for up to 7 years, depending on the nature of the act and the amount of damage caused (Article 260 of the Criminal Code of the Russian Federation ).