Can I cut down a tree in a farmstead?
To take and to cut down a tree. But is it so simple??
A common situation in life: the owner of a plot of land (has a registered in accordance with the law of ownership of this site) has decided to clear it of the trees growing on it. The given site is not connected with any encumbrances, there are no arrests, the subject of pledge, etc.п. The site is not. The plot does not belong to the category of residential, park, protected areas, etc.), reserved and other similar areas. The plot is intended for individual housing construction (IHB), there is a dwelling house and, perhaps, other legally permitted constructions. The trees growing on the plot are not relic or especially valuable species.
Whether under such circumstances, the plot owner (alone or with the help of third parties) may liquidate all or part of the trees growing on the plot? Roughly speaking, does he have the right, as the owner of the land and everything on it, to cut down these trees?
For a layman in contemporary Russian “law” (i.e.ч. To the layman of modern Russian “law” (i.e., to the average desk lawyer) this question may seem banal and even ridiculous. Well, what kind of talk is it, the owner of a land plot is entitled to dispose of it and everything what is there at his discretion, if it does not contradict the law, in particular, the interests of third parties. Lawyers-scientists (who have degrees of higher legal education or are the authors of publications and dissertations testifying to a high level of their theoretical qualification), especially those who are far from practice, can start making scientific arguments about what SHOULD happen in this case.
But it’s not that simple. The starting point of reasoning for the purpose of answering this question is the fact that RUSSIAN LAW applies in Russia. And it, this “right”, is quite special and, in some places, even original. True, the proverbial “originality” looks good only as long as it did not hurt someone personally. And whoever is affected by this originality in practice has, in 99.9% of cases, a completely different opinion. Theory. it is one. And here’s what practice, including judicial practice, suggests, generally speaking. another. But let’s try to get to the bottom of this.
The need to demolish (cut down) trees can arise for a number of reasons. For example, a tree has grown in front of the window of a house on the property. While it was small, the owner did not pay attention to it. Children played in its shade, birds sat on its branches and it smelled cool. But here, the years have flown by. And trees, like children, grow up fast. Before you know it, your child has just learned to say “Mama” or go potty And now he has finished school, and he is about to go and potty-train someone just like him, and teach him to say the sweet word “mama”.
And so are the trees. Here, like recently there was a tiny trunk, barely made it through the soil shoots. It seems to have been a meter and a half high at most recently. And suddenly, lo and behold, there it is: a huge, mighty tree, half a meter in diameter and more. Everything would be fine, but the shade that it used to create, is now beginning to interfere. And now the leaves falling down from the top, or its branches hitting the roof of the house, or a broken off branch (and even a branch), rushing down, crushing everything in its path: the house roof, fence, seedbeds. Well, if we are lucky and no one is around at that moment. Although, it happens when you are not lucky. But, let’s not talk about that.
Or the owner of the land planned to make an addition to the house, or decided to make, say, a soccer field, well, you never know what else. In any case, no matter how pathetic this tree was, but we have to cut it down. Again, we will not discuss how difficult this work is technically. For whoever has done this at least once, does not need any Комментарии и мнения владельцев Well, those who are used to deal with life empty talk, anyway do not understand (well, that, they say, there’s so much difficult. you think. call the crew and they will remove the tree). So we will not discuss the technical aspects either. For there is also, perhaps, more essential: the legal aspect, namely, the conflict of powers arising from the demolition of such a tree.
So, what can the average lawyer say here?? Don’t bother, they say, Art. 209 of the Civil Code. It says in this article: Article 209. property rights 1. The owner has the right of possession, use and disposal of his property. 2. The owner has the right to perform at his own discretion with respect to the property belonging to him any actions not contradicting the law and other legal acts and not violating the rights and legally protected interests of other persons 3. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), shall be carried out freely by their owner, if it does not cause damage to the environment and does not violate the rights and lawful interests of other persons.
Т.е. The meaning of this article is obvious: the owner of a land plot may use its land and natural resources at its discretion in the case and only if it does not contradict the law and the interests of other persons.
By virtue of clause. 2 st. 261 of Civil Code, unless otherwise specified by the law, the right of ownership of a land plot applies to the surface (soil) layer and water objects within the borders of the plot, and to the plants located on it.
But the legislation consists not only of the Civil Code. There are many other codes, federal laws. And there are also regional and local laws and regulations.
There is, for example, the Forest Code (LC ). And this is what it says:
Article 16. Logging of forest stands 1. Cutting of forest stands (trees, bushes, lianas in forests) is the process of their cutting, felling, and clearing. 2. For timber harvesting, unless otherwise established by this Code, it is allowed to carry out felling: 3. The order of cutting forest plantations is specified by the rules of timber procurement, rules of sanitary safety in forests, rules of fire safety in forests, rules of forest maintenance.
According to Art. 3 LC. the Forest Code regulates forest relations. Art. 5 The LC is called “The Concept of Forest”: it is an ecological system and a natural resource. Let’s not dwell on the fact that this article in no way reveals the essence of the concept of “forest”. In fact, for example, a lake is also an ecological system and a natural resource. However, many of those who live in. such “nuances” of the legislation are familiar. When there is, it would seem, a legal norm, but it discloses ABSOLUTELY nothing. It’s made up hastily out of ignorance. Or, on the contrary, specifically so that there are more court sessions, debates, and interpretations (including misinterpretations).
According to the preamble of the LC, forest relations are regulated with consideration of forest concepts as an aggregate of forest vegetation, land, fauna, and other components of the environment that have important ecological, economic, and social significance. It is obvious that this is not a juridical, but a biological concept of the forest. In addition, this totality is regulated not only by the forest law, but also by other branches of legislation.
In Art. 6 The LC states that forests may be located on lands of the forest fund and lands of other categories. According to Art. 7 of the German Land Code (BGB), there are in particular forest land, agricultural land, and residential land. This means that this article allows the location of forests on the land plots of residential development which are a part of populated areas.
According to Art. 8 LC. forms of ownership of forest plots within lands of other categories are determined in accordance with the land legislation, in particular, on the basis of Art. 15 of the Land Code “Ownership of Land by Citizens and Legal Entities. Thus, the forest growing on the HUI plot is a private property and belongs to the owner of this plot.
According to Art. 6 of the LC. forests are used in accordance with the designated purpose of the land plot on which they are situated. Consequently, the use of the forest (trees) located on a residential area shall be in accordance with the designated use of the area, i.e. the forest is owned by the owner of the residential area.е. for INDIVIDUAL HOMELAND BUILDING. Is it possible, for example, to use a tree growing on such a site for the construction of an individual dwelling house?? Judging by the letter of Article 6 of the Land Code of the Russian Federation. 6 LC, it would seem, is allowed.
But let’s go further. Art. 7 of the LC defines what a forest plot is. A forest land plot shall have area, borders and registration number. This is a land plot, the borders of which are determined in accordance with Art. 67, 69 and 92 LC A reasonable question is whether a forest plot can be situated on the land plot of the housing and communal property?
In its turn Art. 67 LC establishes general provisions for forest management, which shall be carried out on the lands of the forest fund as well as on the lands specified in part 3 of article 23 of the LC However, in Art. 23 there is no reservation about land allotted for residential housing. In this connection it doesn’t mention except for the lands of settlements, on which the urban forests are located. However, according to Art. 8 of the LC. Art. 15 of the LC, trees growing on a residential area are not an urban forest (especially if such an area is located outside the city, for a suburban forest is not an urban forest). Consequently, forest inventory on lands of residential housing estate is not regulated by the Forest Code.
The same applies to Art. 69, 92 LC There are no any characteristics that may qualify trees on the allotted residential area as belonging to the forest area.
So, the Forest Code contains no grounds to deem a part of a land plot with trees growing on it as a forest area. As the site of residential housing estate doesn’t fall under “other land categories” (in accordance with Art. 69, 92 of the Forest Code). 6 of the LC ) and may not be considered as a part or the whole forest area. over, it is not a forest fund.
At the same time in accordance with Art. 6 of the LC, a forest may be located on the lands of the housing estate.
In accordance with Art. Forests located on lands of other categories may be considered protective forests. Peculiarities of use, protection, conservation, protection, reproduction of protective forests, exploitable forests and reserve forests are established by Articles 102-109 of the Forest Code. However, in Art. 102-109 LC there is no category of protective forests that would correspond to lands of residential development. Thus, there is a possibility to classify the forest growing on a residential area as a protective forest, but there is no particular category to which such forest could be referred.
Cases in which a clearance for felling is necessary
There are a number of situations when such a permit may be required. For example, if the land on which the tree grows is municipally or federally owned, or belongs to a forest fund A simple example: There is a tree growing outside the property, which obstructs the passage (passage) to the plot. To cut it down, you have to find out whose land it grows on, verify the borders of the land plot and apply to the applicable department for a permit to cut it down.
Another example: you own a plot of land with a forest growing on it. The new owner plans to cut down some or all of the trees to make a vegetable garden. Such a case is quite typical. Such a situation requires an application to the local municipality for a cutting permit.
How to correctly cut down a tree in order not to fall under the court, will tell in the following video
How green areas are protected?
To clarify the situation, let’s consider the question of the legal regime of green spaces on the adjacent territory.
In accordance with established court practice, owners of residential premises in an apartment building (hereinafter. MFB), as a rule, must maintain the land plot under the building that is actually in their use, even if it is not formed and is not put on the cadastral register. This obligation is realized through the management of the MFB. for example, by the management organization. Accordingly, it is incumbent on her to maintain the area around the house, including green areas on it. If the plantings are outside the boundaries of the adjacent territory, it is the responsibility of the local administration to maintain them.
Green areas are protected. Unauthorized cutting of trees is prohibited.
Each municipality has rules for the protection and maintenance of green spaces. They are monitored by the green belt management body of the city council. it detects violations of these rules and carries out inspections.
In every municipality, the local authority adopts a regulation that regulates how to issue permits for cutting down trees, including in the area around the apartment building. This document is called a felling ticket. To get a permit, you have to contact the local administration. Destruction or damage to the extent of cessation of growth of greenery without a felling ticket faces administrative or criminal responsibility.
As the destruction of trees in the adjacent territory refers to the management of common property, the decision to cut them down should be made by the owners of apartments at a general meeting. And they. represented by the managing company or an elected activist. are responsible for obtaining a felling ticket and paying compensation to the budget.
In the situation in question, the damage to the green areas was caused by the installation of street lighting poles. Therefore there is a question from a related area. on observance of rules in the field of maintenance of protective zones of electric grid facilities and special conditions of use of land plots, located within the borders of such zones.
In the laws there are indications of actions in relation to the resources of the state. If you cut down a tree without obeying the law, you can be punished not only by administrative penalties, but also by the Criminal Code.
First of all, it is necessary to pay attention to article 40 of the Land Code (point 2, part 2). This article allows felling trees on land that is owned.
You can cut down trees that you personally planted, as well as those that spontaneously grew. Article 261 (Chapter 17) of the Civil Code of the Russian Federation gives permission to cut trees on private land.
Sometimes there is a dispute between neighboring property owners over a felled tree. Neighbors can argue over whose land it was growing, who had the right to cut the plantation. In this case, to resolve the dispute, you need to establish the exact boundaries of the area with the help of surveying procedures.
ATTENTION! Restrictions on the cutting of trees may arise when there is a forest on the plot.
If you want to find out why you cannot cut down a tree near your home, on your land, you must first clarify what kind of plantation grows near your home. According to article 6 of the Forest Code forests can be in several categories, not only in the Forest Fund.
When there is a suspicion that the spruces or oaks near the house are part of a forest plantation, you need to find out if cutting them will be legal. Few people may know that not all trees near their homes, on their own property, can be simply cut down. Sometimes permission must be obtained, in other cases felling is completely impossible.
Cases where a cutting permit is needed
There are many situations in which such a permit can be required. For example, if the land on which the tree grows is municipally or federally owned, or belongs to a forest fund A simple example: A tree grows outside the property and interferes with the access (passage) to the area. In order to cut it down, it is necessary to find out on whose land it is growing, to conduct and apply to the appropriate agency for permission to cut it down.
Another example: a land plot with a forest growing on it has been purchased. The new owner plans to cut down some or all of the trees for a vegetable garden. Such a case is quite typical. Such a situation requires mandatory application to the local municipality for permission to cut down.
How to properly cut down a tree to avoid being sued will be told in the following video
Appeal to CS: GO led to the acquittal of a convicted man for cutting down trees on his property
Today the Constitutional Court dismissed proceedings on the case, in which challenged the constitutionality of the law of Krasnodar region, based on which the felling of trees on his own property of a citizen led to his criminal liability.
In 2013. The Law of Krasnodar Krai on the protection of green spaces in Krasnodar Krai came into force. Part 3 of Art. 1 of the Law states that it may extend to the protection of trees and shrubs located on plots of land provided to citizens for individual housing construction, and plots of land provided to gardening, vegetable gardening or dacha non-commercial associations of citizens on which there are trees and shrubs that are included by the local authorities of settlements and urban districts into a separate list of tree species requiring special protection.
Such a list was established by the decree of the administration of the city of Karelia. Sochi, which was subsequently posted on the official website of the city administration, as well as in the media. In 2016, he was sentenced to criminal prosecution on the basis of the Criminal Code of the Russian Federation. A citizen, wishing to install a fence on his plot designated for individual housing construction, cut down several trees included in this list. As a result, he had been held criminally liable under Art. “d” part. 2 Art. 260 of the Criminal Code. illegal cutting of trees and lianas that are not classified as forest plantations, committed on a large scale.
In the court of first instance, the state prosecutor pointed out that the citizen caused material damage to the municipality “the city of Sochi” in the amount of more than 125 thousand. rubles. The defense, in turn, petitioned the Constitutional Court for a constitutional court review of the constitutionality of Part III of the Criminal Code. 3 Art. 1 of the Law, on the basis of which the citizen was prosecuted. However, the request was denied and the court sentenced him to 1 year and 6 months of suspended imprisonment with a probation period of 1 year. The appeal instance agreed with the decision of the lower court.
A citizen appealed to the Constitutional Court. In his complaint he requested to review the constitutionality of the part of the Criminal Code applicable to him. 3 Art. 1 of the Law of Krasnodar Krai. He referred to paragraph 15 of the Ruling of the Plenum of the Supreme Court of the Russian Federation on the death penalty. The applicant referred to Clause 15 of the Resolution of the Plenum of the Supreme Court dated 18 October 2012 of the RF Ministry of Justice. 1 “On application by the courts of the legislation on liability for violations in the field of environmental protection and use of natural resources,” which states that the subject of the crimes of Art. trees, bushes and vines growing on agricultural lands (except for forest plantations designed to protect lands from the impact of negative (harmful) natural, anthropogenic and man-made phenomena), on homestead land plots, on land plots provided for individual housing, garage construction unless otherwise provided by special regulatory legal acts. Cutting down these plantations, as well as their destruction or damage, if there are grounds for this, as provided by law, may be qualified as theft or destruction or damage of another’s property.
In addition, the applicant pointed out that under s. 2 Art. 261 of the Civil Code, the right of ownership of a land plot applies to the surface (soil) layer and water objects within the borders of the plot, and to the plants located on it. The wording of the contested law to the effect that it applies to relations in the field of protection of green spaces located on plots of land provided to citizens for individual housing construction, according to the applicant, allows for a dual understanding. This resulted in his being held criminally liable and punished for actions that did not constitute a crime under Russian federal law.
Simultaneously with the complaint filed with the Constitutional Court cassation proceedings were initiated by the prosecutor of Krasnodar Territory.
At today’s CS: GO meeting a representative of the Krasnodar krai administration said that just the day before, on March 14, the cassation court ruling overturned the decisions of the lower courts in respect of the complainant.
In support of its decision the Presidium of the Krasnodar Regional Court stated, in particular, that the applicant’s actions were aimed at landscaping and removing obstacles to construction work on his privately owned plot of land. The cassation stated that neither clause 3 of Art. 3 of Art. The court also agreed with the arguments of the defense, citing paragraph 1 of the Krasnodar Krai Law on protection of green spaces, and other provisions of the law do not contain a criminal prohibition on cutting down green spaces growing on land plots allocated for individual housing construction, and also agreed with the arguments of the defense, citing paragraph 1 of the Krasnodar Krai Law on protection of green spaces. 15 Decision of the Plenum of the Supreme Court of October 18, 2012. 1.
In this connection, the Constitutional Court has made a decision to terminate proceedings in the case, since the violations of the constitutional rights of the applicant in this particular case have now been eliminated.
Commenting on the situation, Dmitry Efrosinin, representative of the applicant, lawyer of the Krasnodar Territory, said that he was satisfied with the result. “Thanks to the preparatory work of the Constitutional Court, my client and I have achieved acquittal, restoration of his honest name. We hope that in the future the work of the legislative assembly of Krasnodar Krai to bring in line with the law of the region, “- said the lawyer. He added that he was grateful to the Regional Prosecutor for his prompt reaction, as he was the one who initiated the cassation proceedings.
Felling of trees is regulated by the Land Law. It is a code of laws, which describes all the actions that can (or cannot) be taken with respect to the land resources of our country.
The Land Code (GK), Clause 2.2 of the Land Code (GK), Clause 10.3 of the Federal Law On Joint-Stock Companies. 2, ч. 2, clause 2. Chapter 40 says that the owner of a land plot has the right to cut down unwanted trees (or trees that spontaneously grow). The same provision is also set forth in the Civil Code (Ch. The plot’s owner has the right to cut down trees which were planted or are growing spontaneously. 261).
If a dispute exists between neighbors, if it is not clear on whose property the tree to be cut down is located, it is worth surveying the land, if this has not already been done. The law would then state precisely who owns the disputed land and who has the right to cut down the tree.
Forest legislation (Forest Code (FC), Art. 16) contains some exceptions that prohibit cutting trees even on garden plots. This provision applies if the land is not under the jurisdiction of a settlement, but in a forest fund. Article 6 of the LC states that forests can be found not only on the lands of the Forest Fund, but also on the lands of other categories.
Notwithstanding the fact that, at first sight, according to Art. 209 of the Land Code, the right to own a land plot does not depend on the size of the. 3 Art. The owner of a land plot has the right to use at his discretion everything above and below the surface of the land plot, but only if it is not otherwise provided by the laws on subsoils, the forest law, the law on the use of airspace, other regulations, and does not violate the rights of other persons.
The right to cut down trees, even on one’s own plot, depends on:
- presence of the formalized title to the land plot;
- category of land and type of its permitted use;
- the species, age and condition of the trees;
- other details.
According to Article 209.1 of the Civil Code, the plot owner has the right to independently dispose of his property, so only he can apply for permission.
If someone else applies for a permit, in order for his application to be considered, he must at the very least have a power of attorney to represent the owner’s interests. It is therefore impossible to legally get a felling permit or permission to cut down a tree on someone else’s property, even if the tree is a real nuisance.
The only exceptions are salvageable and endangered trees, but even these are restricted to authorization by authorized persons. In this case, the owner of the site may be against the cutting in general, or against the use of certain methods, and with his opinion will have to take into account even a representative of the local authorities.
Safe and precise. How to cut down a tree
Cases in which it is necessary to obtain a permit for felling
Situations in which it may be necessary to obtain such a permit are many. For example, if the land on which the tree is growing is municipally or federally owned, or belongs to a forest fund A simple example: a tree grows outside the property and blocks the access (passage) to the property. To cut it down, you need to find out on whose land it grows, conduct and apply to the appropriate agency to obtain permission to cut it down.
Another example: you own a plot of land with a forest growing on it. The new owner plans to cut down part or all of the trees to organize a vegetable garden. Such a case is quite typical. Such a situation requires an application to the local municipality to obtain a permit for logging.
How to properly cut down a tree, so as not to get sued, will tell in the following video
Penalties for the dacha owner: whether it is allowed to saw trees, burn leaves and collect firewood?
Legislation is constantly changing, and neighbors are confused by old prejudices and frightened by innovations. Sometimes ignorance turns into fines for owners of suburban areas, because, as we know, it does not exempt from liability. We’ve compiled a list of the most pressing questions, forwarded them to the experts, and compiled instructions.
What is allowed to collect in the forest as firewood?
While the rules are not spelled out very precisely, and it becomes an occasion for disputes. It doesn’t specify what is meant by “deadwood” and “dead wood” and allows the use of hand tools for private felling, but the Ministry of Natural Resources and Environment still doesn’t give a full list of what kind of tools these are.
The issue is regulated by Articles 32 and 33 of the Forest Code, but is often supplemented by norms of regional legislation. for example, a ban on the use of tools and vehicles, or the obligation to inform in advance about the date of collection of deadwood in the forest.
The Forest Code allows to collect deadwood for personal purposes. Conventionally it is understood to mean trees, branches and limbs that have fallen as a result of natural phenomena. things that have broken, died on their own and have no signs of life.
Earlier it was allowed to take home deadwood not exceeding 4 centimeters in thickness, now this norm was abolished.
If there are obviously sawn down or felled man-made trees, logs, and even branches in the forest in front of you, you may not take them, they have an owner. the state, so your action is classified as a crime:
Penalty for illegal cutting. 3-4 thousand rubles for natural persons. rubles. If the damage to the forest will exceed 150 thousand. rubles, then the offender faces seven years in prison (Article 260 of the Criminal Code).
Stumps can be picked up, but holes, formed by uprooting them, must be filled with soil. The birch-tree bark may be taken without restrictions only from the dead wood. From living trees birch bark may be collected only half the height of the tree and only in spring and summer.
Is it allowed to park in front of your lot??
The media recently told about the residents of the village of Zaborye in the Ryazan region. They have small plots. not enough space for parking, so local car owners park their cars in front of their gates (on the grass or in a snowdrift. it depends on the season). Unexpectedly, the local government administration surprised the villagers with the news that they risk getting up to 5 thousand rubles for such parking lot. rubles fine for violating the law on landscaping: parked cars interfere with snowplows (which, however, do not appear in Zaborye). Even the local tractor driver, who was voluntarily cleaning the neighboring roads all winter, and a pensioner who does not have a car. just under her fence for the last 30 years lies abandoned rusty truck cabin.
The issue with penalties for parking on the lawn is regulated by the so-called Registry of green spaces, which is under the regional jurisdiction of the capital’s authorities. In the regions, many of the passages between plots, designed for residential housing, formally belong to the authorities. Even areas adjacent to a dirt road near a fence can be listed in the Green Space Register. that’s why you risk a fine if you leave your car next to your property.
It sounds absurd, but there is a formal basis for a fine under the regional CAO. The problem is that the authorities have the right to include any area in this registry, regardless of whether the grass grows there now or used to grow there once.
You cannot find out if it is allowed to park there. But if you receive a fine for parking a vehicle on a landscaped (even with stunted grass) area next to your private home, try to assert your rights. Fines for improper parking on lawns, especially those fixed with the “Moscow Assistant” app, are actively reviewed by the courts, and more and more often the courts rule in favor of car owners.
As for the Moscow region, Article 56 of the regional law 91/2014 “On Improvement in the Moscow region” prohibits parking anywhere except for special areas equipped to accommodate cars. But if the territory is owned by a cooperative or a cottage community, they have the right to set their own rules for parking on their territory.
And article 209 of Civil code “property rights” lets you do whatever you want with your lot. it means it is necessary to understand who is the owner of the disputed territory: if it is administration (and there is a sign prohibiting parking on the lot), the auto owner is wrong; but if the lot is a private property, there should be no claims or fines. The conclusion is simple: look for the owner.
Where and how to cook kebabs?
The rules for handling open fires and braziers (officially called non-combustible containers) on countryside plots are prescribed in the Government Decree of September 16, 2020 479 “On Approval of the Fire Prevention Rules in the Russian Federation”.
Is it legal to burn leaves and dry grass on a plot of land??
In the suburbs of Moscow, a retired dacha owner in the old way took to burn dry leaves left over from the fall. “Twenty years ago I bought a barrel for this business and use it to burn grass and leaves and other trash. it’s hard to bring it to the garbage cans and it’s kind of illegal to dump organic waste in the forest. Recently, a neighbor came running to me and demanded to immediately extinguish the fire: allegedly now flying drones and any smoke call the Emergencies Ministry How now to be?”
In general, it is legal to burn leaves, but there are certain rules, the most important of which is to use a metal container for burning (other non-combustible materials are also allowed) so that the flames do not have a chance to spread.
All the rules are listed in the same Government Decree 479, and below we will list the most important ones:
Is it acceptable to cut down a dangerous tree on the site or just outside the fence??
A Vladivostok resident got in trouble after he cut down an oak tree on his property without a felling permit.
“Dared to cut down an oak tree on his property, without drawing up a” permission to demolish green spaces “(to draw up quite expensive and long, you need a package of documents, including topographic survey of the entire site, in it is tied everything. down to the raspberry bushes, on a plot of 20 acres of work a lot and the price tag is appropriate). Came up when he was dismantling the remains of the tree. Some kind person was vigilant. The chainsaw was taken away. Went to the department, gave an explanation that I decided to cut down the tree, because it was in an emergency condition hellip;. The district police officer draws up a report, as far as I understand, according to article 8.28. CAO “Illegal cutting, damage to forest plantations, or unauthorized digging of trees, bushes, and vines in forests”.
This issue is regulated by a whole list of legislative regulations: The Forest and Land Codes, the Federal Law “On Environmental Protection”-FZ, the Ministry of Natural Resources Order 74 on logging. There is no clear prohibition on cutting a tree on one’s own property. But in the case of valuable species (oak, beech, ash, cedar, linden, hornbeam, elm, black alder, chestnut) it is better to get a felling permit.
Trees that have already fallen can be easily cut down (if only to remove the roots still clinging to the ground), and trees of low value (such as aspens, garden apples, or pears).
But if a tree endangers safety, it must be cut, but first be sure to prepare photographs or videos to show that the tree was indeed a danger. If time is short, it is better to get a logging ticket in advance. in most cases it is free of charge.
To do this, contact the MFC or the Department of Ecology and Nature Management of the municipality. in practice, they often refuse, but if an accident occurs, a written refusal will quickly find those responsible and demand compensation.
If the tree already threatens safety, and there is no time to get a felling permit, call the Ministry of Emergency Situations. Similarly, if the dangerous tree is behind the fence but close to the property.
The question of cutting down a tree on one’s own land is regulated by Clause 3 of Article 261 and Clause 3 of Article 209 of the Civil Code (the Land Code is not a help in this case). It follows that the owner has the right to own, use and dispose of his property. only so long as it is not harmful to the environment. It turns out that the owner must decide whether or not to cut down the tree, assessing whether it causes damage to nature. At the same time, Article 16 of the Federal Law “On Environmental Protection” says that any negative environmental impact requires compensation (including a fine).
And another thing: according to the article 6 of the Forest Code, forests are sometimes located on agricultural and other lands. This means that the trees on the property may be part of the forest. that’s why it’s illegal to cut them down without a permit. Therefore, if you cut down a birch tree on your property, you risk a fine.
The easiest way to avoid confusion about land status is to ask the local authorities responsible for environmental protection about whether it is permissible to cut down a tree. It is either a management company, or the board and the chairman of the garden (horticultural) non-commercial partnership.
Responsibility for illegal cutting is provided by article 260 of the Criminal Code “Illegal cutting of forest plantations”.
Is it allowed to build a greenhouse on a plot?
Of course. All the doubts around greenhouses are related to taxation. If your greenhouse is a capital structure (the main distinguishing feature is the presence of a foundation and an area of more than 50 sq. m), then it must be registered in Rosreestr and pay taxes annually.
This practice has been applied since 1992, but out of habit the dacha owners paid only for residential houses. Only in 2016 were amendments officially equating all structures to objects of taxation on a par with dwellings, so since then. everything to the letter of the law.
Is it possible to take the cut lawn, leaves and excess fruit to the forest?
In this case it all depends on the scale and regularity. If such waste is constantly taken out, sooner or later a pile will form, which risks violating sanitary safety rules if it decays and gets into it (art. 8.31 CAO ). Penalties for such a violation for citizens are from 500.
In addition, such actions violate fire safety rules (Article 8.32 CAO ). Leaves and grass dry out and become great fuel: A spark and the forest is on fire. This kind of violation can be punished with a fine of 1 thousand Euros. rubles.
We would like to thank Anna Zimina, a lawyer; Alexey Pivovarov, a lawyer; the Department of Supervision and Preventive Work of the Main Department of EMERCOM of Russia in Moscow Region; the Federal Tax Service; Yulia Kablinova, coordinator of the “Blue Buckets” motorists’ rights protection movement; Yaroslav Nilov, a Duma deputy, deputy leader of the LDPR faction, for their help in preparing the material.