Can I cut down a tree on my own property
Cutting down trees near the house. regulations and rules
There are rules of maintenance, replanting, protection and felling, clearly stated in the codes, laws and regulations of Russia, and the city of Moscow (regulatory acts of the capital are quite different from regional laws). They regulate any actions with greenery, determine who has to cut down a tree near an apartment building, in a park, in a SNPP or other area.
Legally allowed cases of felling
- construction project which has a plan, a positive expert opinion and a permit for implementation;
- The norms of SanPiN 2. 1. 2. 2645-10, SP 42.13330.2016 and earlier. the trunk of a tree is closer than 5 meters from the house. In order to identify the violation it is required to order an expertise to Rospotrebnadzor;
- The emergency situation has resulted in the tree becoming unusable, hindering the passage, falling on the car, balcony, etc.п. You should call an employee from the Department of Environmental Control of the Department of Natural Resources and Natural Resources to visit the place where the tree is to be felled. Together with the owner or the balance holder of the area they draw up a protocol on the basis of which they start the felling process. A logging ticket must be issued not later than 72 hours after the beginning of the work and does not require closing.
Types of trees subject to sanitary cutting:
- coniferous trees: dead trees, deadwood from the previous years or from the current year;
- Deciduous trees: withering, emergency, wrecked, diseased, current year deadwood, previous years’ deadwood.
The characteristics of each type are given in the legislative act, which is used by the Department of Natural Resources in making a decision on the issuance of a felling ticket.
How to cut down a tree by law and without a fine
You want to remove a tree from your property, or a sprawling shrub in front of your apartment building is blocking the light from reaching the first floor windows? You want to do everything according to the law, but don’t know where to start? This article will help you.
In light of the world’s increasingly ecological situation, preserving trees and shrubs as natural guardians of the climate and air quality is of national importance. There are many laws, regulations, and countless bills being considered across the country, and they are all aimed at ensuring that every tree should be preserved.
Top of the list of thematic regulations is probably 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 liability for violations in the field of environmental protection. Thus, for failure to comply with some norms, one can not only be penalized financially, but also administratively or criminally. Equally important in the preservation of the ecological heritage is the Forest Code of 04.12.2006 N 200-FZ. Chapter 13 of the law also establishes liability for illegal use of forests and damage to green spaces. The person who caused the harm by his actions is obliged to compensate for it. details about methods and rates to calculate damage can be found in Decree of the Government of RK dated 08.06.2006 00-FZ.05.2007 N 273 On Calculation of the Amount of Damage Caused to Forests as a Result of Violations of Forest Legislation.
No matter how important the preservation of nature and, in particular, of trees and shrubs is for the country, however, there are situations when it is simply impossible to do without removing a particular plant. This includes building new homes and utilities in cities, laying power lines in forests, removing dry and potentially dangerous trees, and more. There are other examples of the use of woody vegetation: fuel and industrial wood. Let’s consider how these types of work must be executed in each case.
How to obtain a permit to cut down trees (a felling permit) on your plot of land for residential development
Here’s how to obtain a permit to cut down trees (a felling permit) on your land for residential purposes.Giving permission for cutting trees (felling permits) on a residential area is a municipal service, and in every region it has its own name (permission for demolition of trees and bushes, permission to cut trees and bushes, sorting permits, etc.).д.) because it is regulated by local laws and regulations.As a rule, the department of environment and nature management of the municipality is responsible for providing this service (again, this varies from region to region).
You can apply for a permit to cut down trees by going to the municipality, or through the MFC, which in turn will forward your application to the direct executor. True, we do not want to reassure you, because practice shows that often the administration refuses to provide such services in the form of a dry formulation: not our area of responsibility. And everything here is quite logical, you see for yourself: the administration will issue a permit for cutting, you will use it, and the feds are here with the documents 30 years ago that the trees that their. No one simply does not want to take on such a responsibility.
Do i need a permit to cut down a tree on my property?
Then a reasonable question arises: can we apply directly to the foresters with a statement?? But here, too, not everything is simple: as a rule, forestry officials do not want to investigate and check their materials with materials from other agencies, they see that the land is not theirs, and the IP and refuse the format of the treatment is not the address.As usual, we get a vicious circle, but do not despair: we recommend to get a waiver from the municipality and the feds, that the trees on your property do not fall under their jurisdiction and feel free to make cuttings. Despite the fact that collecting documents in such a case will take much longer, you will be protected in case of questions from the competent authorities, and about the responsibility for cutting down trees without proper permits we remember.
Can I cut down a tree on my own land plot?
You can find out about the current changes in CS: GO by becoming a participant in the program developed together with Sberbank-AST JSC. Trainees who have successfully completed the program will be issued certificates of the established form.
The program is developed together with JSC “Sberbank-AST”. Established certificates are issued to the trainees having successfully mastered the program.
Owners of a MFB (apartment building) wish to trim the trees located on the land plot that is demarcated for this MFB. Have the cadastral number of the plot. Does the management organization by the decision of the owners have the right to independently make a hard pruning, or is it necessary to obtain a logging ticket from the city administration for this?
Having considered the issue, we have come to the following conclusion: The pruning of trees located on the land plot, referred to an apartment building, requires the execution of a felling ticket.
Rationale for the conclusion: According to subpara. 2, 3 Art. 261 of the Civil Code, unless otherwise provided by law, the right of ownership of a land plot applies to the surface (soil) layer and water bodies located within the boundaries of the plot, as well as to the plants located thereon. The owner of a land plot has the right to use, at his/her discretion, whatever is above and below the surface of the land plot, unless otherwise provided for by the laws on subsoil, on the use of the air space, by other laws, and does not violate the rights of other persons. Thus, trees located on land plots owned by owners of premises in apartment buildings (par. 4 ч. 1 Art. 36 HCC ), are also in common ownership. Nevertheless, according to item 1 of Art. “e” clause. Clause 1 of Art. The environmental legislation consists of federal laws and other legal acts of the Russian Federation, laws and other legal acts of the federal subjects (clause 1 of Article 12 of the Russian Constitution), laws and other legal acts of the. Clause 1 of Article. 2 of the Federal Law dated January 10, 2002. N 7-FZ “On environmental protection”). Thus, the protection of green spaces on the territory of the Kalina region is regulated by the Law of the Kalina region of 21.12.2006 N 100 On the protection of green spaces (hereinafter. Law N 100), which is valid for relations in the field of protection of green spaces located in urban and rural settlements in the Kalina region. In ch. 2 of the preamble to the Law N 100 states that it does not apply to legal relations in the sphere of use, protection, maintenance and reproduction of green spaces located on agricultural land, green spaces in forest green belts, green spaces on land plots in federal ownership, green spaces on land plots designated for individual households, personal gardening on homestead land plots. Since the land in question is not among these exceptions, the Law N 100 is fully applicable to it. In accordance with Part. 2 Art. 4 of the Law N 100, felling (demolition), pruning and/or replanting of green spaces shall be performed under the permit for felling (demolition), pruning and/or replanting of green spaces issued by the local self-government authorities in accordance with their established procedure. Herewith Art. 5-1 of Act No. 100 provides for a compensatory fee for future felling. Part 2 of the above article states that the compensation value is calculated by the local government body authorized to issue permits for cutting (demolition), pruning and/or replanting of green spaces, and is charged in all cases of damage or destruction of green spaces(1). Please, pay attention that the unauthorized cutting down (destruction) of the green spaces is subject to administrative liability in the form of a fine (Art. 7 of the Law #100, Art. 73.1 Kalina Regional Law of 12.05.2008 N 244 “The Code of administrative violations”). In view of the above, on the eve of tree felling on land plots belonging to owners of premises in apartment buildings, the latter (represented by the management organization (Art. 5 of Art. 6 of the Land Code of Ukraine) were obligated to cut down trees on the plots of land plots belonging to owners of premises in apartment buildings. Members of the joint property management company (by agreement of all members of the joint property management company) or by one of the owners by decision of the general meeting (part 1 of art. 162 HCC). 3 Art. 164 JK )) is the obligation to obtain a logging ticket(2). The fact that trees are in joint ownership of the owners of premises in multi-apartment buildings shall be of importance with respect to the management of such property. Pursuant to clause 3 of Article 13 of the Law of the Russian Federation on Housing and Communal Services, the following obligations shall apply. 1 Art. 246 of the Civil Code, disposal of jointly owned property is subject to agreement between all participants. Since the removal of trees is obviously related to the disposal of trees, the decision to cut them must be taken at a general meeting of the owners of the premises. As examples of judicial practice on this issue we can give the following judicial acts: Decision of Kalina Region Arbitration Court dated 10.02.2021 in case N A21-11082/2020, decision of Svetlogorsk city court of Kalina region from 24.03.2017 in case N 2-135/2017.
Answer was prepared by: Expert of the service of legal consulting GARANT Artemyeva Elena
The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting Service.
When cutting trees on private land plots is allowed
Forest resources are allowed to be cut if there are no restrictions in the cadastral documentation, as well as in such cases:
- If the land is allocated for individual residential construction (IHB).
- If the land is intended for dacha or horticultural activity.
- If the land is designated as farmland. Trees forming a shelterbelt are an exception.
- In the case of spontaneous fall of trees.
Study not only the federal legal framework, but also the regional one. Regulations often supplement the basic laws, so it is better to ask the local administration in advance whether it is possible to legally cut down trees in a particular area.
There are two fundamentally different situations regarding cutting down plantations. The decision to cut them down is differentiated by the ownership of the land the plant grows on:
- If you need to remove a tree on your own plot (dacha, for example), no permission is required. The owner of the allotment is free to decide on the number of plantings on his territory;
- The rule also applies to municipal (state) land. The owner must make the decision about how many trees to cut down. And this requires citizens to communicate with such.
What punishment awaits the violators
Illegal cutting of trees is considered an administrative offense. Liability is established according to articles 8.25-8.28 Russian Federation Code of Administrative Offences.
In some cases, the case is dealt with under CC Section 260, and cutting down a tree of solid age is considered a criminal offense. Penalties are imposed not only for unauthorized logging, but also for non-compliance with procedural norms and the lack of a license for this activity.
The monetary fine ranges from 5,000 to 500,000. Also provides for imprisonment. up to 7 years in prison for a particularly serious crime. Fines for administrative violations range from 100 to 10,000.
In northern latitudes, the penalty is, as a rule, more severe than in southern latitudes, because it is much more difficult and time-consuming to grow a tree in those parts.
Cutting down and crowning of trees on the property. What you can cut and what you can’t? On the Nedvio website
Most people mistakenly believe that once the trees grow on their own property. and then dispose of them at their discretion. This opinion is true only in relation to fruit trees and shrubs on the territory of dacha settlements.
If the fruit tree is dead or has been infested with vermin and thus endangers other greenery, you may cut it down without a permit. But if it is a maple, linden, oak, spruce or other perennial tree growing on your land. you will have to apply for special permits to cut it down.
Even if these trees were personally planted by the plot owner.
To cut down a tree on your property
Can I cut down a tree (pine tree) on my garden plot which I own??
I want to cut down a tree on my property. Is it possible to do it without the permission of the city administration?
Can I cut down a pine tree on my garden plot without permission?? The site is located 70 meters from the forest, the tree was planted by the last owner of the site, the Krasnodar Territory.
We want to cut down a tree on our property, which is located in close proximity to the mowing line of electric power transmission line of 220 V and the gas pipeline of low pressure. What is the procedure for obtaining permission??
Please have I the right to cut down an old poplar tree on my plot. The thing is our administration says I have no right to remove the tree even if it is on my land. And in what law is this described. Thank you.
I bought a plot of land, in the middle of it are about 20 5-6 meter pines. We want to cut it down, to cut it down. Do I need to go somewhere for permission or can I cut down a tree on my land without a permit?? The site belongs to the “Land of settlements”. At the same time it is in the Zone of Sanitary Protection of Water Supply Sources and Drinking Water Pipelines. And if you can answer with a reference to the law.
I bought a plot of land on the Black Sea shore (Tuapse region, Krasnodar Territory)
Accordingly, there is a certificate and cadastral passport for this plot. In the cadastral passport
It says: Category: land of inhabited areas; permitted use: for personal subsidiary farming;
No encumbrances. I want to build on this property. Went to the local administration that would agree about the removal of the coordinates of the site inature (to put 4 pegs)
The fact that the site is almost all overgrown with different trees (about 20 large trees) and that to cut them all and not accidentally touch those that are outside the boundary of the site, and I decided to remove the point of the site inature.
And I was told in the administration, if you cut down at least one tree without permission. You’ll get a serious fine and headaches right away.
Now they want me to get a felling permit to cut down trees on my own property.
To my arguments that this is private property and I can do what I want on my land, I was told. You can’t cut trees here on the shore without a felling permit!
Accordingly, now I do not know what to do. all the planned work has become.
Tell me whether their actions are legitimate? And if not, what I can refer to? And can I safely cut down and uproot all the trees on my property??
Mom’s neighbor at the cottage said she is hampered by the two trees that grow on my mother’s property, allegedly they block the light. Mom let them cut down, but only two trees. And then my mother becomes a witness (the neighbors did not see her) as a neighbor talks to an unfamiliar man about cutting down 4 trees on my mother’s property. Can my mom absolutely refuse to cut down the trees and how to motivate it. She is afraid that one day coming to the cottage will not find these 4 trees on his property. Mom lives in the Republic of Karelia. Thank you very much!
She owns a plot of land in the village. The purpose of the land on the certificate of ownership: land of settlements. for gardening. There are no restrictions or encumbrances. A garden plot in Novosibirsk, in the city limits, in a forest. There are several pines on the plot, which I want to cut down, because some of them are already dry, and others are just dangerous, they regularly fall down in the wind and break something when they fall down. Decided to remove all the pines from the property. On the Rosleskhoz website in the “Feedback” section. “Answers to Questions Asked” has information from 19.04.2018 г. Clarification of the issue of the possibility of cutting down an emergency tree on the land owned by you. This clarification reads as follows: The legislation of the Russian Federation on green spaces may not establish a permissive procedure for felling plantings on privately owned land plots. Such procedure may be established only in relation to green spaces located on state or municipal land plots. Taking into consideration the above said, any actions with respect to a tree growing on the land plot owned by the right of ownership are allowed. Question to lawyers. Can I, in light of the clarifications of the Federal Forestry Agency without fear of anyone or anything, cut down pines on my land??
We live in a private house. And our neighbor is a lady about 90 years old. She grows walnuts on her plot of land. All leaves are on our side, so nothing can grow. We would have already put up with it, if not for the last incident. There’s been a big storm recently. And her trees were growing right on our house, where a little child sleeps. Can we demand that these trees be cut down?? Grandma categorially refuses, because she needs shade. If her tree falls on our house, can we claim compensation from her??
I (from Kaluga) asked a question: Please tell me if I cut down an oak tree on my personal garden plot, is it a criminal offense?? You could be fined? And what other trees can’t be sawed on her property?
The lawyer (private practice) Kugeiko Angela Sergeevna, Kaluga. Ufa Answer the lawyer Kugeiko Angela Sergeevna [in Russian]
On your own plot, you can saw what you want.
Then explain this to me please. I pressed KP 40 Kaluga.
The citizen of Kaluga paid almost 70 thousand rubles for the oak tree cut down on his property
A Kaluga resident paid almost 70 thousand rubles for the oak tree he cut down on his property.
To cut down oaks, even if they are located on the land you own, threatens criminal proceedings. This was what the citizen of Kaluga was convinced in, who was sentenced to the penalty for such action. He was found guilty in the article “Illegal cutting of trees on a considerable scale”.
He cut down a tree with an electric saw without proper authorization, thus causing over 33 thousand dollars in damage, according to the Kaluga prosecutor’s office.
The man pleaded guilty, repented and repaid the damage. The court sentenced him to pay 35 thousand rubles fine.
Such a question. My grandmother (78 years old) and grandfather (84 years old) plant a row of carrots and a row of onions on a patch of land by the house (it’s clear that in this age it’s just a habit developed over the years).д. Plot is surrounded by a fence, but no documents for it. Neighbors (I can not say whether there are documents or not) on their property do not mistress for many years. There were plum trees growing on their side (almost on the border) about 15 years ago. There was no answer to my requests to cut them down. And so our old people (t.к. falling shadow on their property, it is almost a tree in height) have cut down the tree. (Not by themselves, of course, but asked a young relative.) On what neighbors have appealed to the police and compensation of 30 thousand rubles. We live in another town. We tried to do it through social networks. We tried to negotiate with the landlady to withdraw the complaint. It seems that she has promised to take away. BUT they brought a summons to court on March 26. The pressure of our elderly couple of weeks now is unbelievable. We go out to them. Please advise us how to stand up for them. We understand that they should not have trespassed on someone else’s property, but what’s done is done. Now we have to solve everything somehow. Thanks in advance.
Our house and lot (Permanent Residence) are in a village in New Moscow. On one side, along the site a small stream, quite overgrown with trees, which runs into a small river literally a dozen meters. In due time, when the land was transferred to the category of Moscow, there were specialists who came to inspect all the trees and they warned us not to cut down those trees under any circumstances. otherwise there’s a big fine. The creek has been cleaned up, all old trees removed, a park area made. According to the project, there was also supposed to be a walkway along the creek, but it was not built in time that fall (when the park area was being built). Now the creek is overgrown with brush, the water washes down the roots of large trees, and some dangerously inclined Last year one such (at least not very large) tree fell on our property. When I applied to the authorities about this and other trees we were first allowed to cut down the part hanging over the fence above the plot. And then, when we reapplied to the deputy with the question, we were told that it was our own problem. administration about clearing the creek from hazardous trees. They said it was our problem, that we had to take care of it ourselves. How right is this specialist in the administration? Can we (and should we) cut these trees ourselves. without penalty or this answer. it is the incompetence of the administration and the unwillingness to perform their duties?