Cut a dangerous tree on a site. Plot is owned, but touch the trees…

Do not chop in a bunny. fines for gardeners for cutting trees in their site

Real story

An unpleasant story happened to a resident of Vladivostok. He cut off an oak on his area with a rotten base, inclined towards the house. According to the owner of the estate, the tree threatened to fall in good wind, hurt the house or cripple someone.

The owner dared to cut off the oak in his site without drawing up “permission to demolish green spaces”. Explained this by the fact that “to decorate quite expensive and for a long time, you need a whole package of docks, in t. h. Fitting top.shooting for the entire site, everything is attached to it up to the raspberry bushes, a large work is large and the price tag is appropriate for a section of 20 cells ”.

After the tree was cut without paperwork, some kind of “kind” person showed vigilance: they drove up to the house, they seized the chainsaw, and then I had to give explanations in the police department.

Now the citizen faces the registration of the protocol under article 8.28 Code of Administrative Offenses “Illegal cabin, damage to forest stands or unauthorized digging in the forests of trees, shrubs, vines”. Or even criminal under article 260 of the Criminal Code “Illegal cutting of forest stands”.

What relates to valuable breeds

In the announced story, the owner of the site to exclude the above situation would be best to get a barrel ticket.

Since the sawn oak refers to valuable wood species. In addition, it was necessary to prepare photos or make a video confirming that the tree really was a danger, and that it had to be cut off. After that, one could contact the Ministry of Emergencies, which is obliged to somehow respond to this.

If we talk about a cutting ticket, then in most cases its design is free of charge. Why is this document needed? The fact is that there is no unequivocal prohibition on the cut of wood on its own site.

Without problems, you can cut down the already fallen trees, in which the roots still cling to the ground, as well as trees of irrelevant species, such as aspen, garden apple trees or pears. But for the cut of trees of valuable breeds, such as oak, beech, ash, cedar, linden, hornbeam, elm, alder black, cashtan sowing, it is still better to get a barrel ticket.

However, for the saw without decoration (for indisputable wood), there are additional restrictions:

  • It is impossible to cut down a lot of wild trees at once without permission. According to the prevailing practice, the word “little” means 2-3 trees.
  • Everything else can be qualified as “a lot”.
  • Trees planted by the owner or his predecessors are allowed to cut down in any quantity.
  • Drilling trees should not be the home of birds and animals listed in the Red Book.
  • It is very desirable to plant a new tree in return for the cut.

Separately, the following should be noted: you can not cut down the trees if they are part of the forest. In accordance with Article 6 of the Forest Code, forests can be located on agricultural lands and other lands.

This is possible if the site owned by a citizen is partially located in the forest area, and on the cadastral map it is noted that the forest is state property and refers to the forest fund.

In these cases, it actually turns out that the land belongs to a person, and the trees are a forest that belongs to the state. Therefore, for a felled tree you can get a significant fine. Such is the situation.

In general, you need to understand the following: the owner of the land has the right to own, use and dispose of his property in such a way that this does not damage the environment. Clause 3 of Article 261 and paragraph 3 of Article 209 of the Civil Code is said about this. Therefore, the owner of the site, when deciding on the sawdown of a tree on his site, must take care, firstly, so that this does not cause damage to the environment. And secondly-so that the relevant norms of the laws are not violated.

Take, and cut down a tree. But is it so simple?

A common situation from life: the owner of the land plot (has the right of ownership of this plot, which was executed in accordance with the law), decided to clean it from the trees growing on it. This site is not connected by any encumbrances, there are no arrests, the subject of the pledge, etc.P. The site is not. The site does not belong in the category of resident, park, protected (water-protective and other.), protected and other similar zones. The site is intended for individual housing construction (IZHS), it has a residential building and, perhaps, other buildings permitted by law. Trees located on the site do not belong to the category of relict, especially valuable rocks.

Is the owner of the site (solely or using the services of third parties) under such circumstances to eliminate all or part of the trees growing on it? Roughly speaking, does he have the right, as the owner of the site and all that is on it, cut these trees?

For an amateur in modern “right” (in t.h. for an ordinary cabinet lawyer) This issue may seem banal and even funny. Well, what, they say, the conversation is the owner of the site, in order to dispose of it and everything that is on it, at its discretion, if this does not contradict the law, in particular, the interests of third parties. Lawyers-scientists (having diplomas on higher legal education, or even authors of publications, dissertations testifying to the high level of their theoretical qualifications), especially, far from practice, can begin scientific reasoning about how it should be in this case in this case.

However, not everything is so simple. The starting point of reasoning in order to answer this question is the fact that the right is valid. And it, this “right”, is quite special and, in places, even original. True, the notorious “originality” looks good only if she did not hurt anyone personally. And the one who affects this originality in practice has, in 99.9% of cases, a completely different opinion. Theory. This is one. But what the practice offers, including judicial, generally speaking. Other. But, let’s try to figure it out.

The need to demolish (cut) of trees may arise for a number of reasons. For example, a tree grew in front of the window of a residential building on the site. While it was small, the owner did not pay attention to him. Children played in his shadow, birds were sitting on the branches, it blew a cool. But now, years have passed. And the trees, like children, grow quickly. You won’t have time to look around-it seems that the child just learned to say “mother”, only learned to recover on the pot But he finished the school and, and look, he himself will be the same as him, to teach to the pot, to teach to say this sweet word “mother”.

So are the trees. Here, it seems, recently there was a tiny trunk, the shoots were barely breaking through the soil. It seems like recently its height was a meter from the force. one and a half. And suddenly. here you are. it already stands huge, powerful, with a diameter of half a meter and even more. Everything would be fine, but the shadow that it created before is now starting to interfere. And then the leaves are poured from the top, then it touches the roof of the house, then the broken branch (or even the branch), rushing down, smashes everything that comes across in its way: the roof of the house, the fence, the beds. Okay, if you are lucky and no one is at that moment nearby. Although, it happens, when it is not lucky. But let’s not about that.

Or the owner of the site planned to make an extension 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, but you have to cut it. How technically this work is technically difficult, we will not discuss again. For who did this at least once, that no Комментарии и мнения владельцев are needed. Well, those who are used to engaging in an empty chatter in life will still not understand (well, that, they say, here is so complicated. think. called the brigade and they will remove this tree). Therefore, we will also not discuss technical points. For there is, perhaps, more significant: the legal aspect, namely, the conflict of powers that arises when the demolition of such a tree.

So, what can an ordinary lawyer say here? Do not bother, they say, st. 209 Civil Code to help you. In it, this article, says: Article 209. Property rights 1. The owner owns the rights of ownership, use and disposal of their property. 2. The owner has the right, at his discretion, to commit any actions that does not contradict the law and other legal acts and do not violate the rights and the interests of others 3 3 3. Possession, use and disposal of land and other natural resources to the extent that their turnover is allowed by law (Article 129), are carried out by their owner freely if this does not harm the environment and does not violate the rights and legitimate interests of others.

T.e. The meaning of this article is obvious: the owner of the land can use his land, as well as natural resources at his discretion in that and only if this does not contradict the law and interests of others.

By virtue of p. 2 tbsp. 261 of the Civil Code, unless otherwise provided by law, the ownership of the land plot extends to the surface (soil) layer and water bodies located on it, the plants located on it.

But the legislation consists not only of one civilian code. There are many other codes, federal laws. And also, there are also regional, local regulatory acts.

There is, for example, the Forest Code (LC). And this is what says there:

Article 16. Law sections of forest stands 1. Through forest stands (trees, shrubs, vines in forests) are the processes of their cutting, cutting, cutting. 2. For wood harvesting, unless otherwise provided by this Code, the implementation of felling is allowed: 3. The procedure for carrying forest stands is determined by the rules of wood harvesting, sanitary safety rules in forests, fire safety rules in forests, and forest care rules.

According to Art. 3 lcs, the Forest Code regulates forest relations. Art. 5 LC is called the “concept of forest”: it is an ecological system and natural resource. We will not dwell on the fact that this article in no way reveals the essence of the concept of “forest”. In fact, say, a lake is also an ecological system and natural resource. However, many who live in, similar “nuances” of legislation are familiar. When, it seems, there is a legal norm, but it reveals absolutely nothing. Because it was invented hastily, according to thoughtlessness. Or, on the contrary, especially so that there is more court hearings, debate and interpretations (including infidels).

Backing trees in their own site

Unauthorized deforestation in the federation of the federation can be equal to an environmental crime, for which both administrative and criminal liability are provided. Therefore, before cutting down a tree in your own site, it is important to understand the norms of the legislation.

The rules for cutting down and sawing trees in regulate the land, civilian and forest codes. In accordance with.2 h.2 tbsp.40 ZK and GL. 17, Art. 261 of the Civil Code, the owner of the Earth has the right to freely dispose of natural resources on his site, if at the same time he does not damage the environment and does not violate the legal rights of other people. In fact, the law has its own nuances that can lead to major fines.

Also in each area or region there may be its own rules for cutting down trees. Local regulations do not contradict federal laws, but may well supplement them. Therefore, gardeners who decide to cut down trees on their own site first need to familiarize themselves with all legislative norms and restrictions, including in their region.

Accounting of SNT

In 2021, in the Kursk region, the owner of the site in SNT arbitrarily cut down a tree that grew immediately behind his fence. As a result, the man had to pay a fine of 70,000 for his actions. And all because summer residents and gardeners do not have the right to cut down trees outside their own site. Even if these plants were once planted by the same person who cut them down.

On its own area, the situation is different. Theoretically, here the gardener has the legal right to cut plants without permission. For example, if a tree suffers from parasites or may fall.

But in fact, the situation very often turns out to be ambiguous. The ability to cut down trees will independently depend on the category of land, as well as the species, age and condition of plants.

Trees related to valuable breeds cannot be chopped even on their own site. At the moment, the list of restrictions includes 50 breeds, including ash, cherry, oak, maple, Siberian larch and others. The full list is contained in the order of the Federal Forestry Agency 13.

Having decided to cut down the tree on its site, the gardener must remember the safety and comfort of the neighbors: after the cut of the branch and the barrel should not harm their site or property.

What first: rolling or trimming

Some trees do not need pruning, and some do not have any otherwise. Especially if the pipes of the gas pipeline or power lines are located near the crown. As we have already said, the main goal of pruning is the balancing of the tree, therefore, from the side where the blockage is planned, it is not necessary to cut off branches.

The height of the tree is no less important. If you cannot clear a section of the desired length under a tree, the barrel needs to be shortened. Naturally, before that you will have to cut all the lower tiers of the branches, sometimes you even have to cut the branches from the blockage side. What to do. sometimes the crown is intertwined very bizarre.

When working in the garden and green spaces, neighboring trees often interfere. If this is not dry, it is not desirable to touch them. It is much better to cut the branches in parts, starting with the most remote from the barrel, to which it turns out safely reaching. Even if small fragments of branches will get stuck in their own or neighboring crown, the assistant will easily pull them down and to the side.

We can definitely say that proceed to the roll only if:

How To Kill a Tree | Hack and Squirt

  • The tree after processing with its appearance definitely makes it clear that it will fall exactly as you need.
  • The height of the tree is 30-50% less than the length of the cleared area, similar to the width of the crown.
  • Nearby there are other trees or stationary objects for which you can fix the removal for the direction of the barrel when falling.

How to cut the barrel correctly

Now you can go to the simplest part of the process and tie the cleaned trunk. Everything is really simple, the main thing is to make a cut right.

From the side, into which the tree is planned to be lit, we perform a chainsaw of a scythe.upside down a third of the trunk diameter at an angle of 60 °, as shown in the figure. Next, from the bottom, we make an incision straight or at an angle of 30 ° so that the wedge is obtained as a result. The tree will fall in the direction perpendicular from the fold line, which received after knocking out the wedge, so it is desirable to make the joint of both tapils as smooth as possible.

On the reverse side, we retreat up from the plane of the lower cut with 2/3 of the diameter of the barrel or a little more. We sawed obliquely and down, directing the incision to the inner corner of the wedge.shaped deforestation. When you get close to the center, you will hear a characteristic crack, and the tree will begin to slow down slowly. The saw must immediately get out of the expanding incision and calmly move away from the tree by five meters.

No need to tie any ropes and pull for them, the barrel will fall on its own. On the contrary, there should not be at all in the direction of people falling. However, do not forget that it is still worthwhile to tie the strain.

Saw a tree. What is better: with your own hands or hire a brigade?

The first thing that comes to mind is to call specially trained people who will not only come and cut the plant, pick out the stump and roots of the tree, but also take them with them so that it does not cause you trouble. But such services can cost quite a lot, especially if your site is far from large villages and gardening.

However, on the saw of trees you can save by doing everything yourself. If the tree is large, then it is best to take a chainsaw or electric saw. it is not necessary to buy a tool at all, it is issued at special rental points. It will reduce for you manual, hard physical labor and save time. But with ordinary, hand saws such.

Safety rules and preparation for the saw

Before starting the cut of the tree, the first thing is to evaluate the safety of oneself and others. Having approximately calculated the height of the tree and the trajectory of its fall, evaluate how close the electric wire passes from this place, the roads, and are there any nearby buildings.

In front of the immediate process, put on a helmet. this headdress will be able to protect you from injuries in unforeseen cases. In addition, it is better to put on gloves, dense shoes that prevent the hit and non.slip shoes. At the same time, it is better to choose a day for cutting a tree in calm, good weather, so that natural forces do not interfere with your work.

These rules of the safe roll of trees should be especially carefully observed if you want to cut down a tall and strong tree, for example, pine. The disposal of such trees, especially if they grow in the immediate vicinity of houses, of course, it is better to entrust the pros.

green architecture concept : a charming house built from living trees

After the evaluative stage, it is necessary to determine the height of the tree, at least approximately, the slope of the tree, if it is. In a radius equal to two height values, everything that can be damaged during a tree is to be removed. After that, it is best to cut down large, lush branches of wood. such can be obtained using the stairs.

Removing green spaces on guarded lands

According to the Federal Law “On Special Protected Natural Territories”, territories are established in which special legislation is applied to the protection of green plantations.

So, on the lands of reserves, it is often not allowed not only damage to vegetation, but also the very presence of outsiders. National parks are more loyal and allow the harvesting of wood by citizens for their own needs. Parks and sanatorium resorts fall under this law, as well as the places for them equated. Liability for violation of the regime of specially protected natural territories provides only for a criminal. It should also be noted that when sentencing, the court may provide a rather large confiscation of property involved in violation of the legislation. In particular, it can be not only tools, but also vehicles.

I would like to add a few words about responsibility. So, chapter 26 of the Criminal Code, namely articles from 260 to 262, provides for criminal sentences for offenses against vegetation. Here are large fines and correctional labor, in some cases, imprisonment is also provided. I would like to note the tightening of liability for violation of the law by a group of persons by prior conspiracy. This amendment is applied most often, t. to. harvesting wood and even a simple saw of wood alone. the event is practically impossible. Administrative punishments are provided for in. eight.28 Administrative Code, but they are used only for minor offenses. When harvesting firewood and wood, construction and simply pruning trees, local legal documents should be clarified that regulate the protection of green stands. Due to the size of our Motherland, the differences in local regulations can reach completely opposite.

What a fine threatens for a cut tree

After acquiring a land plot, it may be necessary to cut the plantations growing on it. But trees are part of the ecosystem and a valuable resource, therefore, according to the law, even the owner does not always have the right to independently decide on their destruction. Plus-on.RU was versed in what cases a fine was written out for a felled tree and how the severity of the offense is evaluated.

Art. eight.28 Code of Administrative Offenses is valid for illegal cutting, damage or digging trees or shrubs in the forests if the damage is no more than 5 thousand. When calculating, the breed of the plant is taken into account, as well as its age, height, the diameter of the barrel, the region of growth. If there is no exact data, the amount of damage is determined by the stumps.

Art. 261 of the Criminal Code applies not only to the wheelhouse, but also to damage to the forest, for example, spraying with harmful chemicals for them.

Art. 260 of the Criminal Code imposes a ban on illegal deforestation. Trees that, according to documents belong to the forest fund, can also grow in agricultural territories. To cut them, you need to get the appropriate permission. The article also applies to forest.park zones and large single trees that are registered as geodetic guidelines and applied to maps: from military to cadastral.

Art. 261 of the Civil Code, the owner of the site can use everything that is on it, at its discretion, if this does not contradict other laws.

Responsibility for trees cut

Of course, a cutting without permission is a fairly common phenomenon, and often a person does not bear any punishment for this. But this does not mean that each offense remains unnoticed. In some regions, the ecological police, which is part of the Ministry of Internal Affairs, has already begun to operate. In addition, vigilant neighbors can be reported about illegal trigger.

Responsibility does not occur for the very fact of the destruction of plantations, but for the lack of permission to cut down. The size of the fine will increase by two to five times if the cabin was carried out in the National Park, Reserve or Reserve. And for cutting a copy from the Red Book, they will need to pay a fine of 10 times.

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Fulfillment for cutting trees in the city

Most of the city plantations grow on the ground protected by the local administration, which spends money on it: cuts dry branches, protects against pests, utilizes in the event of a fall, etc. D. Even the cutting of a small tree, which is the property of the municipality, threatens criminal prosecution of. 167 of the Criminal Code “Intentional destruction or damage to property”. With an unauthorized saw, you will need to compensate for the damage. This is not only a fine for cutting down, but also compensation for the costs of acquiring new seedlings and caring for them.

If the perpetrator does not have the right amount, he may be deprived of his freedom for up to two years. A more strict punishment awaits those who destroyed the tree by arson, explosion or in another way, dangerous to others. Such an offense is punishable by forced labor or imprisonment for up to five years.

If the branches are located close to the windows and close the light to the residents, it is worth raising this issue at the general meeting. Without a meeting of the meeting with signatures of all apartment owners, it is pointless to contact a management company or administration. The exception is emergency trees. They do not require the consent of the owners, the conclusion of the examination is enough.

Fulfillment for the destruction of forest stands

You can only engage in forest cutting only under the control of forestry employees. On plants that can be removed without harm to the ecosystem, the forester puts a special mark. As a rule, these are sick, weakened, dried or broken specimens. But even dryness is still a valuable resource, therefore, for its cutting, you need to get official permission and a dropping ticket. The documents will indicate the exact coordinates of the tree, which can be cut down.

Where to contact on the cutting of trees on the site or under the window

The trees that grow near the house can become both a decoration of the territory and source of inconvenience. they often fully block the windows of the lower floors. If the tree broke during a thunderstorm, there is a more serious threat. For comfort and safety of residents, it may be necessary to cut down unnecessary plantations or cut off the branches of trees. Where to go in this case, I sorted out

Independent deforestation is dangerous, for this we need appropriate skills and special equipment (ax, chainsaw, manual saw, etc. D.). It is unacceptable to use a corner grinder, even if its nozzle is designed for wood. There is a risk that the disk is stuck in the barrel. and the tool will become uncontrollable. Any oversight can lead to a serious injury or destruction of property, for example, if the tree hurts the house when falling.

In addition, the design of the deforestation permit is often required. This applies not only to residents of an apartment building, but also to land owners. As a rule, the owners are allowed to cut off the plantations planted with their own hands. But the severity of the restrictions depends on the region and the situation. For example, if the land plot is at least partially located on the territory of the forest, all the trees growing on it are the property of the forest fund. Then you can cut a tree only if it has broken.

It is also impossible to destroy plant plants, even if they grow on a private territory. Their list is the administration of the region. So, in one village, a tree can be under guard, but in the other there is no. To determine which breed in front of you is valuable or unguarded is not easy. For example, in the list of breeds that cannot be cut in the inclusion of four types of birch: Maksimovich, Radde, Schmidt and Karelian. Not everyone knows how to distinguish them from other trees.

For illegal deforestation, liability occurs under the following articles:

Art. eight.28 Code of Administrative Offenses “Illegal cabin, damage to forest stands or unauthorized digging in the forests of trees, shrubs, vines”.

Art. 260 of the Criminal Code “Illegal cabin of forest stands”.

Art. 261 of the Criminal Code “Destruction or damage to forest stands”.

In order not to become a violator, it is better to entrust the deforestation to specialists. also because there are many nuances in legal documents regarding the cutting, which are difficult to figure out yourself.

How to get a permit for cutting a tree to the owner of the site

The deforestation is issued by the Department of Nature Protection under the City Administration or the Department of Nature Management (considers appeals within 30 days). In some regions, housing and communal services are engaged in this issue. The permit for the wheelhouse can be ordered at the MFC or on the website of the State Services. In the application, it is necessary to indicate the coordinates and parameters of the stands (breed, approximate height, reason for the cutting). It is also required to attach a title document on the site where the tree grows.

It is important to correctly indicate the reason for the cutting. Most often, this is damage or tilt of the barrel, excessive growth of the crown, violation of sanitary and epidemiological norms (the distance between plantations with a crown with a diameter of up to 5 m and the house should be at least 5 m), a dry tree in the yard. The decision will be made after examination or sanitary and epidemiological station.

Sanitary pruning of trees: norms and rules

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Cutting up in the courtyard of apartment buildings

Residents need to submit an application for a saw of a tree to the management company (UK) or the partnership of homeowners (HOA). The appeal can be private (for example, if a tree growing in the courtyard blocks the windows of one owner) or collective. It is necessary to indicate the name and accurate address of the Criminal Code or HOA, name and passport data of the applicant, and then briefly state the request and justify the need for cutting down. The application is compiled in duplicate. One remains with the owner, the second is transmitted to the Criminal Code. Each of them should have a mark that the appeal is accepted.

The management organization must respond to the request within 10 days. Answer options: refusal, departure of a group of workers, issuance of permission for the wheelhouse. An alternative may be proposed. do not cut down plantations, but cut off damaged branches or overgrown crown.

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If the application remains unanswered, you need to contact the administration of the region or the prosecutor’s office. A copy of the application in the Criminal Code should be applied to the appeal. The procedure for accepting applications is approved by the administration of the region. It is most convenient to do this through the MFC, so the document will immediately be sent to the desired office.

You need to urgently cut the emergency tree: where to go

Any tree can suddenly become emergency due to a lightning strike, a gust of wind, unsuccessful pruning, disease or pests. It can also hurt a car or construction equipment that entered the house territory. The age of plantings may be the reason. For example, the average life expectancy of cherries is from 20 to 30 years, and hawthorn. up to 400 years.

At the risk of falling the trunk, you have to resort to urgent cutting. In this case, the question often arises: where to contact in order to cut down an emergency tree? If you cannot delay, you need to immediately call the Ministry of Emergencies or the administration of the region. And in order to cut or cut off the plantations that can damage the power lines, you should contact an organization that supply the house with electricity.

With a threat of life and property, it is worth cutting down a tree near the house without waiting for permission. This applies to cracked and leaning trunks. Before starting the cutting, you need to photograph the tree in order to confirm its accident rate if necessary.

If the tree interferes with the construction of communications

To get a barrel ticket for the construction of new communications, you will need to provide a package of documents, including:

  • technical documentation for the building;
  • conclusion on the degree of wear (if you replace obsolete pipes);
  • Act on the inspection of the terrain;
  • Project for installing new communications.

No matter how strange it may sound, the trees for the commission have more priority than the construction of communications. When considering this request, the commission will take into account any possible options for how to preserve green spaces. And if such solutions are not found, the owner will be issued a cutting ticket.

In addition, permission is usually issued on certain conditions, according to which the contractor, after completion of the work, is obliged to put the territory in order and landscaping it.

Chop it yourself or order a deforestation through the company?

When all permits are obtained, it remains to solve an equally important issue. to do the work on your own or to delegate the problem to professionals?

Of course, in the presence of a chainsaw, it seems simple to cut an unnecessary tree, and most importantly. for free. However, the decision to save can turn into serious damage not only to neighboring buildings, power lines that are in the fall field, but human life and health.

Working with a chainsaw for an unprepared person is a rather common cause of injuries and injuries. In addition, without experience, it is quite difficult to set the barrel the desired direction of the fall, and the larger the tree, the greater the danger.

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In addition, for the saw of some adults, large trees may be needed:

  • special lifting technique;
  • winch and cables;
  • special cutters for uprooting the stump;
  • and even climbing equipment.

Therefore, it is better to weigh all the risks and difficulties associated with this in advance. And if there is an objective need, to trust the company specializing in such works.

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