Penalties
The maximum time limit for notification of the start of work on a logging ticket is 5 days. The information is sent by the ticket holder to the Environmental Control Department of the Department that issued the ticket. The ticket must be and close on time. If these conditions are not met according to Art. 4.22 of the Administrative Offences Code of Moscow, the following fines are imposed: official fines. 30 thousand Euro. 20 thousand for officials and 200 thousand for legal entities respectively. Unauthorized replanting is punishable by a fine under Art. 4.23 Administrative Offences Code of Moscow. 20 thousand and 200 thousand for officials and legal entities respectively.
If the work required by the felling permit was not duly performed, an Environmental Control Department officer of the Department of Natural Resources issues a prescription and draws up a schematic plan indicating the trees to be felled or pruned over the area. The prescription is signed by a control officer and the owner/keeper of the territory who is responsible for its fulfillment.
Keep in mind that if you find violations in the works, the Department can refuse to close the ticket and will take administrative action.
How to cut a Tree down close to a house
Maxim Korovin Arborist. Head of the company SpilKursk.PRO
According to Art. 1064 of the Civil Code, the damage caused to the municipality which has jurisdiction over the green spaces is compensated in full. In addition to fines or other penalties, will have to be reimbursed:
After elimination of the violation, the determination of the closure of the felling ticket is sent to the owner within 10 days from the date of administrative closure. No need to contact the Department in person about the closure. If the work continues after the expiration of the logging ticket or permit. perpetrators are punished.
Illegal cutting of several trees or a valuable specimen may be applied under Art. 167 CC Compensation varies according to the degree of damage. Up to 1,5 mln Under Art. 260 CC provides for fines:
| Minor | Up to 5,000 | – |
| significant | Over 5,000 | Up to 500000 |
| Large | 50000 | Up to 1,5 mln. |
| Extra Large | 150000 | Up to 3 million. |
If a person does it deliberately, using an official position and assistants. the punishment can be tougher.
Why you should not cut down a tree yourself?
Felling or cutting down trees yourself is a dangerous and complicated enough process that requires special skills and special equipment. Even the smallest mistake can lead to property damage or injury.
The higher the tree, the more difficult it is to cut it down. In addition, the following factors may affect this process:
In addition to technical reasons, there are also certain bureaucratic issues that need to be addressed. It is important to properly prepare documents, as well as obtain the appropriate permission to cut or cut down. That is why to avoid possible problems it is worth to address to professionals who already have all required permissions and documents.
The correct way to cut down a tree
To properly cut trees with a chainsaw, you need to:
- choose the side in which the tree is to fall, and the height of the felling;
- cut down the branches (so that the branches do not injure the woodcutter when the tree falls, it is necessary to pre-saw them so that from the height of human height and to the ground the trunk is bare);
- make the top undercut in the trunk (made at a 45° angle to the ground, its depth should be equal to a quarter of the diameter of the trunk, no more);
- make the bottom sawing (made horizontally so that its end connects with the edge of the first sawing, and a triangular wedge-shaped piece is detached from the tree);
- make a third, felling undercut (made on the opposite side from the other two undercuts, performed horizontally, parallel to the bottom undercut, 5 cm above it);
- take the working part of the saw out of the cut and quickly move away to a safe distance from the tree being felled (the lower part of the falling trunk can jump to a height of one to one and a half meters due to inertia).
Sawing off branches
In order to cut a tree properly with a chainsaw you will need to cut down any hindering branches. You will need a stepladder for this. It must be positioned so that it is between the branch to be cut and the trunk of the tree. If the branches are big, before you start cutting, your helper should tie a rope to the branch you want to cut at a distance of 1-1,5 meters from the trunk.
Trimming the crown should be carried out from the bottom up: in this way the branches to be cut will fall down freely.
There is an opinion that preliminarily cutting the lower part of the tree is mostly necessary to keep it properly balanced. For this reason, it is not necessary to saw off branches from the side of the desired fall of the trunk.
How to write an application for cutting down trees near the house: a sample form
It all depends on the species of tree. this is one. If a poplar tree. to recognize it as an emergency is not difficult, and the relevant city programs for their extinction are available. At least. in the Crimea. The second time. consult with the architect. the tree can violate the red line of the street, shade/obstruct natural light, etc. Through them, it is easier to find out whether the tree is taxidermied or not.
If not. in the plan of sanitary cutting which MUST exist. it is not a big problem. It’s a problem if it’s the other way around. Again. all city responsibility. And, as an option, “pass the problem on to his deputy.
Independently, as rightly noted incub [2K] can cut down only on their land. And that’s with a “safety net.”. the author of the question chose this answer as the best Yes, independently to cut down a tree is impossible, the legislation protects trees and there is a penalty for this action.The tenants of the apartment, who are disturbed by the overgrown trees, cannot cut down the plants near the MFB on their own. In order to solve the problem, they need to apply to the authorized body to carry out the cutting. If the tenants have appointed a management company responsible for the apartment building, then this issue should be resolved through it. After all, the adjacent territory belongs to the common property of all tenants of the house and must be kept in order. If there is no management company, the residents can ask for help from the HOA created in their building. The person who wants to cut down trees writes an application to the Managing Company or the HOA. It specifies the full data of the applicant, the essence of the problem, the request to cut down the plant, the grounds for its satisfaction.
How to achieve the removal of the tree and the Moscow region?
Firstly, you need to contact the management company or the HOA with a free-form statement describing the nature of the problem, and pointing out the specific, interfering tree. The answer to the application, written in free form HOA is obliged to give within 10 days. It is important that if the reason is the shading of the room due to the tree, then to the application must be attached a report Rospotrebnadzor, whose employees visited your apartment with special devices and measured the level of light. If the inspection showed that the light in your apartment because of the tree is really not enough, you can add to the application help from the clinic, about your health status and the health of your child, which can speak of nervousness and anemia, which are caused by lack of sunlight.
If the light level is not below the norm according to this report, you are more likely to refuse to remove the tree. But if you believe that the level of illumination is insufficient, you can try to negotiate not the complete removal of the tree, but about cutting out a part of the branches, that is to go to a kind of compromise with the HOA.
In the case if the Managing Company or the HOA did not respond to your application within the specified period, then do not give up and write a statement to a higher authority: the head of the department of housing and communal services, the Department of Housing and utilities and others.
Of course, the above described reason is not the only one, the tree may simply be old, fallen down, or dry. In any case, do not engage in vandalism, as the fines for unauthorized cutting of green spaces in the city are very high, and can reach several tens of thousands. Depending on what “damage” has been done. You can not prove to anyone later that the tree was damaged or dry.
For a diagnosis of the condition of the tree, you can invite our experts. You can hire a professional landscaper, who, unlike state agencies involved in landscaping, will do it in the shortest time possible, and give you a detailed and professional report.
There is no charge for you to come and estimate the amount of work.
Why cut down trees
City residents appreciate green spaces in their yards. There are several main reasons for the need to clear the space:
- Branches are blocking the light in the window or obstructing the view;
- The tree is in a state of disrepair and may fall from a wind or snow gust;
- The plant’s root system interferes with utility lines to a private structure.
Penalties
Any unauthorized felling without a special permit is a violation of the law and faces fines. The fine for unauthorized cutting of trees for individuals and legal entities in 2022 is 3. 4 for individuals, in the case of a crime committed by organizations. 350 000.
If equipment was used, which damaged plantings, the amount of the fine increases to 5 thousand, and equipment and tools are seized.
Violator of Art. 260 The CC expects a fine for cutting down a tree from 50 thousand to 300 thousand. Charges up to half a million for cutting down a large area.
If the responsible person committed the offence by taking advantage of his or her official position, he or she faces a fine of 1 million. Infliction of especially large damage entails the payment of a penalty from 1 to 3 million.
Administrative and criminal penalties
Illegal excavation of forest vegetation and damage threatens an administrative violation under s. 29 Art. 8 of the Administrative Offences Code Unauthorized excavation and sale of timber is also considered a criminal offence.
The scale of the offense is classified into: major, major and especially major. According to each group, a different amount of fine and type of punishment is imposed, which is determined by the court.
The demolition of trees without a permit equates to an environmental crime. All trees, shrubs and vines without exception are considered objects of protection.
According to Article 6.1 of the Law of Ukraine “On trees and shrubs and the like. 60 of the Penal Code, punishment may be imposed not only for destroying part of a forest, but also for damaging the cover of a tree without the possibility of restoring it. Punishment is not mitigated even for cutting down dead wood.
A fine is even imposed for the demolition of a tree on one’s own property if it borders a nature reserve or a zoo. The punishment can be in the form of a fine and community service, and even threatens criminal liability.
Other types of punishment
In addition to financial penalties, other types of penalties can be. The court may impose up to 450 hours of community service, and detention for up to 2 years.
If there has been major damage, community service of up to 3 years, a fine of up to 4 years’ wages, or imprisonment of up to 5 years.
If there has been extensive damage, community service of up to 6 years, a fine of 5 years’ wages, or imprisonment of up to 8 years.
When is the best time to cut down trees
In order to determine the right time on your property when to do the logging or pruning, it is important to pay attention to the following points:
- As soon as the tree has begun to deteriorate. This can occur due to old age, attack by insect pests or disease.
- If it is necessary to rejuvenate fruiting greenery, do it in early spring or early fall, taking into account the technology of care for a particular variety of plant.
- If the crown of the tree is too overgrown and covers the light coming in through the windows, it is better to thin the planting while the plants are in a state of “hibernation” during the winter months. This way the damage will be minimal.
When it is necessary to order the service of cutting down trees on the dacha?
Trees need to be cut down when they are withered. Plants are unstable and are considered unusable. It’s a good idea to cut down unusable trees on a property as soon as possible because they might fall on buildings or tear down electrical wires. Usually they are wild pines or birches several tens of meters high. Always leave the work to professionals.
On the territory of dacha plots often need to remove old fruit trees to make room for planting or construction. You can cut them down yourself if there is no danger of them falling on the building. If they are not, you should call in professionals.
Also the cutting of trees and undergrowth is often a task for forest and woodland owners. In such cases, it is recommended that you contact a comprehensive clearing company. Removal work will include mowing grass, cutting down trees and uprooting stumps, as well as shredding and removing wood debris from the site.