Is it possible to cut a tree on a plot

Laws Governing Cutting

Felling of trees is regulated by the Ground Law. It is a collection of laws that spell out all the things you can (or cannot) do with our country’s land resources. Illegal felling is classified not only as an administrative offense, but also as a criminal.

If there is a dispute between neighbors, where it is not clear on whose property the tree to be cut down is growing, it is worth surveying the land, if this has not already been done before. Then the law will show exactly who owns the disputed land and who has the right to cut down the tree.

Therefore, cutting down trees on one’s own property is not such an unambiguous activity. You must visit your local municipal government (village council, city hall, etc.) before you fell trees. д.), under whose auspices the particular land plot is located, and to consult on the issue, since permission may have to be obtained for cutting.

How to cut down a tree on your garden plot by law

In order to cut down a tree on one’s land plot (whether in a SNT or ONT) without breaking the law in most cases (there are some exceptions, see below) one needs to get a permit from the. In most cases (there are some exceptions, see below), you need a permit for cutting down trees from the local authorities of the municipality, called a “cutting permit”.

But why? Can’t the owner dispose at his discretion of the property located on his plot, including trees??

Fruit trees and shrubs in your garden plot can generally be cut without prior permission

What the law says about authority to cut trees

Let’s take a look. According to item 3 of article 261 and item 3 of article 209 of the Civil code of the Russian Federation possession, use and disposal of land and other natural resources insofar as their turnover is supposed by the law (article 129), is carried out by their owner freely if it does not cause damage to environment and does not break the rights and legitimate interests of other persons. And this means that unauthorized cutting down trees on your property is considered by local authorities to be environmental damage.

Thus, the right to dispose of property belonging to the right of ownership (including trees) is not absolute and is made dependent on the task of preserving nature and the environment, as well as ensuring the constitutional rights of citizens to a favorable environment, the maintenance of environmental quality favorable to human health and the functioning of ecological systems. Which banally means that certain kinds of trees (except for fruit trees and bushes) cannot be cut down without permission on your land, even if you used to plant them yourself, since, according to the legislator, it causes a certain damage to nature.

According to Clause 16 of the Federal Law of 10.01.2002 N 7-FZ “About environmental protection”, any negative impact on the environment is paid. For non-compliance with some rules (including logging), you can get not only a fine or claim for damages, but also fall under administrative or criminal penalty (Chapter 16 of this Act). Don’t be alarmed right away, but there are not only large administrative fines, but also criminal penalties for large amounts of illegal tree felling. Of course, no one is criminally liable for one or two cut down trees on their property.

It seems to be clear with this. But why do local governments give out permits for felling?? Here’s what the law says about it.

Who issues the chopping permit?

Firstly, according to the norms of federal legislation, relations between the executive authorities, legal entities and citizens regarding the conservation and restoration of green spaces can be regulated by the laws of the subjects of the Russian Federation, subject to the authority of local governments.

Secondly, according to the Federal law from October 6, 2003 N 131-ФЗ About the general principles of the organization of local government in the Russian Federation, the organization of an accomplishment and landscaping of territories of settlements, use, protection, conservation, reproduction of urban forests, located within the borders of settlements and within the borders of municipalities, is assigned to the local value (item 19 parts 1 articles 14) (item 25 parts 1 articles 16).

As for the issuance of logging permits, being an integral part of the process of organizing the improvement and landscaping of territories, it belongs to the authority of local government bodies on issues of local significance.

Cutting down trees, including dead and damaged trees in city and town green spaces is regulated by local rules on maintenance, protection and use of such spaces (improvement rules or the Regulation on cutting down green spaces).

Most local beautification rules (or rules about cutting down green spaces) in the municipality where your property is located usually allow you to cut down bushes (such as lilacs) and fruit trees (such as apple trees, cherry trees, etc.) that you planted yourself.п.). But cutting other tree species (such as birches, poplars, oaks, lindens, maples, aspens, willows, etc.) is not allowed.п.) permission (a felling ticket) is required from the local government, or sometimes from the board of a SNT (a horticultural non-commercial partnership) or ONT (a horticultural non-commercial partnership).

So you can find out if you can cut down trees in your area without a permit (felling permits) by asking the local authorities in your municipality (city district, etc.).п.The Land Code of Ukraine), as well as in the management board of your cooperative society (ONT) with the corresponding rules of improvement or rules of cutting down trees and shrubs.

The law states that environmental protection is managed by local governments in accordance with federal law 131-FZ, other federal laws and other normative legal acts of the Russian Federation, laws and other normative legal acts of the subjects of the Russian Federation, charters of municipalities, and normative legal acts of local governments.

Local governments are responsible for ensuring a favorable environment and environmental safety in their respective territories (paragraph six of Article 3 of the above federal law).

As we have already found out, the issues of local significance for municipalities include the approval of rules for the improvement of the territory of a settlement or city, control over their observance, and the organization of the improvement of.

Many people believe that a landowner’s rights to unquestioningly dispose of a land plot (including the cutting down of trees) are clearly spelled out in the Land Code. However, this is not entirely true. It should be noted that the norms of the Land Code do not regulate the use of lands in accordance to their intended purpose, the definition of their legal regime, the choice of type of permitted use, and the determination thereof.

At the same time, by virtue of Article 3 of the Land Code of the Russian Federation, land legislation regulates relations on the use and protection of land in the Russian Federation, while environmental protection relations are regulated by legislation on environmental protection (and not by the Land Code, with one exception, but about that below), special federal laws, and to land relations the norms of the specified branch of legislation apply, if these relations are not regulated by land legislation.

By the way the proprietary relations concerning the possession, use and disposal of land plots, as well as transactions with them are governed by civil law, unless otherwise provided, in particular, by legislation on environmental protection and special federal laws.

According to the legal position of the Constitutional Court of the Russian Federation stated in the decision No 1261-O-O dated September 30, 2010, issuing felling permits as part of the process of organizing landscaping and planting of greenery on territories is within the authority of local authorities on issues of local importance.

A logging ticket is a special permit issued in accordance with the established procedure on a special form, on the basis of which trees and shrubs may be cut down. In different regions, the procedure for obtaining a felling ticket differs, since it is regulated by local regulations.

When it is possible to cut down a tree without a permit

As mentioned above, as a rule, most of the local landscaping rules (landscaping) and the statutes of SNT (ONT) allow the independent cutting down of fruit trees and shrubs by the owner (or tenant with the consent of the owner) of the plot. But there is another loophole in the law, which you can carefully take advantage of if you want.

Fruit-trees can be cut without a felling permit, especially if they are dead or have parasites

According to clause. 3 ч. 1 clause 3 of Art. 40 of the Land Code, the owner of a land plot shall have the right to carry out, in accordance with the permitted use of the land plot, irrigation, drainage, agroforestry, cultural and other ameliorative works, construction of ponds (including those formed by water retaining structures on watercourses) and other water objects in accordance with the environmental, construction, sanitary and other special requirements established by law.

If the growing tree disturbs your crops, and your land plot, according to the extract from the Unified State Register of Real Estate, belongs to the agricultural purpose land and the permitted use involves agricultural work, then you have the right to cut down the tree disturbs you to grow crops, because such work on cutting will not mean illegal cutting, and only the clearing of land from shrubbery and wood vegetation, which is quite relevant to cultural works and does not require.

Therefore, in our opinion, you have the right to cut down or cut down a tree in the given cases, without asking the board of your gardening or vegetable garden association or the local administration for permission, if you believe that the cutting of a tree you are planning falls under the category of cultural and technical work. Accordingly, you will not have to pay for obtaining a felling permit either.

However, it is still better, as noted above, first get acquainted with the rules of the improvement of your municipality and the rules of your SNT, to avoid unnecessary conflicts with local authorities.

Obtaining a logging permit as an example of the city of Moscow. Moscow

The procedure for obtaining a cutting permit varies from region to region and from municipality to municipality. For example, in Moscow in. In Moscow, the procedure for cutting down trees, as well as the forms of tickets for cutting down trees are established by the regulatory legal acts of Moscow. Moscow (clause 3.5 of article 5.2 of the Moscow City Code). 3 Laws d. Moscow of 05.05.1999 N 17).

In Moscow, trees and shrubs are cut down only on the basis of a special permit (felling ticket) issued on a letterhead with a degree of protection in accordance with the procedure established by the Moscow City Government (Art. 3 of the Law of the city of Moscow. Moscow from 05.05.1999 N 17 On Protection of Green Areas).

Issue of permits for cutting down trees is included in the List of standard state and municipal services provided by the executive bodies of state authorities of subjects, state institutions of subjects and municipal institutions, as well as local authorities, approved by the Government Decree of 18.09.2019 N 2113-r (p. 197).

On the basis of p. 8.1.1 Rules of Creation, Maintenance and Protection of Green Plantations and Natural Communities of the City of Moscow, approved by. Decree of the Government of Moscow of 10.09.The Main Contractor of the City of St.-Petersburg (with the exception of emergency and other emergency situations, including underground utility lines and permanent engineering structures) shall issue felling notices to the public.

According to the item. п. 2.4.1.1, 2.5.1 Administrative Regulations on the provision of the public service “Issue of the ticket for sanitary cutting and reconstruction of green spaces and closing of the ticket for cutting in the city of Moscow”, approved by the Ministry of Finance of the Russian Federation. The Decree of the Government of Moscow of 26.05.2016 N 290-PP (hereinafter referred to as the “Regulation on obtaining a logging ticket”), the rightholders of a land plot (balance holders of the territory) (legal entities and individuals, including those registered as individual entrepreneurs) may act as applicants for the state service.

To obtain a logging ticket in the city of Moscow. The following documents must be submitted to Moscow:

• request (application) for the state service rendering.
• A document proving the identity of the applicant;
• Documents confirming the existence of property rights to the land plot or a document confirming the right to use the land plot;
• a list of the green spaces to be cut down and/or pruned, signed and stamped by the landowner, in the form prescribed by Decree of the Government of Moscow of 04.10.2005 N 770-PP On the Methodological Recommendations for the compilation of dendrological plans and inventories;
• a site plan showing the exact location of the green spaces to be cut down and subject to pruning (trees and shrubs), signed and stamped by the owner of the territory, on a scale of M 1:500;
• a site plan at a scale of M 1:500 with an exact indication of the planting locations of trees and shrubs with an assortment list of planted greenery (if the planting of trees and shrubs instead of the cut down is provided);
• document confirming the consent of the right holder of the land plot to perform works in case there are two or more right holders of the land plot
• According to clause. 2.7.1.1 of the Regulations on obtaining a felling permit, the total term for issuing a permit for felling shall not exceed 28 working days.On the basis of Clause 2 of the Regulation on Obtaining a Temporary Deed of Adjuration. п. 2.11.1.1, 2.11.2.1, 2.11.2.2 of the Regulation on obtaining a felling ticket, the result of the public service (if there are no grounds for refusal to provide it) is a felling ticket for sanitary cutting and reconstruction of green spaces, which is issued to the applicant (the applicant’s representative) personally in the form of a document on paper regardless of the form of application.The provision of the state service is free of charge (p. 2.12 of the Regulation on obtaining a felling ticket).

Can a tree be cut down in the yard of an apartment building without a permit

If in the yard or in the window of your apartment there is a withered or disturbing tree (for example, it can block the sunlight), just cut it down on their own or hiring some workers can not. There is a fine for unauthorized cutting of trees in the yard of a residential apartment building. In addition, if you cut down the tree yourself, it can fall on someone’s car or a random passerby, then the responsibility will be much tougher.

In order to have a tree that is in the way legally cut down (free of charge), you must apply in writing to your housing management company (HMO) or to the homeowners’ association or housing cooperative serving your apartment building.

In a written application to the head of this organization must specify the need to remove the tree: it obscures the sunlight, which contributes to the dampness in the apartment, or the tree is closer than 5 meters from the house wall (which is not allowed according to the SNIP), or if the tree is an emergency (eg after a storm) and can fall down.

If the management company agrees with your application, it applies to the local administration, where it will issue a permit to cut down, which will specify the number of trees to be cut down, their type and size of trunk, the height, the reasons for cutting.

If your maintenance organization refuses to comply with your request to cut down a tree, write to the local administration addressed to the Head or the Head of the city.

Thus, the cutting of trees on one’s property is regulated by local city and town regulations. In some cases, such as the cutting of shrubs and fruit trees, a cutting permit is not required. It is always best to consult your local beautification regulations in advance, which follow the cutting of trees and other greenery by landowners and in common areas (e.g., agricultural holdings).

If you do not need a cutting permit in your specific case, you will receive a written answer to your local authorities after you have contacted them, and if you complain about this, it will be forwarded to you. You can also call your neighbors or the neighborhood policeman, for example, to confirm that you are eligible to cut down trees on your property.

If you need a cutting ticket, your local administration will give you a list of documents to gather in order to apply for a permit. As a rule, the issuance of a felling ticket is a paid service, but not in all cities and towns, so check the issue of payment on the spot, in the administration of the settlement at the location of your site.

How to properly cut down a tree on a plot? On the Nedvio website

If you have trees on your property, that’s great. Tree hedges can serve as an excellent decoration and a natural fence against prying eyes, creating the right shade in the garden.

But sometimes there are too many of these trees, preventing us from enjoying the sun’s rays and blocking the sun from reaching our shrubs. The roots of large trees interfere with the growth of seedbeds, uprooting crops. Often old trees just ugly landscape, not to mention the fact that the tree branches can grow in very awkward places. for example, near the house, disfiguring the roof or its facade finish.

One way or another, some trees have to be cut down, especially if they are large and bulky. Keep in mind that if the tree is growing on your property, then you are the owner, but if it has grown on a common area, then to cut down the agreement and consent of the neighbors. Of course, it is worth soberly weighing and evaluating everything to make a decision about disposing of the tree. But if it is accepted, then the question arises. how to get rid of the tree on the dacha?

Felling with a free fall

The method that allows you to cut the tree in parts and throw them down. It is chosen when a tall and thick tree cannot be freely felled, but there is free space under it for dumping the cut fragments.

• An arborist on gaffes (“claws” put on the legs, with which the climber digs into the tree) and a reach climbs the tree, “on the way” sawing off all the large parts of branches up to the top, if conditions allow. It can also “hang up” and put down.
• Before sawing off the top of the tree, the climber ties a rope to the top of the tree and drops it to his partner.
• He pulls the rope to the side of the fall by force of arms or a pulley.
• The climber cuts the top and finally drops it.
• When you go down, all branches and the trunk itself are cut down.
• When the arborist reaches the height of 2-2.5 m, the workers clean the free space at the bottom of the trunk.
• The technician descends and cuts the remainder of the trunk into plates of the desired length.

The specialist works in the tree with two belaying straps. After working on one level, he fixes the second belay on a higher level. Only then removes the mount from the lower tier. During the descent, the trunk is processed and cut off an average of 2 m per tier. Leave the stump not more than a third of the height of the diameter, if working according to the regulations of the Kursk region.

It is possible to work with a hydraulic hoist. Actions are carried out in the same sequence, with the obligatory insurance. If you cut down a tree that is big and heavy enough, the ground below can be badly shattered.

Regulation

The validity of the documents applies to all cases of illegal felling or cutting down trees, that is, made without obtaining permits from the city administration, and it turns out that the fine is not for the process or action itself, but for the lack of special permission. over, Article 61 of the Criminal Code provides for fines, even if the tree is not cut down, but damaged in any way, resulting in its stopping the growth.

What the severity of the penalty will depend on?

Note that Art. 28 of the CAO will be valid only in the case when the properties of the plant should be taken into account, such as:

Note that the species will affect the unit price of the finished wood, and by the age of the tree will know the extent to which it has reached the desired condition, and therefore the younger the plant, the lower will be the unit price.

The diameter and height of the tree are used to determine the volume, because the unit value will be calculated in rubles for each cubic meter. The unit price is set every year, but there may be more frequent recalculations in the event of a sharp jump in such a parameter in the world market. The same parameters, including the unit price, even apply when calculating costs in order to obtain permits for felling/timbering.

How the amount of damage is calculated?

What exactly will be the amount of the fine, it depends on the damage to natural resources. St. 28 of the CAO will apply to situations with minor natural damage, that is, if. it is insignificant. If. the damage is considered tangible and falls under the first part of Art. 60 CC If the damage is between 50,000 and 150,000, it will be considered major, and therefore it will be subject to the second part of Art. 60 of the Criminal Code This also applies in the case, if the great damage will be caused as part of a group or by using the official position of an employee. If the damage exceeds 150,000, it is recognized as especially large, and if it is done by prior conspiracy, the third part of Art. 60 CC This gradation of degrees of damage is described in Art. 60 CC

Amounts of fines and other types of punishment?

• Amount of harm done.
• Amount of penalties without aggravating circumstances.
• Aggravated penalty and full description.
• Other punishments that do not involve deprivation of liberty.
• Arrest.

Is it allowed to cut down trees on one’s own land plot for residential area and how to get a felling permit?

Many people are aware that under the Civil Code, the owner of a land plot is fully entitled to use at his or her discretion everything that is above and below the surface of such land, as long as such use does not violate the rights of others. But what to do if the time has come to build a house or banal the presence of trees on your property prevents its use as you want?? Is it correct to be guided only by the principles of the Civil Code in this matter, because the forest is a national treasure and a whole ecosystem, which means that everything is not so simple. Let’s understand, whether it is possible to cut down trees on your own land for residential property and how to get a felling ticket.

How to apply for a permit for cutting down your own land.

Before you start cutting your own land, you must visit the municipality and obtain a permit.

If the neighbors cut down a tree on the plot, which belonged to them, without the knowledge of the authorities, a citizen can complain against them.

Can I Chop Down a Tree Using Only a Tree?

Only the owner of the land can get a permit for felling. If a tree on a neighbor’s property is in the way, you need to resolve the issue with the neighbors.

How much it costs to cut down a tree on a plot depends on the region in which the citizen lives. Permit issuance from the administration is free of charge.

In addition, if the tree is in an emergency condition on municipal land, the local authorities must do the cutting.

What are the main tenets of the law concerning tree removal and where it is recorded?

The tree to be removed must not be a relic or of historical value. So, even if it grows on private property, it is legally the property of participants in individual housing construction (IPC). For this reason, its unauthorized removal may be considered illegal.

The process of removing the plantation from the site must not harm the nature and housing neighbors. For a more detailed review of laws related to felling, see the Forest Code and other publications on similar topics.

Actions to be taken before cutting:

• Priority is to apply to the FMU administration for permission to cut the trees.
• If the answer is affirmative, the liquidation process should be carried out by specialists. This is done to avoid excesses and to comply with safety regulations. This process is a necessity, because it may turn out that you need not only to cut down, but also uproot the tree with the root. Such actions will lead to the disturbance of the soil layer, which in some situations can be considered as damage. Also in the process of cutting down the crown and trunk can accidentally fall and damage neighboring structures. So controlling the situation is imperative.

How to get a permit? If you are the owner

There are some Russian regions, where the owners of private homes, at the municipal level, allowed to dispose of their own all that grows on their plots. This information can be found in the green space maintenance and protection rules of the particular municipality or district.

Even if you know beforehand that this is the case, before cutting down trees you should always check whether any amendments and changes have been made recently to the local legislation. It may happen that the laws have changed, and then the responsibility for illegal felling fully lies on the shoulders of the landowner.

Specialists recommend in any case to apply for an official document, thereby securing yourself. If you do not need one. you will simply be given a waiver (ask for it in writing and keep it). This will protect your right in case of claims from neighbors or regulatory agencies.

Where to get a permit for felling?

If the results of the request turns out that the permission is necessary. you have to collect the necessary documents and apply to the appropriate organization. It can be:

There is no single supervisory service for tree felling as such, they may be different in each area.

According to the law, applications of citizens for a permit for sawing are usually considered within 30 working days, provided that a full package of documents is prepared. It should be clarified in advance on the website or at the reception desk of the controlling organization.

If the documents are not fully assembled, registration and counting will be done from the time when the application will be attached all the necessary papers. In some cases, the application will simply not be accepted. this depends on the work of the relevant agency. If this happens, you should clarify everything once again and make a new request.

Survey certificates and a logging ticket

In order to obtain the necessary permit, just filing an application may not be enough. Often the owner will need to arrange for the necessary surveys. If the service proves to be chargeable. these costs are also borne by the owner.

What is included in the survey? Specialists travel to the site, determine the species of tree and indicate its value, describe the thickness and condition of the plant, after which they draw up the so-called Act of inspection.

Important: The survey act does not entitle you to cut down trees. This act usually calculates the amount of compensation for damage to the ecological system, recommendations for restorative landscaping (for example, instead of one cut down unit, several new ones should be planted). The act also specifies that it will be possible to remove the tree on the plot at the specified address, provided monetary compensation is transferred to the administration of the locality or the environmental organization.

Only a properly executed document is a legal basis for cutting trees: a felling ticket, a logging order, or a permit (may be called different names depending on the region).

There are cases where the owner does not need to pay compensation:

• if the tree is already dead and poses a hazard if it falls;
• If a sprawling tree branches on the roof and electrical wires;
• If a shrub or tree prevents sunlight from entering and obscuring the dwelling.