The legal regulation of the protection of woody plants is dealt with by Act No. 114/1992 Coll., on the protection of nature and landscape, and the Implementing Decree to this Act No. 189/2013 Coll., on the protection of woody plants and permitting their felling, as amended. According to the law, trees growing outside the forest are protected from damage and destruction, and their care is the responsibility of the owners. The law further defines the only permitted way of destroying trees, which is felling, and sets the conditions for it. The Implementing Decree specifies the concepts of damage and destruction of woody plants in more detail and indicates which trees can be felled without a permit. Furthermore, the details of the felling permit application are listed here. The last amendment to this decree came into effect on November 1, 2014, when some conditions for felling trees were changed and the previously disputed definition of a garden, which is now governed by the real estate cadastre, was modified.
Currently, all trees that are not part of a significant landscape element or tree line and have a trunk circumference of less than 80 cm at a height of 130 cm above the ground can be felled without a permit. The owner of fruit trees that grow on land in a built-up area registered in the real estate cadastre, specifically on land type garden, built-up area and courtyard or other land with the use type of green land, does not need to apply for a felling permit.
This category also includes trees in gardening colonies and at recreational facilities.
On the other hand, other trees, i.e. especially mature trees on other types of land and mature non-fruit trees in gardens, can only be felled on the basis of a felling permit issued, as well as continuous shrub growth with an area of more than 40m2. It is necessary to apply for permission to cut down such trees from the nature protection authority, which is a municipal or city office. The administrative act is not charged in any way. The administrative body has 30 days to make a decision.
Period of vegetative dormancy
The exact date of vegetative dormancy of woody plants is not and cannot be determined by law, the decree only says that it is a period of natural attenuation of the physiological and ecological functions of the woody plant. In practice, felling is permitted most often from November 1 to March 31. Each type of tree reaches vegetation at a different time and it is also necessary to take into account weather fluctuations. Bird nests are occupied accordingly. However, the mentioned period is also recommended for the reason that birds, which are also generally protected, do not nest in the branches or hollows of trees at that time. The prohibition of intentionally disturbing birds, especially during breeding and rearing of young and damaging or destroying their nests, is based on an EU directive and is enshrined in the Act on Nature and Landscape Protection.
In cases where a felling permit is required, the application is always submitted by the owner of the land on which the trees grow. In the decision to permit felling, the administrative authority should deal with the questions of assessing the serious reason for felling, it should evaluate the functional and aesthetic significance of trees. In this decision, the nature protection authority can also order the applicant to carry out adequate replacement planting as compensation for the ecological damage caused by cutting down trees (at the same time, it can order the follow-up care of these trees for a necessary period of time, max. for 5 years).
Frequently Asked Questions
Is it possible to cut down a memorial tree without permission?
No, cutting down or otherwise damaging a memorial tree is prohibited by the Act on Nature and Landscape Protection, an exception to this prohibition can be granted by the nature protection authority only in the public interest. This also applies to the solution of a possible emergency state of the tree, which seriously threatens health or safety.
Is it possible to cut trees during the growing season?
Felling down during the growing season is not prohibited, however other interests protected by this law may be affected by cutting down trees, e.g. protection of birds (the law prohibits intentionally damaging or destroying bird nests, disturbing birds especially during breeding and rearing of young) or protection of specially protected species, respectively their habitats.
Administrative procedure in the case of felling a dry tree - the procedure is the same as in the case of a live tree.
The following possibilities may occur:
- A dry tree, due to its condition, clearly and immediately threatens health, life or there is a risk of significant damage - the procedure is in accordance with Section 8, Paragraph 4 of the Act on Nature and Landscape Protection - a felling permit is not required, the person who carries out the felling under these conditions is obliged to notify the nature protection authority within 15 days of the felling being carried out. The details of this notification are set out in the Implementing Decree to the Act on Nature and Landscape Protection (designation of the cadastral territory and parcel, brief description of the location of trees, situational drawing, proof of ownership of the relevant land, specification of trees (species, genus, their number and circumference at a height of 130 cm above the ground), substantiating the notification and documenting the facts that the conditions for this procedure have been met - e.g. photo documentation, etc.).
- Due to its condition, the dry tree does not obviously and immediately threaten health, life or there is no danger of significant damage and the tree is not affected by any disease that could spread to other trees - the procedure according to Section 8, Paragraph 1 or Section 8, Paragraph 3 of the Act on Nature and Landscape Protection will apply (felling permission is required depending on the size of the tree – circumference of more than 80 cm at a height of 130 cm above the ground)
- The dry tree will be replaced by a new tree - you can proceed according to Section 8, Paragraph 2 of the Act on Nature and Landscape Protection - the so-called restoration of the stand - a permit is not required, felling must be notified in writing at least 15 days in advance to the nature protection authority, which can suspend, limit or prohibit it. The notification must have the requirements stated above.
- A dry tree is infected with a disease that can spread to other trees - Section 8, Paragraph 2 can be applied - so-called health reasons - a permit is not required, felling must be notified in writing at least 15 days in advance to the nature protection authority, which can suspend it, restrict or prohibit. The notification must have the requirements stated above.