Often, the development of a neglected or “wild” suburban area begins with its large-scale clearing. It is necessary to cut down trees, uproot stumps, and remove bushes. Many novice developers believe that they can do whatever they want on their territory for individual housing construction, including removing trees themselves. But it’s one thing when we are talking about cutting down one pine or birch tree, which can be removed quickly and “quietly,” and it’s a completely different matter when there are more than a dozen trees on the site. You can face a hefty fine for illegal logging. In addition, felling trees is not an easy task, requiring certain knowledge and skills, on which the safety of the process largely depends. Therefore, in this article we will cover:
- Is it possible to cut down a tree on your property?
- Why do you need a logging ticket?
- How to properly remove a tree.
- What tools and equipment are needed for this?
When is it permissible to cut down trees on a plot of land for individual housing construction?
Let us turn to civil legislation - Civil Code of the Russian Federation, Article 209 “Content of property rights”, paragraph 3 of Art. 209 - Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
The obvious conclusion from this provision of the law is that the owner of a land plot can dispose of his land plot, as well as the resources located on it to the extent that this is not prohibited by law and does not violate the rights and freedoms of other persons.
Clause 2 of Art. 261 of the Civil Code of the Russian Federation - unless otherwise established by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it.
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However, taking into account the above, the question arises: how to determine whether green spaces on a land plot are environmental (for example, forest) and what permits need to be in hand to determine whether these green spaces can be cut down or thinned out?
Let us turn again to the legislation, namely the Forest Code of the Russian Federation (LC RF):
- Art. 5 LC RF - Use, protection, protection, reproduction of forests are carried out based on the concept of the forest as an ecological system or as a natural resource.
- Art. 6 LC RF - Lands on which forests are located - clause 1 Forests are located on lands of the forest fund and lands of other categories. Interesting interpretation isn’t it: “On lands of other categories”?
Now let's look at Art. 7 LC RF - A forest plot is a land plot that is located within the boundaries of forest districts, forest parks and formed in accordance with the requirements of land legislation and this Code. If you imperatively read these norms, then a forest plot is a land plot that is formed in accordance with the requirements of the Land Code of the Russian Federation and meets the requirements specified in the Labor Code of the Russian Federation, namely, it is specially formed, has a register number and must be on the balance sheet of some forest farms or state forest. fund. The use of such areas is possible only in accordance with their intended purpose and permitted use.
Legislation
Work to clear the yard from emergency plantings must be based on current standards. They are described in the following acts:
- Forest Code;
- Law No. 7-FZ of January 10, 2002;
- construction SNiPs.
The powers to regulate relations in the field of protection of green spaces have been transferred to local authorities. Consequently, specific rules for cutting down nuisance or emergency trees are contained in the regulations of municipal authorities. The latter are based on the norms of federal and regional legislation. This means that the rules are the same in all municipalities of the country (there may be nuances).
For information: liability for illegal cutting of a tree or bush growing on municipal or state lands (provided they are classified as forest/forest park zones) is provided for in Article 8.28 of the Code of Administrative Offenses (CAO).
The destruction of valuable species of plants is separately regulated. These include trees listed in the Red Book. In addition, municipal authorities can approve a list of plants for which a special protection regime is established.
Download for viewing and printing:
Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”
Article 8.28 of the Code of Administrative Offenses of the Russian Federation “Illegal logging, damage to forest plantations or unauthorized digging up of trees, bushes, vines in forests”
Can a forest plot be located on an individual housing construction plot?
Part 1 art. 67 LC RF - Forest management is carried out on the lands of the forest fund, as well as on the lands specified in Part 3 of Article 23 of this Code. Let's look at the article. 23 LC RF - Forestries and forest parks and what we notice is that there is not a word about individual housing construction. It only lists “settled areas” where urban forests are located. At the same time, as stated in Art. 8 LC RF, Art. 15 of the Land Code of the Russian Federation, trees growing on an individual housing construction site are not an urban forest.
Thus, forest management on individual housing construction lands is not regulated by the Forest Code. Moreover, the LC of the Russian Federation does not contain any grounds to consider part of the individual housing construction site, with trees or green spaces growing on it, as a forest site.
At the same time, as stated in Art. 6 LK RF - forests are located on lands of the forest fund and lands of OTHER CATEGORIES. If we take into account the literal interpretation of this article, then a forest may still be located on the lands of individual housing construction, but in accordance with Art. 10 LC RF - forests located on lands of other categories can be classified as protective forests. Features of the use, protection, protection, reproduction of protective forests, operational forests and reserve forests are established by Articles 102 - 109 of this Code.
The fact is that in these articles there is no criterion for protective forests classified as private housing construction lands. Taking into account what has been said above, to protect yourself, it is better to obtain permission from the administration.
Fine for cutting down a tree in the forest in 2021
For many, this act caused a sarcastic grin. Like, thank you, dear deputies, for allowing dry branches to be collected in the lands.
Now, as they say, let's live!
But in reality, the deadwood law is not as funny as it seems.
City dwellers cannot understand, but for rural residents, almost their main “headache” was solved with one stroke of the pen.
First, let's understand what is considered dead wood?
There is wording in the law. These are fallen trees, shrubs or parts thereof damaged due to bad weather or other natural causes. It was primarily villagers and summer residents who suffered from the current law.
Both of them complained that they were spending a lot of money on KamAZ trucks with firewood. Although the forest is full of fallen trees, harvesting dead wood is both cheap and convenient. But you can’t, how can that be? Not every villager agreed to look for the owner of the forestry enterprise and draw up a purchase and sale agreement with him.
Bureaucracy also interfered with the state.
How to obtain permission to cut down trees on your site for individual housing construction (felling ticket)
A felling ticket and (or) permission to replant trees and shrubs is issued by the environmental department of the administration of a city district or district. The application form is submitted in person or by contacting the MFC in accordance with the regulations established by local legislation. The following must be attached to the application:
- Title documents for the land plot (extract from the Unified State Register of Real Estate);
- Identification documents (passport).
Please provide the following wording: “Please provide a felling ticket and (or) permission to replant trees and shrubs (pruning, replanting), indicating the quantity, species composition and reason for felling (building a house).”
Regarding a plot for the construction of a house for rent, which is classified as a forest, they will immediately refuse.
If the plot of individual housing construction is owned, but along the forest - read above, and before cutting down or thinning - get permission.
Who issues permits?
In most cases, such permits are issued by the Department of Natural Resources or the Nature Protection Department of the city administration , but there may be situations when its functions are performed by other departments, including the Department of Housing and Communal Services (HPU).
Most cities have their own procedure for issuing permits with a list of organizations that provide such services.
You can often order a permit through the “Single Window” service; in this case, the entire package of documents will be sent to the official who deals with these issues, and the land owner will not have to run around offices and ask who issues permits or logging tickets.
How to get a felling ticket for a plot of land for private household plots
If you have a plot of land for private household plots, then you should contact the administration of your district, namely the land committee, to give clarification regarding the presence of forest plantations on your plot belonging to the forest fund, or the presence of tree species on it, the felling of which is controlled by environmental services in the field of environmental management.
An application for clarification is submitted in simple written form; even if you submit an application to the wrong department or body, then the municipal executive bodies are obliged to transfer it through interdepartmental cooperation to the appropriate place.
Who should trim the trees in the yard?
If the land belongs to the residents of an apartment building, then the management company or HOA is responsible for its maintenance. Applications for cutting down tree branches in the local area of an apartment building are submitted by management companies to municipal landscaping and landscaping companies. If it is necessary to cut down branches, the application must indicate:
- house address;
- apartment address;
- Full name and a number of other contact details;
- reasons why pruning or sawing is required.
The management company is obliged to respond to you within 10 days.
If the territory belongs to the municipality, the responsibility for its maintenance falls on the local administration department. It can be called differently, for example, the landscaping and landscaping department. Therefore, the application must be submitted to the relevant green fund management body.
Is it possible for residents to plant trees in the courtyard of an apartment building? More details
Conclusion
Obtaining permission to cut down is necessary not only to avoid administrative or criminal liability, but also to preserve the environment, because uncontrolled cutting has a negative impact on the environment and reduces the amount of oxygen in the air.
After reading the article, you learned:
- why it is necessary to obtain permission;
- who issues it;
- how and from what the cost of a permit is formed;
- What is the punishment for illegal cutting or felling of trees?
