Living in a private or apartment building, people periodically have the need to cut down a tree and often illegal cutting of trees occurs. However, not everyone knows that cutting down green spaces within the city without the appropriate permission is prohibited, illegal and punishable by rubles.
Unauthorized cutting down of trees and removal of plants, even for good purposes, is an illegal act that leads to administrative and even criminal liability. If you need to get rid of green space, but are afraid of getting under the “article”, contact. We know what illegal tree cutting in the city is and what fines individuals receive for cutting trees in the forest.
Fines for cutting down a tree in the forest and illegal cutting of trees and plantings
Illegal cutting down of trees and removal of vegetation is prosecuted in accordance with certain paragraphs of Article 8.28 of the Code of Administrative Offenses of the Russian Federation, if no signs of a criminal offense are revealed in the case. In this case, the punishment is an administrative fine. The size of the fine for cutting down a tree in the city and payments depend on the category of citizens who committed illegal cutting. What is the fine for sleeping?
- Ordinary citizens – from 3 to 4 thousand rubles.
- Persons in government positions - from 20 to 40 thousand rubles
- Organizations - from 200 to 300 thousand rubles.
An aggravating circumstance that affects the size of the fine is the use of various mechanisms and specialized equipment in the felling process. In this case, the offender will have to pay:
- Ordinary citizens – from 4 to 5 thousand rubles.
- Officials - from 40 to 50 thousand rubles.
- Organizations and entrepreneurs - from 300 to 500 thousand rubles.
If additional funds are used, in addition to the fine for illegal cutting of trees of a specified size, the authorities confiscate all illegal logging products (if any).
Persons who sell, transport and purchase wood obtained without the appropriate permit also face liability for unauthorized felling.
Details
Punishments provided for logging in various territories
Despite the fact that criminal/administrative liability and fines, as well as other penalties for cutting down a tree, are described in the Criminal Code of the Russian Federation and the Code of Administrative Offences, situations often arise when it is necessary to refer to other acts according to the standards. This is associated both with the location of trees in various territories, and with whose territory it is.
In the city
Most of the trees in the city are located on municipal land, which means they are the property of the city administration. This means that all plants should be constantly trimmed and whitened, and other actions should be performed. A dried or old plant is removed so that the remaining trees are protected from pests and the source of disease, and a young seedling is planted in its place. This is not at all free, since each pipe must be paid for, and therefore additional charges are possible for all participants in the illegal cutting of plants. sanctions. Art. No. 1064 of the Civil Code of Russia, that the damage caused to a legal entity, in this case to the municipality, must be returned 100%. It turns out that in addition to fines and other sanctions for illegal logging, the municipality will also need to be reimbursed for all the expenses it will incur to compensate for the cut tree, or rather:
Growing seedlings.- Transportation to the landing site.
- Planting and care until the required age is reached.
For this reason, a criminal case may be opened under Art. No. 167 of the Criminal Code, that is, destruction of someone else’s property or damage to it. Taking into account all the expenses that should be reimbursed to the municipality, the destruction of even one small tree can cause real damage to property on an incredibly large scale, and therefore there is a high probability of not just running into a fine, but also losing your freedom. The fact is that the sanctions from Article No. 167 are completely similar to those prescribed in Article No. 260, although the division of the degree of damage is different - small - up to 5,000 rubles, significant up to 250,000 rubles and large - up to 1 million rubles.
In the forest
The fine for cutting down a tree in the forest is different and differs from urban realities. The fact is that the federal law “On Amendments” to Art. 32 LK RF dated April 18, 2018 No. 77-FZ gives citizens the opportunity to collect dead wood for personal needs. For this reason, in theory, you can find and cut down a dry leaning tree and not be punished for it, and even more so if you cut it into relatively small pieces before exporting it. But even in this case, a lot is brought to the attention of the city authorities, and therefore they can impose various prohibitions and restrictions. If it was not possible to prove that the felled/cut down plant is dead wood, and quite often everything comes under Art. No. 260 of the Criminal Code of the Russian Federation and Article No. 8.28 of the Code of Administrative Offenses of the Russian Federation. It turns out that, depending on the total volume of the tree, this can be a fine of 3,000 to 3 million rubles, as well as other sanctions, including forced labor or those deprived of liberty.
On personal land
Despite the fact that Art. No. 209 of the Civil Code of Russia gives owners the right to independently dispose of personal property; cutting down wood on a site without permission can fall under Article No. 269 of the Criminal Code of the Russian Federation and 8.27 of the Code of Administrative Offenses of the Russian Federation. This happens in cases where a plant that is considered valuable is cut down. The difficulty is that the list of valuable tree species is made by the city administration, and therefore even in neighboring villages the same tree can be of low value, i.e. not fall under the provisions of the articles, or be valuable. If the second option turns out and the local administration finds out about the cutting, then there is a high chance that fines will be issued. A tree aged from 10 to 50 years rarely grows so that the price of wood reaches the point of significant damage, which prescribes a fine of 3,000 to 4,000 rubles. If there are several dozen valuable trees on the site, then the damage can become significant, which is why the fine sometimes reaches up to 500,000 rubles, and there may also be other sanctions.
On someone else's property
If a tree was cut down on someone else’s property, then it is impossible to say exactly the size of the fine or the severity of other sanctions. The fact is that if the owner of the site gave the go-ahead for cutting down without official permission, then the fine and other sanctions will be shared between the owners and the one who cut down the tree. Such liability is regulated by Article No. 32 of the Land Code of Russia. In the case where the owner of the site allowed illegal cutting, then this is a group action, i.e. aggravating circumstance. If the process was carried out without consent, then he will need to prove his innocence through the court, and this is extremely difficult to do. If the owner of the site reported this to the police or local administration that illegal logging or sawing is being carried out on the site, there is a high chance that he will not be considered an accomplice, and even more so if the pest is detained on the spot. And yet, much will depend on the qualifications of the lawyer, whom the owner will allow to conduct such a case in court.
In other places
It doesn’t matter in what place where the tree grew, in relation to those who cut down or cut it down without permission, different articles of the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation will be used, fines and other penalties for which will not be lower than those that we have prescribed in the table, presented above. There is always the possibility of various aggravating circumstances arising, due to which other sanctions and fines may become noticeably heavier. But in addition to violating the procedure established to obtain permits, in such a situation the interests of third-party legal entities and individuals are affected, which adds to the claims from law enforcement agencies.
How to legally cut down a tree
In order not to run into a fine for cutting down trees, you should begin preparing for legal activities by visiting a department in the city administration, where you should talk about your desire to cut down a tree, and also provide documentation for the site and photos of the trees, as well as the environment. If the wood species is of low value, then the administration will provide official documents about this, and then exactly those trees that are indicated in the application and office. response from the administration, it will be possible to cut it down, and not be afraid of sanctions. If the rock is valuable, it will be necessary to conduct an examination, and then pay for a cutting permit and carry out restoration measures.
What are the criminal penalties and fines for illegal logging of forests and trees?
In some cases, unauthorized felling of trees and bushes also falls under paragraphs of Article 260 of the Criminal Code of the Russian Federation. The penalties include:
- Imprisonment for up to 2 years.
- The fine for cutting down a tree is up to 500 thousand rubles.
- Correctional/forced, compulsory labor – for a period of up to 2 years.
Criminal liability for unauthorized removal of trees/shrubs applies regardless of whether the offender was alone or as part of a group.
Felling on your own site - what the law says
Cutting down trees on a property that is owned is permitted by Article 40 (clause 2, part 2) of the Land Code of the Russian Federation and Article 261 (Chapter 17) of the Civil Code of the Russian Federation. This permit applies to both personally planted and spontaneously grown plantings. Please note that this permit does not apply to cutting down trees growing on common land, for example, in SNT, in the area around an apartment building and in the courtyard of the house.
Thus, cutting down your own area seems completely legal, but it is important to consider the pitfalls. In particular, logging on your own land is prohibited if the plantings are forest. It is interesting that a forest, according to Article 6 of the Forest Code of the Russian Federation, does not have to be part of a forest area, but can be located on lands of several categories, incl. on private land. So before you cut down on your property, make sure that your trees are not a forest. It is almost impossible to do this in the Moscow region due to the large number of forests (each dacha village, one way or another, adjoins a forest) and the vague concept of “forest” in the legislation.
To avoid finding yourself in a difficult situation, consult with an experienced, specialized lawyer. Such consultation can be obtained free of charge from our company by simply calling us.
Is it possible to legally cut down a tree in a city or forest in the Moscow region?
Everything related to tree cutting must be confirmed by official certificates. This avoids any liability entailing fines or imprisonment. Before cutting down a plant, you must obtain permission.
For registration, a certain package of documents is collected, which, depending on the situation, can be adjusted. The standard list consists of:
- Statements. It indicates the grounds, reasons for cutting the forest, as well as the full details of the person who needs official permission.
- Information about the territory where green space needs to be cut down. The organization is provided with a detailed plan with a drawing of the site, as well as an agreement confirming the ownership of the site.
- Descriptions and characteristics of trees requiring destruction.
- A notarized agreement with an organization engaged in sawing.
After collecting and analyzing the received documentation, the applicant is issued a permit - a logging ticket.
What are the main tenets of the law regarding cutting down trees and where is it recorded?
The tree that is planned to be eliminated must not be a relict tree and be of historical value. So, even if it grows on private territory, by law it is the property of participants in individual housing construction (IHC). For this reason, its unauthorized removal may be considered illegal.
Photo: donovantreeexpert.com
The process of removing plantings from the site should not harm nature and the homes of neighbors. Legislative acts relating to cutting can be studied in more detail in the Forest Code and other publications with similar topics.
Actions to be taken before cutting:
- The first priority is to contact the administration of the individual housing construction with a request for permission to cut down.
- If a positive answer is received, then liquidation must be carried out with the involvement of specialists. This is done to avoid incidents and to comply with safety regulations. This process is a necessity, because it may turn out that it will be necessary not only to cut down, but also to uproot the tree. Such actions will lead to disruption of the soil layer, which in some situations may be regarded as causing damage. Also, during the cutting process, the crown and trunk may accidentally fall and damage neighboring buildings. Therefore, monitoring the situation is mandatory.
How and to whom to tell about illegal logging?
Some people consider it their right to cut down a disturbing tree, regardless of the wishes of other people. However, any such cutting is also considered illegal without the appropriate permit. If another person has established the fact of cutting the trunk or branches of a plant that belongs to the city’s green fund, he must record the offense via photo/video. If proven, the violator will be fined for illegally cutting down a tree within the city and trimming trees.
If there is evidence, you can contact law enforcement agencies with a statement, which must indicate:
- Contact information with telephone number for communication.
- The requirement to punish the person who is engaged in illegal logging.
- If information is available, indicate the contact details of the offender.
- Date and personal signature.
Additionally, a flash drive with photo or video evidence of the crime committed is attached to the application.
Where can I complain if a tree is in the way or blocks the light?
The procedure for recognizing trees as hazardous and considering requests for their cutting down is regulated by local regulations and regulations. Therefore, this procedure may differ in different cities. As a general rule, such statements can be made to the local administration through the MFC, with a complaint to the local department of the housing inspection (for example, about the inaction of the management company) or to the prosecutor's office (about the inaction of the management company or local administration).
After the citizen’s application, the administration creates a commission to inspect the damaged tree. It must be said that each city has its own accident criteria and are prescribed in local regulations. If a tree is recognized as unsafe, a corresponding report is drawn up. The cutting and removal of wood is carried out by services for the improvement of the city territory and at the expense of the city treasury. If the tree is not recognized as unsafe, the applicant will be denied disposal of the tree within 30 days from the date of the application (Law No. 59-FZ “On the procedure for considering applications from citizens of the Russian Federation”).
It is important to note that citizens’ complaints are also considered in the same way in cases where an emergency (problem) tree grows on the territory of a private household, but the branches hang over the fence and interfere with pedestrians.
Professional assistance in Moscow
offers a variety of services for cutting down trees/shrubs in any area in Moscow. We act within the law. We help you obtain permission to cut down green space. Close cooperation with government agencies allows us to complete work in the shortest possible time and with high quality.
For any questions you may have, please contact our consultants. We'll give you answers and help you fill out your application. Excellent work results are guaranteed. Remember that responsibility for illegally cutting down a tree without permission entails a fine!
Reasons for cutting down a tree in the local area
You can raise the question of cutting down a tree if:
- the tree is unsafe.
That is, it has dried out, cracked and threatens to cause damage to the property of the owners (for example, cars parked in the yard), hangs over the sidewalk, entrance, or children's playground. - the tree is located too close to the house;
- the tree disturbs the residents, even if it is planted correctly, but hits the windows or obscures sunlight;
- there is a decision of the general meeting of apartment building residents.
If the tree is not dangerous, but interferes with the residents, in order to cut it down, the residents must vote at the general meeting of premises owners with at least 50% + 1 vote. The minutes of the general meeting are transferred to the management company, and it, in turn, applies to the municipality for permission to cut down the tree (felling coupon). In this case, the cutting down of the tree will be paid for by the owners of the apartment building.
Rules for legal cutting by organizations and legal entities
You can obtain permission to cut down a tree by applying to the Department of Natural Resources. The details of the organization or company are indicated, the need for cutting is justified and it is indicated what exactly is planned to be done. The application review period is 30 days . During this time, representatives of the Department select and mark the trees selected by the customer, draw up a statement and give a conclusion.
A logging ticket is issued according to a model approved by the Government of the capital. The form has degrees of protection. Validity period is 2 years , for sanitary felling and reconstruction – 1 year . Issuance is carried out in a “one window” mode at the Department of Natural Resources and Environmental Protection. For the destruction of trees before receiving a ticket, monetary compensation is paid. Citizens or legal entities in whose interests the felling or pruning was carried out pay.
If a tree shades a window, contributes to the destruction of a building (structure), or an order from supervisory authorities has been issued for its elimination/replantation, an additional conclusion on the dendrological part of the project must be drawn up. Validity period: 2 years from the date of registration . If the order was issued as a result of routine inspection work of the Department, a conclusion is not required.
When a tree touches power lines, they write a statement to the power grid company. According to the Decree of the Government of the Russian Federation dated February 24, 2009 No. 160, they are obliged to comply with the security zones of the lines and cut down tree branches that may damage the wires. A copy of the application should be sent to the local administration. These rules apply equally to organizations and citizens. The schedule for pruning branches is agreed with the owners of the site or the organization on whose balance sheet it is located.
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Upon completion of the tree felling activities, the owners/balance holders themselves remove the cut trees in accordance with the existing rules for sanitary maintenance and cleaning, approved by the Government of the capital in 1999 and the resolution of the Moscow Government of May 31, 2005 “On the use of felling and plant residues...”. After execution of the disposal agreement, documents are issued that serve as the basis for closing the logging ticket.
Compensatory landscaping
Mandatory procedure. Conducted by the owner of the logging ticket no later than one year from the date of informing the responsible authorities about the logging. If trees are eliminated, new ones are planted in the same area in the same area. If another location is chosen, it must be in the same administrative district, and 2 times more trees and 2 times more trees are planted on an area. Particularly valuable trees may be insured by the city or the land owner. In case of damage, compensatory landscaping is carried out at the expense of insurance coverage.
If the work carried out in a certain area damages trees in adjacent areas, the restoration of green spaces is carried out at the expense of the customer of the logging work no later than 6 months from the date of damage. Upon completion of the necessary actions, the felling ticket must be closed at the organization for issuing it.
Cleaning, replanting or pruning trees on the territory of Moscow cemeteries is carried out with the permission of the State Budgetary Institution “Ritual” , without issuing a felling ticket.
