Is it possible to cut down trees on the site and how not to earn a fine for it

Traditionally, land owners believe that they have the right to dispose of their real estate and use the land at their own discretion. This also applies to making decisions about cutting down trees on your property.

The owner of the plot can be confident that he does not need permission to cut down trees on his land. And this opinion, which few landowners know, may be wrong. The law on logging introduces some restrictions on logging; it is recommended that everyone who owns a summer cottage, garden plot, or land with a private house familiarize themselves with it.

• 1 When can you cut down trees on your property?
• 2 Law
• 3 Resolution 3.1 How to obtain

Is it always possible to cut down trees on your property when the law may prohibit such actions? Clarification on the issue may be a revelation for many landowners, but it will help avoid breaking the law and administrative penalties.

When can you cut down trees on your property?

Usually the decision to cut down a tree is made in three cases:

• When a tree falls due to bad weather or its age on its own. You just need to cut it down to the root.
• Trees can be cut down on agricultural lands to ensure their suitability for cultivation. Only those plantings that form a protective strip are left.
• You can also remove trees near your house according to the law, on your site, if the information in the cadastral passport does not limit such actions.

The felling of trees on private plots of land is regulated by state legislation; local regulations can also be adopted at the location of the plot. Local laws should not contradict national legislation.

Do-it-yourself deforestation or purchase from a trusted manufacturer?

There are a number of characteristic disadvantages to self-cutting that should be taken into account before making a decision:

• Increased level of responsibility. The decision on a log house should always be made with extreme caution. It is necessary to clearly understand which areas may be subject to deforestation. To do this, constantly adapt to laws and innovations.
• Extra overpayment. When purchasing firewood from the manufacturer, the price of the product includes a percentage of funds for the cutting ticket, transportation, etc. When performing actions, you yourself will have to pay a considerable amount.
• Careful completion of all stages. In order for firewood to be used, it must be dried and then packaged for personal use. The manufacturer will complete all stages himself. The buyer will not have to spend additional effort.

Buying chopped firewood from a manufacturer is much better and faster than doing it yourself. In addition, the customer can feel safe, since laws and fines do not apply to him in this case . Firewood in Murmansk meets all generally accepted standards, conducts heat well and has an optimal price.

Law

The laws contain instructions on actions in relation to state resources. If you cut down a tree in violation of the law, you can be punished not only under administrative penalties, but also under the Criminal Code.

First of all, you should pay attention to Article 40 of the Land Code (clause 2, part 2). This article allows the cutting down of trees on a property that is owned.

You can cut down both personally planted trees and those that grew spontaneously. Permission to cut down plantings on private land is also given by Article 261 (Chapter 17) of the Civil Code of the Russian Federation.

Sometimes a dispute arises between the owners of neighboring plots over a felled tree. Neighbors may argue about whose land it grew on and who had the right to cut down the planting. In this case, to resolve the dispute, it will be necessary to establish the exact boundaries of the allotment using the land surveying procedure.

ATTENTION! Restrictions on cutting down trees may arise when there is a forest on the site.

If you need to find out why you can’t cut down a tree near your house, on your own land, you must first of all clarify what kind of plantings grow near the house. According to Article 6 of the Forest Code, forests can be located on lands of several categories, not only the Forest Fund.

When there are suspicions that the spruce or oak trees near the house are part of the forest plantations, you need to find out whether cutting them down will be legal. Few people may know that not all trees near the house, on their own plot, can be cut down just like that. Sometimes permission must be obtained for this; in some cases, felling is completely impossible.

Conclusion

The legislation of the Russian Federation protects forest trees from uncontrolled cutting, therefore, to cut down even a dried plant, you must obtain a special permit and a felling ticket . Violators will receive a fine for cutting down a tree in the forest.

Properly carried out felling not only does not harm the forest, but, on the contrary, brings many benefits, because dried and diseased plants are removed, and young growth actively develops in the vacant space. Unauthorized cutting down of even one forest plant is a serious offense, punishable by a large fine.

Permission

In some cases, in order to cut down unnecessary, disturbing trees on your site, you need to have official, written permission from the local government or other authorized bodies. There are several such cases:

• If the site is located on Forest Fund land.
• If the site is the property of the municipality.
• And when the land is federal property.

A tree may not grow on the site itself, but interfere with the passage to it or the entrance. In this case, we cut down bushes and trees if we have permission. A citizen interested in cutting down a plant draws up an appeal and explains in it the reason for his desire to cut down the tree. Before this, you will also need to find out who owns the land with the tree.

How can a citizen check the owner of a plot? You can contact the local authorities, the cadastral service department. You can also buy land on which there is forest planting. In order to clear the area during construction, you need to contact the municipality, explain the situation, and ask for permission to cut down.

How to get

If cutting down trees is illegal, the owner of the property will be punished regardless of whether he knew about the restrictions in the law or not. When it is necessary to cut down trees on a dacha or garden plot, where should I go? First of all, you need to go to the local administration and resolve this issue:

1. An appeal (application) is drawn up in any form.
2. When drawing up a document, you must indicate to whom it is being submitted and who the applicant is.
3. The name of the document is indicated below, for example “Application”.
4. Then you should write the address of the site and its location.
5. There is a request for permission to cut down trees on the site.
6. It is important to indicate the age of the tree, its size, and species.
7. You also need to write down the reason why cutting down became necessary.

It is important to indicate in the application which trees need to be cut down and where they grow. Most often, a permit is issued; it is also called a “cutting ticket” or a “logging order.” It is necessary to draw up an agreement with the specialists who made the cut.

Professional companies providing tree felling services will definitely require the customer to present a “felling ticket.” Otherwise, they may become the same violators of the law as their customer, the owner of the site .

ATTENTION! A logging permit can be issued by the Department of Natural Resources under the local administration or the Department of Nature. But in some cases, the decision is made by other departments authorized for these functions.

For example, a positive or negative response to cutting down trees on a certain plot of land may be issued by the Department of Housing and Communal Services.

How to apply? This can be done in person when visiting the local government administration, through a proxy. It is also possible to submit an appeal through the Single Window service. The application is submitted complete with several documents, including one that confirms ownership of the site. This could also be an extract from the Unified State Register.

Before giving permission, the authorized body may order an examination. A specialist will arrive on site, inspect the felling site, and assess the risks. Most often, fruit trees and young trees (up to 30-50 years old) do not require a permit.

Who has the right to do this?

The Forestry Code of the Russian Federation allows both enterprises or entrepreneurs and individuals to cut down trees in the forest, but this must occur under the strict control of forestry workers .
After all, you cannot arbitrarily choose a tree that you want to cut down or cut down, because any removal of a plant should benefit the forest.

For this reason, only plants that have been marked by a forester can be cut down. In addition, you must first obtain a permit and pay a fee , which will be spent on restoring green spaces.

Therefore, cutting down trees in the forest can only be done by those who have received official permission and a felling ticket, which details the coordinates of the area where the trees to be cut down grow and the location of the plants to be cut down on the site. You will find additional information on all issues related to obtaining a permit in these articles:

1. Permission to cut.
2. Tree cutting.
3. Why are trees cut down?

Penalties

When trees belonging to forest plantations grow on the site, you need to be as careful as possible when cutting them down.

You should find out what category of land the site belongs to and what types of permitted use it has. Forest trees cannot be cut down without permission, even if they are located on a private plot.

This limitation is established by the Forest Code of the Russian Federation. For cutting down trees without permission, the perpetrator is punished with a fine. The size of the fine in different regions does not differ much, so for reference you can take the indicators, for example, of the Moscow region.

In this region, you will have to pay from 3,500 to 4,000 rubles for illegal cutting of trees. This is the amount of monetary punishment for an individual. If a legal entity commits illegal actions, it will pay up to 300,000 rubles; an official - up to 50,000; such amounts are determined by Article 8.28 of the Code of Administrative Offenses of the Russian Federation.

Collection of dead wood

The most suitable and logical option for collecting wood from the forest. This is beneficial and relevant, as it is not limited by federal laws. If the tree fully fits the concept of dead wood, there will be no punishment for collecting it.

First, you need to figure out what dead wood is so as not to get a prison sentence for cutting it down. The term itself refers to fallen vegetation as a result of natural factors or previous human actions. It should be taken into account that the wood in this case will be of reduced quality, since it has mechanical damage to the trunk and branches.

Representatives of government authorities have their own view on the issue of dead wood. Trees can only be collected if there are signs indicating its lifelessness. These include deformation of the bark and a change in its color. The presence of putrefactive formations, damage by insects or animals.

If a plant has fallen, but external reasons indicate its health and youth, you should collect it with great caution. Each region decides for itself what fits the definition of dead wood and what does not. If you are inexperienced in collecting, there is always a risk of punishment, so we suggest buying chopped firewood , which is ready for use and does not entail any risks.

When can you cut without permission?

Usually, it is not necessary to obtain a permit if we are talking about cutting down trees on your own property. But several conditions must be met:

• The tree to be cut is not valuable and rare relative to the species.
• The land plot is not adjacent to the forest and the trees on it cannot be classified as forest plantations.
• No more than 1-2 trees should be cut down.
• The age of the plant matters (specific indicators depend on the region).
• The trees are not located in the region inhabited by animals or birds from the Red Book.
• Neighbors and environmentalists do not protest against such logging.

It should be remembered that cutting down on your own land is most often a personal matter for the land owner. But every tree cut down without reason has a negative impact on the environment.

If possible, it is necessary to restore the amount of green space.

Is it possible to cut down trees in the forest?

Only illegal logging is prohibited in the forest , because cutting down old, diseased and disturbing plants is an integral element of forest maintenance. With the help of such cuttings, the average age of plants and the main species are regulated, as well as the conditions for the rapid growth of young shoots, which are drowned out by old trees and dead wood, are improved.

In those forest areas where maintenance is not carried out by cutting down, the basic characteristics of industrial wood are much worse than where green spaces are carefully monitored and unnecessary or interfering plants are promptly removed.

In addition, wood is a renewable resource , so it is used to make building materials and is also used as a raw material in various chemical industries. For these purposes, huge areas of forests are cut down, on which trees of certain species grow, which are then restored over many decades.

Often, stumps in such areas are removed to facilitate the growth of young shoots, from which a new forest will eventually grow.

Laws of the Russian Federation regulating the cutting down of trees on the owner’s land plot

From 2006 to this year, the Forest Code . It is the main document regulating forest legal relations, which means the exploitation of forest and wood resources, as well as their protection and reproduction.

Forest and timber resources may be subject to unauthorized logging.

Please note that even any demolition of trees without the appropriate permit can be equated to an environmental crime.

Please note: deforestation falls under Article 260 of the Criminal Code of the Russian Federation . Liability may arise even if the forest and tree are located on private property. The fact is that you cannot cut down trees on your own land if the site in any way borders on a protected area, park, zoo, etc. If the summer resident, the owner of the site, does not know about this nuance, he still will not be able to avoid punishment .

Difficulties in registering a plot of land that borders a forest - will Forest Amnesty help?

In most cases, illegal logging is punishable by a fine and mandatory work.

But, if major damage has been caused to nature (and it has been proven), then they can be prosecuted and even deprived of the right to engage in a certain type of activity.

How to obtain permission to cut down trees on a plot of land - instructions

In order to obtain permission to cut down or fell trees, you must follow these instructions:

Step 1. Collection of documentation

Step 2. Writing an application

The permission form can be prepared using the following template:

A ready-made application form for a permit to cut down trees is available free of charge.

Step 3. Contact the competent authorities

You need to contact the local administration, the landscaping department, with a request to issue the appropriate permit.

If you are denied registration there, then you should contact the Department of Natural Resources and Environmental Protection.

Step 4. Obtaining permission

Within 30 days, your application will be reviewed and either the felling will be approved or the event will be refused to be carried out on the territory.

Please note that you may have to arrange an inspection. Specialists will have to go to the site and determine the species and thickness of plants and trees. Based on the results, they will draw up a plan of landscaping activities and calculate how much these actions will cost. Moreover, the text of the act will specify which trees can be cut down and which cannot.

It should be noted that many people confuse the inspection report with the permit itself. After inspection, the act is transferred to the administration and employees and they draw up a permit based on this document.