Cutting down trees on your own property - what does the law say?

Sometimes land owners need to cut down trees growing on their land. Since the owners are confident that they have the right to dispose of the site at their own discretion, not everyone finds out in advance whether cutting down trees is allowed at all. In fact, there are serious restrictions in this regard in the legislation, which are worth learning about in more detail.

The legislative framework

Issues of cutting down trees on private territory are regulated by civil, land and forestry legislation. Thus, Part 1 and Part 2 of Article 209 of the Civil Code of the Russian Federation confirm the owner’s rights to free possession, use and disposal of property belonging to him.

However, part 3 of this article contains a limitation. The actions of the owner of property, including a land plot, should not cause damage to the environment or violate the interests of other persons. Article 261 of the Civil Code also states that the rights of the owner extend to green spaces located on the site, unless otherwise provided by law.

Therefore, land owners should be guided not only by the Civil Code, but also by other legal norms. For example, according to Article 6 of the Forest Code, a forest can be located both on forest fund lands and on lands belonging to other categories (including on private plots). In order not to fall under sanctions for violating environmental regulations, you should contact the administration for clarification before cutting down . In addition, in addition to federal laws, regions may adopt their own local acts.

Should I cut it myself or order cutting through a company?

When all permits have been received, an equally important question remains to be resolved: do the work yourself or delegate the task to professionals?

Of course, if you have a chainsaw, cutting down an unnecessary tree seems simple, and most importantly, free. However, the decision to save money can result in serious damage not only to neighboring buildings, power lines located in the fall field, but to human life and health.

Working with a chainsaw for an untrained person is a fairly common cause of injury and injury. In addition, without experience, it is quite difficult to set the trunk in the desired direction of fall, and the larger the tree, the greater the danger.

In addition, to cut down some mature, large trees you may need:

• special lifting equipment;
• winch and cables;
• special cutters for uprooting stumps;
• and even climbing equipment.

Therefore, it is better to weigh all the associated risks and difficulties in advance. And if there is an objective need, trust a company specializing in such work.

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When is it legal to cut down trees?

As a rule, landowners make the decision to cut down if the tree is very old, if it is unsafe, or if the territory needs to be cleared for construction. You can cut down trees without obtaining permission in the following cases:

• The plot has an agricultural purpose. In such a situation, it is prohibited to cut down only the trees that form the forest protection belt.
• Trees fall on their own.
• The purpose of the land plot is gardening, dacha farming or individual housing construction. At the same time, there should be no corresponding restrictions in the cadastral documentation for the object.

It is also worth considering what type of tree it is. For example, there are practically no restrictions regarding fruit and berry plantings. If valuable trees grow on the site, you cannot do without consultation with local authorities. Otherwise, dissatisfied neighbors may join the ranks of environmental activists and write a complaint to the environmental prosecutor’s office

If a tree interferes with the construction of communications

To obtain a felling permit for the construction of new communications, you will need to provide a package of documents including:

• technical documentation for the building;
• conclusion on the degree of wear (if outdated pipes are being replaced);
• area inspection report;
• project for installing new communications.

No matter how strange it may sound, trees have a higher priority for the commission than the construction of communications. When considering this request, the commission will take into account any possible options for preserving green spaces. And if such solutions are not found, the owner will be given a logging ticket.

In addition, the permit is usually issued under certain conditions, according to which the contractor, after completion of the work, is obliged to tidy up the territory and landscape it.

When is a permit required to cut down trees on your property?

There are many examples in which a permit is required to cut down one or more trees. For example, you need to apply for it in the following situations:

1. The land belongs to the state or municipality.
2. The land is located in a protected or park area.
3. The territory belongs to the forest fund.
4. There is a road or railway nearby.

This can happen when a tree grows outside a private property and interferes with access to the site. To avoid getting into trouble, you can’t just cut it down . First, you will have to carry out land surveying, that is, determine the exact boundaries of the plot, and then ask the municipality representatives for permission to cut down.

When can you cut down a tree?

A tree can be considered real estate that belongs to the owner of the land. In accordance with Art. 209 of the Civil Code of the Russian Federation, the owner can independently decide how he will dispose of the property.

However, the following regulations must also be taken into account:

• Forest Code;
• Law No. 7-FZ of January 10, 2002 “On Environmental Protection”;
• Land Code, etc.

Before you cut down a tree on your property yourself , you should prepare for this event.

In Art. 40 of the Land Code states that the owner of a plot has the right to cut down trees planted or growing at random if he does not need them.

Each municipality may have its own legislation regulating this issue. They do not contradict federal legislation, but complement it.

You can legally cut down a tree in the following cases:

• the site has an agricultural purpose;
• the tree is in a dilapidated condition, has completely or partially fallen;
• the land is owned by the owner and there are no restrictions placed on it.

What trees should not be cut down?

At the same time, it is prohibited to cut down trees that form a forest protection belt on agricultural plots. In Art. 16 of the Forest Code establishes a restriction on cutting down plants.

They cannot be cut down at will if the land plot belongs to the forest fund and is not owned by the municipality. In addition, cutting down valuable tree species is prohibited.

If the site is adjacent to a forest or located on its territory, then it will be difficult to obtain permission to log. The number of trees to be removed should not exceed 1-2.

It does not matter whether the owner planted the plants himself or purchased the plot with them.

The procedure for obtaining permission to cut down a tree

The issuance of permits for cutting down trees in Russia is mainly carried out by local administrations or specialized municipal enterprises . In Moscow, such issues are under the jurisdiction of the Department of Natural Resources and Environmental Protection. The procedure for obtaining permits looks like this:

• The owner of the site writes an application and submits accompanying documents: a passport, an extract from the Unified State Register of Real Estate, a diagram of the location of trees on the site, an agreement with the contractor who will do the felling.
• The administration considers the application within 30 working days. If it is necessary to bring additional documents or perform any actions, the applicant will be informed about this.
• If there are no reasons for refusal, government officials will issue the landowner a logging permit and/or a logging ticket.

In most cases, conducting a land survey and sending a request to the municipality is not enough. The applicant may be required (at his expense, of course) to conduct a survey of the tree to be cut down. As part of this procedure, specialists go to the area and determine the type of planting, its thickness, condition

Based on the results, an act is drawn up, which indicates which trees can be cut down and which cannot. An action plan for subsequent landscaping is also drawn up and the size of the compensation payment is determined: it will have to be paid to the treasury. Based on this act, which the owner submits to the administration, the final decision is made.

Sample application.

To obtain permission, a citizen must write an application to the land relations department of the administration.

It contains the following information:

• name of the body to which the citizen applies;
• information about the applicant;
• address of the land plot;
• reason for felling;
• description of the tree (species, size, age, location);
• date and signature.

An extract from the Unified State Register and other documents confirming ownership of the land must be attached to the application.

In addition, you must provide a detailed site plan that will indicate the location of the trees that need to be cut down.

Sample application for tree cutting. [13.05 KB]

Expert assessment.

An authorized professional will then need to travel to the site to assess the plant and whether it poses a threat.

Fruit trees and those whose age has not reached 30-40 years can be cut down without permission.

Law No. 7-FZ of January 10, 2002 states that if a plant belongs to a valuable species, it can be removed from the site only if it poses a threat.

The specialist must assess its extent, as well as the cost of restoring the green fund. He passes the conclusion to the administration. Next, the commission decides whether to issue a permit to the owner of the site or not.

Their final opinion is influenced by a certificate from a specialist. At the same time, you need to take into account that each region has its own requirements for the age and types of wood that can be removed from your site with impunity.

It is necessary to apply for a permit if the tree grows outside the site, but interferes with the owner, for example, blocks the entrance to the territory.

If a citizen has received a permit, he can enter into an agreement with a company or individual to cut down a tree. If there are several plants, then the owner needs to issue a felling ticket.

Dacha: what kind of fence can be installed.

Responsibility for unauthorized felling

Even if there is a temptation to cut down a tree “quietly,” it is better to avoid it. Sanctions for unauthorized logging are provided for by both administrative and criminal legislation, and they are quite severe:

• According to Article 8.28 of the Code of Administrative Offenses of the Russian Federation, illegal cutting of forest plantations by citizens entails a fine in the amount of 3,000 to 4,000 rubles. If the felling is carried out using special equipment (and this is usually what happens), the fine increases to 5,000 rubles, and the equipment may be confiscated.
• For illegal cutting of a large number of trees, as well as causing serious damage to forests, criminal liability arises under Article 260 of the Criminal Code of the Russian Federation. The culprit may face a fine of up to 500,000 rubles, correctional labor or imprisonment.

So the possibility of cutting down trees even on your own property is limited by law. To avoid adverse consequences, you should adhere to the established rules. Before cutting down a tree, you need to study local regulations, or even better, get advice from an authorized organization.

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Can they be punished for cutting down trees and to what extent?

According to Russian laws, cutting down green areas without permission is illegal and considered an environmental crime. Usually such cases are considered as administrative, and in cases of large-scale deforestation, they can even be considered criminal.

Responsibility is provided not only for sleeping. The same applies to crowning (removing unnecessary branches in large quantities, not to be confused with simple pruning). According to current legislation, this can only be done with special permission.

Regulations

Despite the fact that many issues that will relate to the cutting down of trees are regulated at the regional level, and there is responsibility for violations committed:

• In Art. No. 260 of the Criminal Code of the Russian Federation.
• In Art. No. 8.28 of the Code of Administrative Offenses (CAO) of the Russian Federation.

The documents apply to all cases of illegal cutting or felling of trees, that is, done 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. Moreover, Article No. 261 of the Criminal Code of the Russian Federation provides for fines, even if the tree was not cut down, but damaged by any method, which will lead to its growth stop.

What will determine the severity of the punishment?

Please note that Art. No. 8.28 of the Code of Administrative Offenses will only apply if the price of wood separated from the ground is no more than 5,000 rubles. In this case, you should take into account such properties of the plant as:

• 
  Diameter.

• Height.
• Age.
• Breed.

Please note that the species will influence the unit price of the finished tree, and by age they will know to what extent the tree has reached the required condition, and therefore the younger the plant, the lower the unit cost will be.

The diameter and height of the tree are used to determine the volume, because the unit cost will be calculated in rubles for each cubic meter. The unit price is set every year, but in the event of a sharp jump in this parameter on the world market, there may be more frequent recalculation. The same parameters, including unit cost, are used even when calculating expenses in order to obtain permission for sawing/cutting.

How is the amount of damage calculated?

The specific amount of the fine will depend on the damage caused to natural resources. Art. No. 8.28 of the Code of Administrative Offenses will apply to situations with minor natural damage, that is, if the price of land separated from a tree is no more than 5,000 rubles, then it is insignificant. If the price of felled trees is from 5,000 to 50,000 rubles, then the damage is considered significant and falls under the first part of Art. No. 260 of the Criminal Code of the Russian Federation. If the damage is from 50,000 to 150,000 rubles, then it will be considered major, and therefore the second part of Art. No. 260 of the Criminal Code of the Russian Federation. It also applies if major damage is caused as part of a group or through the use of one’s official position. If the damage exceeds 150,000 rubles, then it is recognized as particularly large, and if this is done by prior agreement, the third part of Art. No. 260 of the Criminal Code of the Russian Federation. This gradation of degrees of damage is described in Art. No. 260 of the Criminal Code of the Russian Federation.

Amounts of fines and other types of punishments?

What can be the fine for cutting down a tree? We made a table that included:

• The amount of damage caused.
• The amount of penalties without aggravating circumstances.
• Aggravated fine and full description.
• Other types of punishments that are not related to imprisonment.
• Arrest.

What trees on the site can be cut down without problems?

At your dacha you can freely dispose only of fruit trees and shrubs. If, for example, an apple tree is infected with parasites or has already died, no special permission will be required to cut it down.

It is also possible to cut down plants no older than 30-50 years old that have no environmental value. As for the rest of the plantings, cutting down only those trees whose removal has been given permission is allowed.

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.

Additional documents

It would take a long time to list all the situations associated with cutting down vegetation. The most common ones, which require professional participation and obtaining the appropriate permit for deforestation:

• The plot is leased. The standard package of documentation is necessarily supplemented by a lease agreement and an officially certified power of attorney, which allows you to resolve issues related to green spaces.
• The land with the disputed tree belongs to the neighbors. Initially, it is worth trying to resolve the issue peacefully. If this does not work out, you will have to additionally submit a written complaint about the occurrence of an emergency in addition to the standard list of documents.
• Installation of communication systems or construction. When clearing the territory, the minimum package is supplemented with: an application from the developer, a permit for the construction of various objects, a lease agreement for the site, a project plan, a layout of future landscaping, etc.
• Harvesting wood for personal needs. To avoid problems with the law, you should additionally prepare: an agreement with the owners of the territory in which logging is planned, a document confirming payment under the terms and a certificate of compliance with the volumes of wood obtained.

Where can I order legal logging with a permit?

Cutting down trees by law requires taking into account many nuances. Not everyone has time to collect documentation and go to the local administration. is an organization that cuts down trees, deals with logging and other related services. Extensive experience and a professional team – guaranteed results. Why us:

• Low prices for services. Anyone can ask for help.
• Full range of services: felling, sawing, crowning, trimming, etc.
• Established contacts with the administration and other government agencies.
• Assistance in obtaining permits and other documentation.
• Efficiency. Compliance with order deadlines.
• Quick visit of a specialist to the site. You don't have to wait in lines. We respond to incoming requests as quickly as possible.
• Consulting clients on any issues of interest.

Be very careful when obtaining permission to cut down trees in the forest. The slightest inaccuracy can not only slow down the logging process, but also attract an undesirable result in the form of administrative or criminal punishment.