Closed Season for Hedges and Woody Plants

From March 1st to September 30th, it is prohibited under Section 39 (5) No. 2 of the Federal Nature Conservation Act (see further links) to cut down trees located outside forests, short rotation plantations, or horticulturally used areas, as well as hedges, living fences, bushes, and other woody plants, or to trim them back to the stump.

The regulation ensures the preservation of important habitats for wildlife. Woody structures serve as habitats and breeding grounds for bird species and as an important food source through insects and spiders living there. An overview of legal regulations can be found in the leaflet on woody plant trimming.

Exceptions

Individual trees in home gardens are not subject to the temporarily restricted felling ban, provided the further species protection regulations of Section 44 Federal Nature Conservation Act are observed. Accordingly, reproductive and resting places of particularly protected species must not be impaired in their use. Old trees often have cavities or cracks, which are often regarded as defects or reasons for felling. However, these natural structures simultaneously serve cavity-nesting birds and various bats as reproductive or resting places. If certain structures (bat cavities, raptor nests) are present, trees enjoy year-round protection.

Similarly, shaping and maintenance cuts to remove growth and maintain tree health are permitted year-round, provided Section 44 BNatSchG is observed.

The ban does not apply to measures carried out or approved by authorities or to traffic safety measures, if these cannot be carried out in the public interest in another way or at another time.

The ban also does not apply to interventions permissible under Section 15 Federal Nature Conservation Act or to permissible construction projects if only minor woody plant growth needs to be removed to realize the construction measures. If more than minor woody plant growth needs to be removed for construction projects, it is advisable to consider compliance with the felling period in advance.

Exemptions

Exemptions from the ban can be granted by the Lower Nature Conservation Authority if

• this is necessary for reasons of overriding public interest, including social and economic reasons (e.g., for traffic safety), or

• the implementation of the regulations would lead to unreasonable hardship in individual cases and the deviation is compatible with the interests of nature conservation and landscape management.

Required Documents

An application for woody plant removal during the closed season can be submitted informally in writing to the Lower Nature Conservation Authority. Please include information in your application about the type and number of woody plants to be removed and justify why the removal cannot be carried out outside the closed season.

The exemption is subject to fees.