The new Decree No. 189/2013 Coll., on the protection of woody plants
The new Decree No. 189/2013 Coll., on the protection of woody plants, valid from 15th of July 2013 deals with felling of trees in alleys and gardens.
An owner of a garden no longer have to ask for permission in an administrative proceeding to fell trees which are located in his/her garden apart from the woody plants that are part of a significant landscape element, or alleys, or are designated as protected tree. According to the Decree, the felling is usually performed during the period of vegetative rest.
Garden is an area related to building land, where the apartment or house is located as defined under the Building Act, in a built-up area of the village, surrounded by built fence and without access for the public. All these characters must simultaneously be fulfilled, which means that land in gardening settlements, or fence made of woody plants which is not considered a fencing, do not fulfill these condition.
A permission to fell a tree is necessary when felling the alleys or trees that are higher more than 40m2 which are part of the alley, regardless their perimeter of trunk at the height of 130 cm above the ground. An involved stands of trees with a perimeter of the trunk smaller than 80 cm at a height of 130 cm above the ground more than 40 m2, which often make a significant proportion of greenery in the open countryside in settlements are subjects of a protection newly.
Alley is a continuous series of at least ten trees with regular spacing. If there is missing tree in a continuous row of trees, they are still considered an alley. Trees are not considered an alley when growing in orchards or plantations of woody plants. Permission is needed for trees forming alleys, even below 80 cm perimeter.
It is allowed to fell a tree without a permission if:
- The tree is located in the garden
- The tree is not a part of a significant landscape element, or alley
- The tree is not designated as protected tree
- During the period of vegetative rest
It is forbidden to fell alley or single trees without permission:
- Alley or trees larger than 40m2 which are part of alley regardless their perimeter of a trunk
- An involved stands of trees larger than 40m2 regardless their perimeter of a trunk
Often asked questions
Is it possible to fell a protected tree without permission?
No, a fell or any damage the protected tree is forbidden by the law of nature and landscape protection, exemption from this prohibition may allow a nature conservation authority only in the public interest. This also applies to the management of any emergency condition of woody plant, which seriously endangers the health or safety.
Is it possible to fell woody plants during the time of vegetative rest?
Fell a tree during the vegetation is not prohibited, but it can be affected by other interests protected by law, such as the protection of birds (by law it is prohibited to intentionally damage or destroy the nests of birds, disturb the birds, especially during breeding and rearing) or protection of specially protected species, respectively their habitats.