Sometimes it becomes necessary to cut down a tree, but before doing this you need to obtain a permit.
Unauthorized cutting down of trees without obtaining a special permit is illegal.
receive large fines or even face criminal prosecution for it .
Therefore it is important to know:
- who issues such permits and under what conditions;
- how much does a permit cost?
- what documents confirm the right to cut down or cut down a tree;
- where to go if you need to remove an interfering plant.
In addition, we will tell you in what cases you can cut down a tree without obtaining permission and avoid punishment for it.
Who has the right to request permission to cut down or cut down?
A tree is the same real estate as a house or apartment, because it is located on a plot of land that has an owner.
According to Article 209.1 of the Civil Code of the Russian Federation, the owner of the plot has the right to independently dispose of his property, therefore only he can apply for permission.
If someone else applies for permission, then in order to consider his application, he must, at a minimum, have a power of attorney to represent the interests of the owner . Therefore, it is impossible to legally obtain a felling ticket or permission to cut down/cut down a tree located on someone else’s property, even if it is a significant nuisance.
The only exceptions are emergency and dangerous trees, however, even for them, only an authorized person can apply for permission. At the same time, the owner of the site may be either against cutting in general or against the use of certain methods, and even a representative of the local government will have to take his opinion into account.
If the tree is on public property
Most of the difficulties are caused by green spaces located on public land, which belongs to the state. In populated areas, cutting down forests for the purpose of logging is strictly prohibited.
In such cases, a logging ticket can be obtained only for three reasons:
- Trees and bushes have grown and partially obstruct or block the passage;
- The plant has already died or been damaged and is considered hazardous. Its fall can cause harm to human life, can damage communication and power lines, and threatens to damage buildings;
- If an overgrown tree interferes with the ability to lay new communications.
Landscaping workers make a conclusion about a tree's unsafe condition based on a number of established signs, and in general this is the easiest way to obtain permission to cut down.
Who issues permits?
In most cases, such permits are issued by the Department of Natural Resources or the Nature Protection Department of the city administration , but there may be situations when its functions are performed by other departments, including the Department of Housing and Communal Services (HPU).
Most cities have their own procedure for issuing permits with a list of organizations that provide such services.
You can often order a permit through the “Single Window” service; in this case, the entire package of documents will be sent to the official who deals with these issues, and the land owner will not have to run around offices and ask who issues permits or logging tickets.
Receipt procedure
Preparation for filing an application for a permit must begin with the collection of documents, a complete list of which will be provided by employees of the department or department dealing with these issues.
The basic package will necessarily include documents confirming ownership of the plot .
This can be either an extract from the Unified State Register of Real Estate (USRN) or other documents.
The package also includes a statement in which the owner of the site describes the coordinates and purpose of the site, as well as the main parameters of the tree, that is:
- breed;
- dimensions;
- age;
- location on the site;
- reasons why felling is required.
In addition, the application must indicate an agreement to pay for an examination of the tree and payment of an environmental fee.
After this, a specialist will visit the site to assess the condition of the tree, as well as the degree of threat it poses. If the plant is not valuable or especially valuable, and also in cases where its age, and therefore its thickness, has not reached a certain value, then instead of a permit, the applicant will receive a notice that a permit is not required to remove this tree.
Most often this applies to fruit varieties, especially hybrid ones, as well as trees whose age does not exceed 30–50 years.
If suddenly a tree turns out to be valuable, then the specialist assesses the degree of threat it poses and the amount of expenses necessary to restore the green fund.
This requirement is based on Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection,” however, each region and large city, and often small towns, has its own procedure for calculating such fees, taking into account local factors.
Having made sure that all the data specified in the application is correct and the tree really interferes or poses a threat, the specialist will transfer the application and his conclusion on it to a special commission under the city or district administration. After the application is approved by the commission, the applicant is given a permit, which specifies the coordinates and address of the site and the location of the tree on it relative to other trees.
If several trees growing next to each other are intended to be cut down, then in addition to permission you must
obtain a felling ticket , but there is a possibility that you will have to obtain one even for cutting down one tree.
After all, these issues are regulated by laws issued by the local government.
Having received permission, you need to find an enterprise or private entrepreneur who can do this work and enter into an agreement with him for the provision of services .
After this, you must pay for the tree removal services, as well as the fees required by law, and submit all documents, including approval, to the Department of Environmental Management.
Often, enterprises and entrepreneurs involved in tree removal independently obtain a permit and felling ticket for a small fee.
In this article you will find detailed information about:
- selection of contractors;
- the work they perform;
- the cost of their services.
How to properly cut down a tree on your property
Before answering the question of how to cut down trees on your property, you need to understand when to do it.
Helga Member of FORUMHOUSE
I was wondering when is the best time to cut down trees. In winter in the snow or in spring? But then the neighboring ones can be damaged by falling trees. I want to get rid of a dozen aspen trees about twenty meters high.
According to Drevolaz_msk, crowning and pruning trees is best done in the autumn-winter period, before the start of spring sap flow. It doesn’t matter when to cut down the trees. The main thing to remember is that cutting down a whole tree is cheaper, but there is a greater chance of destroying something with a falling trunk. Cutting wood in parts is more expensive, but the work is done more accurately and safely.
If you cut down a whole tree, you need to think about whether it will catch wires, a neighbor’s fence, or someone’s car when it falls. In case of damage, payments are made at the expense of the culprit + fines.
Now let's look at specific situations.
ElenaEvgeniy48 Member of FORUMHOUSE
I have young trees growing on my property. I want to uproot them. How expensive and time consuming is this?
Dendrodel
The trees are small, so you can do two things at once - order an excavator, level the area and immediately uproot the stumps. It makes sense to uproot if you plan to carry out excavation work, and the stumps will then get in the way.
You can uproot the stumps yourself using a winch or dig them up and cut them with a chainsaw just below ground level, and then cover them with soil. There is a stump grinding technique that can use cutters to cut a stump 40 cm high to a depth of 20 cm.
There are also special features when cutting down trees yourself.
alexalex FORUMHOUSE user
There is a birch tree that, I think, could fall onto a gas pipe or onto a fence. I want to climb higher and saw it piece by piece. Right?
Dendrodel
Here you need to think carefully about where to throw the logs so that they don’t damage anything. I would first hang up the branches and top of the tree and saw the tree piece by piece, but this requires special equipment. If you do it yourself, you need to cut the birch into small pieces and throw them in the direction opposite to the pipe and fence. Or hire a tower or crane.
If a birch tree has dried out, it quickly loses its strength and may fall very soon. Therefore, as soon as a birch tree has dried up, it must be cut down immediately.
Autumn Member of FORUMHOUSE
I have a plot. We need to cut down 10-15 trees. The area is not fenced, there is no one nearby. What is the best way to cut down trees: whole or cut down piece by piece? Is there a technique for uprooting trees? I want to do it quickly, and so that no one notices.
Dendrodel advises felling entire trees with a guy if all the trees go inside the future wasteland and it is larger than the height of the trunks. If not, then cut it in parts or cut it down, even taking into account the damage to other trees. It is better to uproot such a volume with a regular tractor, but you just need to leave stumps 50 cm high so that there is something to grab onto with the bucket. An important point is that it will not be possible to fell such a number of trees unnoticed , even if you cut 2-4 pieces at a time. Therefore, a logging ticket is needed.
Small young trees, with a trunk girth of 15-20 cm, can be felled by digging up the roots and then cutting them off. To place the tree where it is needed, a cable is attached to the trunk at a height of 2-3 meters, which is then pulled back with a hand winch.
When felling a tree with a single trunk, we make a cut, as Novy Svet did, in order to set the exact direction of fall.
The barrel is pulled back by a winch with a cable.
Different situations
Despite all the benefits that trees bring, sometimes situations arise when they get in the way or are a source of danger . Therefore, we will tell you who has the right to act in such situations and how, as well as what to do if a tree is in the way, but according to the law you cannot remove it yourself.
Next we will tell you whether it is possible to cut down trees:
- on your site;
- on a neighbor's property;
- in the courtyard of a multi-storey building;
- in the city;
- In the woods.
On your site
Despite the fact that paragraph 1 of Article 209 of the Civil Code of the Russian Federation gives the right to the land owner to independently dispose of his real estate, including cutting down trees on his site, it is necessary to take into account the requirements of other documents, first of all :
- Forest Code of the Russian Federation.
- Code of Administrative Offenses (CAO).
- Land Code.
- Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”.
- Order of the Ministry of Natural Resources and Ecology of the Russian Federation dated September 13, 2021 No. 474 “On approval of the Rules for timber harvesting and the specifics of timber harvesting in forest districts and forest parks specified in Article 23 of the Forest Code of the Russian Federation.”
Unfortunately, in Russian legislation there is no single document that would answer in detail the question of whether it is possible to cut down trees on your site. In addition, there is no clear concept of a forest as a group of trees, so in some settlements a single tree of a non-valuable species can be removed even without obtaining permission, while in others the result of such cutting can be a large fine or even the initiation of a criminal case.
In most cases, such cases fall apart in court, because there is no clear prohibition on such actions , but this is not a guarantee that this will always happen. Therefore, in order to calmly cut down a tree on your property, it is still better to obtain permission.
The same applies to the need to cut down a tree on a summer cottage - before doing this, it is advisable to obtain permission to cut down a specific object, this way you will protect yourself from possible consequences.
On a neighbor's property
All trees located on private property are the property of the owner of the site, and also have a certain price, which depends on factors such as :
- breed;
- age;
- size;
- location on the site.
Any attempt to cut down a neighbor’s tree without permission is a sufficient reason for him to contact the police , because there is a threat to his property, and it is protected by law.
Therefore, it is necessary to negotiate about the disturbing tree, because only the neighbor, as the owner of the land, has the right to legally remove it.
In the courtyard of an apartment building
The adjacent territory can be either jointly owned by all owners of apartments in an apartment building, or belong to some other private or legal entity.
In any case, only the owner can decide the fate of a disturbing or dangerous dilapidated tree, that is, either a meeting of residents of the house , if the local area is registered as property, or the one who owns the land .
Any attempt to remove a tree without authorization will be perceived by law enforcement as causing financial harm.
Moreover, the calculation will take into account not only the property of the tree, which will be determined during the taxation process, but also the cost of restoration measures, during which the impact on the environment should return to the state before the removal of the plant.
Therefore they will take into account :
- seedling cost;
- payment for delivery and drop-off;
- plant care costs.
In the city
Any piece of land within the city limits, and therefore the tree growing on it, is on the balance sheet of some owner . In most cases, the land belongs to the municipality, but may belong to a legal entity or individual.
Illegally cutting down a tree within the city, without obtaining permission from the owner of the site, will lead to serious problems.
To remove such a tree, you must either obtain permission to cut down trees in the city from the owner, or somehow convince him to carry out all the work himself.
In the forest
Article 5 of the Forest Code of the Russian Federation does not provide a clear definition of a forest, calling it an ecological system and a natural resource. Therefore, the concept of forest includes both a solitary tree growing and huge artificially planted or wild groups of trees.
Article 6 of the LC states that forests are located on lands of the forest fund and other categories. These categories are described in Article 7 of the Land Code of the Russian Federation.
Forest lands always
belong to the state , so any attempt to cut down a tree in the forest in these territories is grounds for administrative or criminal prosecution.
Forests located on sites for other purposes may belong to legal entities or individuals who own these sites, therefore, to remove a tree, it is necessary to obtain permission from the owner of the site.
Therefore, unauthorized cutting down of a tree in the forest is always a violation of the law. To remove it legally, the owner's consent is required.
In addition, even if the forest is located on a privately owned plot, there is a high probability that in addition to the permission of its owner, permission from the forestry department, nature conservation department or other departments/organizations will also be required . This is due to the fact that some of the forests located on private plots are classified as specially protected, so even after receiving permission from the owner, it is better to consult on this issue with the city or district administration.
Where to go to cut down trees
Depending on the category of land and who is the owner, obtaining permission and filing fall on the shoulders of the owner, the municipality or the management company.
All plants belonging to the green fund of the state require a felling certificate, regardless of who owns the site. The green fund includes birches, oaks, poplars, and maples. For pruning branches or uprooting a plant without permits, the perpetrator faces administrative or criminal penalties for cutting down a tree. Where to go if you need to cut down a tree growing on a private plot.
To obtain permission, you need to contact the environmental protection department or the forestry department. If the site belongs to a small settlement, then the application is submitted to the nearest municipal authorities - city, village administration, village council. The application must indicate the reason for the sawing:
- emergency condition;
- branches touch high-voltage wires;
- strong shading of a living space, garden or vegetable garden;
- planning construction work on the site.
The application is reviewed within one month, during which time an inspector will come to your site to verify the authenticity of the reasons for filing.
Cutting down a tree on municipal territory
In the city, cutting down plantings is carried out in extreme cases. It is strictly forbidden to cut down trees for the purpose of logging, collecting firewood for private and urban households, or improving the landscape design of the site. A coupon for sawing can be obtained in 3 cases if:
- the tree is classified as an emergency tree and the fall threatens the integrity of buildings, power lines, communication lines, and human life;
- if a bush or tree has grown greatly and is shading the apartments of a nearby building;
- if it is necessary to lay new communications.
Tree maintenance is determined by landscaping workers based on a number of relevant signs.
In the second case, the evidence base is a certificate from Rospotrebnadzor or the Sanitary and Epidemiological Station; it is issued after inspectors have examined the apartment.
In the third, you need to provide technical documentation for the building to which communications are connected, a conclusion on the degree of wear, a report on the inspection of the area and a project for installing new pipes. Typically, a permit is issued on the condition that after completing the installation of networks, the contractor will improve the territory and plant it with trees.
Where to complain about cutting down trees in the yard if you suspect that the work is being carried out illegally.
In such a situation, you can contact the management company, city administration, or inform the local police officer. Cutting down trees on a rented plot
A person renting a building or land plot has the right to apply to municipal authorities for permission to cut down a tree if it:
- emergency;
- blocks out the light;
- interferes with construction or laying of communications.
If the lease agreement contains a clause giving the right to use the site without any restrictions, then the tenant acts on his own behalf. If there is no such clause in the agreement, then to obtain a felling coupon the following must be submitted:
- application on behalf of the owner;
- a site plan with marked plantings to be cut down, indicating their type, age and trunk diameter;
- Act of inspection of green spaces by a special commission;
- a power of attorney issued by the owner, giving the right to carry out legal activities regarding the cutting of plantings on his behalf.
Also, you need to provide an agreement with the company that will produce filing of plants.
Cutting down a tree on a neighbor's territory
It is impossible to obtain permission to uproot a plant on someone else's territory. Therefore, the issue needs to be resolved with the owner. If it was not possible to reach a compromise in a neighborly manner, then act officially.
The rules for planting trees on sites are regulated by SNiP 30-02-97.
If a plant growing on your neighbor’s property is located closer to the fence than established in the Code of Rules, has fallen into disrepair, or severely shades your area, you need to:
- write an official letter asking your neighbor to remove the tree;
- if you receive a refusal, then contact the SNT board with the same requirement and a description of the situation;
- if the plot is not classified as a dacha plot, but has the status of “under individual housing construction,” then you need to send a letter to the landscaping department or forestry department.
In extreme cases, you can write a letter to the prosecutor's office or file a claim in the courts.
Responsibility for illegal cutting
Illegal tree cutting is an administrative and, in some cases, a criminal offense . Responsibility for illegal cutting is prescribed in Article 260 of the Criminal Code of the Russian Federation and Articles 8.25–28 of the Code of Administrative Offenses of the Russian Federation.
The problem is that there is no clear concept of a forest, so the severity of damage to nature is determined by a person, and based on his own understanding. In addition, when determining the amount of damage, not only the cost of the destroyed plant is assessed, but also the costs of restoration work.
For cutting down a young fruit tree on someone else's or state territory, you can get away with a small fine, but if you cut down a plant of valuable species, and even of a considerable age, then the damage may be so great that the offender will be subject to criminal liability.
In addition, fines are provided not only for unauthorized logging, but also for violation of the procedure for obtaining a permit. Therefore, the service of obtaining a permit and a felling ticket, which is provided by many arborists and companies involved in cutting down trees, is very popular.
Errors in paperwork, taxation of trees intended for cutting down and calculation of the cost of restoration measures also lead to fines, albeit smaller ones. The fine for all types of violations committed during the removal of trees falls within the range of 4 thousand - 3 million rubles .
In addition, timber taxation and the cost of restoration measures greatly depend on the region and its climate. Therefore, in the northern regions, the total amount of damage may be noticeably higher than in the southern regions, because growing a tree there is much more difficult.
A package of documents for obtaining permission to cut down trees and forests
Do you need to approve the legal cutting down of trees on your territory? There is a standard list of documentation:
- A written application indicating the reason for the sawing and the full details of the applicant.
- An official certificate of the examination carried out. The information in it confirms the points of the statement.
- Detailed site planning diagram. The green spaces that need to be cut down must be marked on it.
- Documents on the ownership of the site.
- A concluded agreement with a contractor, if it is necessary to cut down several trees, or the location of plantings requires a special approach.
Other documents can also be added to the minimum package. Each case is considered individually.
Where can you legally cut down trees without a permit?
You can cut down trees on your property without permission if it is privately owned.
In this case, conditions must be met :
- There should be no rare or particularly valuable breeds.
- The site should not be adjacent to the forest or located nearby.
- The age of trees should not exceed a certain level (depending on the region and species).
- The number of trees removed should be small (1–2 pieces).
- Trees to be removed should not be located in habitats of endangered birds and animals listed in the Red Book.
- Removing trees will not cause negative reactions from neighbors or environmentalists.
- It is necessary to think through and implement a recovery plan.
If any of these points are not met, then before starting cutting or sawing, it is advisable to obtain a permit . In this case, all responsibility will lie with those who issued the permit.
In addition, the removal of trees negatively affects the amount of oxygen in the air, so restoration measures are needed not only by the state, but also by the owner of the site, because the more plants there are, the cleaner the air will be.
Conclusion
Obtaining permission to cut down is necessary not only to avoid administrative or criminal liability, but also to preserve the environment, because uncontrolled cutting has a negative impact on the environment and reduces the amount of oxygen in the air.
After reading the article, you learned:
- why it is necessary to obtain permission;
- who issues it;
- how and from what the cost of a permit is formed;
- What is the punishment for illegal cutting or felling of trees?
