Can I cut down a tree in my yard?

How to check the legality of cutting trees

Cutting of greenery is carried out on the basis of the felling ticket. A logging ticket is issued by the Moscow City Department of Environmental Management and Protection in certain cases:

  • Do you have the right to cut down trees in your yard?
  • Restoration of the normal lighting conditions in residential and non-residential premises shaded by trees;
  • The implementation of urban planning activities;
  • emergency response and emergency situations.

In some cases felling may be carried out without a felling ticket. instead of it you may need a departmental permit (for construction, reconstruction of capital construction objects).

How felling work should be carried out?

Cutting of greenery must be carried out in accordance with the following requirements:

  • in accordance with the dendroplan (scheme) and the counting list all the trees and shrubs to be cut down should be marked with red paint, those intended for replanting. yellow, for preservation. white;
  • the marking of trees and shrubs shall be carried out by the customers together with the cut and replanting operations according to the arboretum plan and the counting list;
  • at least 10 days prior to the beginning of work related to the destruction and replanting of green spaces, information boards with good visibility shall be installed at the site;
  • destruction, pruning and replanting of greenery shall be carried out after notification of the environmental control department of the Department of Nature Management and Environmental Protection of Moscow for the relevant administrative district no later than 5 working days before the beginning of the work;
  • felling, crosscutting, loading and removal of felled trees and logging residues must be carried out as they are felled;
  • the felling residues shall be removed and disposed of;
  • After the felling work is complete, the logging ticket must be closed.

How to check if it is legal to cut down trees?

If you want to find out if a felling ticket has been issued and if cutting trees is legally allowed, please contact us:

  • by dialing the Moscow City Hall’s Uniform Information Service: 7 (495) 777-77-77-77;
  • to the Department of Natural Resources and Environmental Protection of Moscow via the electronic reception desk.

To find out if you cut down during construction on a privately owned land or a land provided for construction and (or) reconstruction of capital construction objects, you can contact:

What is the threat of illegal felling?

Administrative and criminal responsibility is foreseen for illegal cutting, damaging trees and bushes or their digging, buying, storing, transporting or selling illegally cut wood.

How to cut down a tree and not to get a penalty

You have decided to cut down a tree near your house and have even got the saw on duty. Do not rush into action: first get familiar with whether you can do it at all, and what the consequences are. Be warned that in some cases, the fine is not even the worst thing.

It is fair to say that a stricter penalty than a fine for cutting down a tree can often be expected if you have decided to cut down a tree on a public property without permission, even if it is right next to your home and the thick crown of the trees is blocking your window. But our article will talk about how to cut down a tree on a private backyard without legal consequences.

Law

In the laws there are indications of actions in relation to the resources of the state. If you cut down a tree without following the law, you may not only be held administratively liable, but also criminally liable.

First of all, we should pay attention to Article 40 of the Land Code (paragraph 2, part 2). This article allows the felling of trees on a plot that is owned.

Both personally planted trees and those that have grown spontaneously can be cut down. The permission to cut trees on private land is also given by Article 261 (Chapter 17) of the Civil Code of the Russian Federation.

Sometimes there is a dispute between neighboring property owners over a cut tree. Neighbors can argue about on whose land it was growing, who had the right to cut the plantation. In such a case you will need to establish the exact borders of your property with a survey, in order to resolve the dispute.

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

If you want to find out why you may not cut down a tree near your house or on your land, first of all you have to find out what kind of plants growing near your house. According to Article 6 of the Forest Code, forests can be found in several categories of land, not only in the Forest Fund.

When there is suspicion that the spruces or oaks near the house are part of a forest plantation, you need to find out if cutting them down will be legal. Few people may know that not all trees near the house, on their own property, can be simply cut down. Sometimes permission must be obtained for this, in some cases logging is completely impossible.

Can I cut down a tree in the yard of an apartment building??

It is not allowed to cut down trees in the yard of an apartment building by oneself.

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According to clause 8.6.According to Article 10 of the Order, any person who has caused unlawful felling of trees and shrubs in a municipal area shall be fined to cover the value of the destroyed municipal or private property.

Paragraph 8.6.11 there is a recommendation for regional governments to independently impose a fine or other administrative penalty for cutting down trees and shrubs in the area of a multi-story building.

Since the government has instructed the regions to determine their own penalties, see local regulations., For example, this penalty is set by the local Administrative Code.

Legal entities should be even more careful with this, as they can be fined up to 300 thousand dollars.

REFERENCE. In the case of the cutting of a tree on city property, the rules stipulated by Article 260 of the Penal Code, which protects forest plantations, do not apply. Therefore, there can be no criminal liability for unauthorized felling within the city limits under the law.

Whether you can cut down a tree in your yard and who can do it, you will learn from the video:

Legislation

The work of clearing the yard of emergency plantings must rely on current regulations. They are described in the following acts:

The authority to regulate relations in the area of green space protection has been delegated to local authorities. Consequently, the specific rules for cutting down obstructive or emergency trees are contained in municipal ordinances. The latter are based on the norms of federal and regional legislation. So, the rules are the same in all municipalities of the country (there may be nuances).

For information: Liability for illegal cutting down a tree or shrub growing on municipal or state land (provided that it is classified as a forest/woodland park area) is provided for in Article 8.28 Code of Administrative Offences (CAO).

Destruction of valuable species of plants is regulated separately. This includes trees in the Red List of Threatened Species. In addition, municipal authorities may approve a list of plants for which a special protection regime is established.

Federal Law of 10.01.2002.FZ “On Environmental Protection”

Article 8.28 of the Administrative Offences Code “Illegal cutting, damage to forest plantations, or unauthorized digging of trees, bushes, and vines in forests”

Illegal cutting

Unauthorized digging or cutting of trees, plantings and shrubs shall be punishable by a fine of 3,000 to 5,000 thousand depending on the amount of.

What trees may not be cut

There are green spaces that the law considers valuable, so their cutting is limited or completely prohibited, regardless of the location of the facility. Trees can only be felled as an exception or for reasons set by the Health Inspectorate.

The following types of greenery may not be cut:

Each region independently establishes a list of valuable plants that are prohibited from eradication.

On one’s own property

Government Resolution 4 of 05 05/01/2011.11.1998 “On the Practice of Application by Courts of Law on Liability for Environmental Offenses” notes that cutting down or damaging plantations on the territory of forest and water funds will be considered as criminal actions.

At the same time, they are not the subject of environmental crime:

  • trees and bushes growing on agricultural lands,
  • on homestead lands and garden plots,
  • wind-blown or storm-damaged plants, unless local laws require otherwise.

Accordingly, it is not a crime to cut trees and shrubs on private property unless local law requires it.

See about illegal logging and penalties

In the yard of an apartment building, on municipal and state land

Order of the Ministry of Regional Development of 27 6.12.2011 13 prohibits the independent felling of trees on home grounds and federal land parcels. Clause 8.6.10 imposes penalties on a citizen who chooses to violate the law. The amount of the penalty must cover the value of destroyed city or private property.

8.6.10. For any damage or unauthorized cutting of trees, as well as for failure to take protective measures and negligent treatment of green spaces, the perpetrators should be charged the replacement value of the damaged or destroyed trees.

However, the federal authorities leave it up to the regional authorities to determine the final amount of the fine. this is mentioned in paragraph 8.6.11.

Where to pay the fine

You can find out about penalties for cutting down trees from the notice that comes from the post office or from bailiffs on the Goslugi website.

If the person who felled the tree was summoned to court, you can find out about the administrative penalty in court.

The amount of the debt is transferred to the details specified in the receipt issued by the court or received by mail. If the fine notice is available at www.gosuslugi.ru, you can pay the penalty there.

How to get a permit? If you are a renter

In cases where you lease a plot of land and need to cut down or crown trees on it, it is advisable to carefully review the lease agreement.

If it clearly states the clauses that allow the lessee to dispose of the green space at their discretion, it will be sufficient to attach a copy of this agreement.

If the contract does not contain such clauses. an application for permission to remove trees can only be submitted on behalf of the owner. It is supplemented by a power of attorney in the prescribed form for the right to obtain a permit and further actions.

Penalties for the outdoorsman: Is it allowed to saw trees, burn leaves and collect firewood??

Legislation is constantly changing, and neighbors are confused by old prejudices and frighten by innovations. Sometimes ignorance turns into fines for country house owners, because, as you know, it does not exempt from liability. We’ve compiled a list of the most pressing questions, forwarded them to experts, and compiled guidelines.

What is allowed to gather in the forest as firewood?

For now, the rules are not precisely spelled out, and it becomes a cause for dispute. In particular, the notions of “deadwood” and “dead wood” are not explained, and it is allowed to use hand-held tools for timber felling for one’s own needs, but the Ministry of Natural Resources has not yet given a complete list of what kind of tools these are.

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The issue is regulated in Articles 32 and 33 of the Forest Code, but is often supplemented by regional regulations. such as a ban on the use of tools and vehicles, or the obligation to report in advance the date of deadwood collection in the forest.

The Forest Code allows picking deadwood for personal purposes. Conventionally it’s understood as trees, branches and twigs which have fallen as a result of natural phenomena. things which are broken, dead on their own and have no signs of life.

Previously it was allowed to take deadwood up to 4 cm thick to the house but now this rule has been abolished.

If in front of you in the forest clearly cut down or cut down by man trees, logs and even branches, you can not take them, they have an owner. the state, so that your action is classified as a crime:

The fine for illegal cutting of trees for physical persons is 3-4 thousand rubles. rubles. If damage to the forest exceeds 150 thousand dollars, it is allowed to collect deadwood for private use. rubles, then the offender faces seven years in prison (Article 260 of the Criminal Code).

Stumps are allowed to be picked up, but holes, formed during grubbing, are to be backfilled with soil. Birch bark can be taken without restrictions only from deadwood. From living trees, birch bark may only be harvested up to half the height of the tree and only in spring and summer.

Can I park in front of my lot??

Recently, the media told about the residents of the village of Zaborye in the Ryazan region. Their lots are small and they don’t have enough space for parking, so local car owners park their cars in front of their driveways (on the grass or in a snowdrift. depending on the season). Unexpectedly, the local authorities of the municipality surprised the villagers with the news that they risk to get up to 5 thousand rubles for such parking place. rubles fine for violating the law on landscaping: parked cars interfere with snowplows (which, however, do not appear in Zaborje). Even the local tractor driver, who was sweeping the nearby roads during the whole winter, and a pensioner who does not even have a car. she just has an abandoned rusty truck cabin under her fence for the last 30 years, got in trouble.

The issue with the fines for parking on lawns is regulated by the so-called Registry of green spaces, which is under the regional jurisdiction of the capital’s authorities. In the regions, many of the passages between lots, designed for residential development, formally belong to the authorities. Even areas adjacent to a dirt road near a fence can be listed on the Green Space Register. that’s why you risk a fine if you leave your car next to your property.

It sounds absurd, but the formal basis for a fine under the Regional Administrative Code is. The problem is, the authorities have a right to include any plot in the Registry, regardless of whether the grass grows there now or used to grow once.

It’s essentially impossible to know if you’re allowed to park. But if you receive a fine for parking a vehicle on a landscaped (even with stunted grass) lot next to your private house, try to assert your rights. Fines for improper parking on lawns, especially those recorded using the “Moscow Assistant” application, are being actively considered in court, and are increasingly being decided in favor of car owners.

As for the Moscow region, then Article 56 of the regional law 91/2014 “About the improvement in the Moscow region” prohibits parking anywhere, except for special areas equipped for the placement of cars. But if this area belongs to the SNT or cottage settlement, they have the right to establish their own rules for parking cars in their territory.

And Article 209 of the Civil Code “property rights” allows you to do whatever you want with your plot. this means you need to figure out who owns the disputed area: if the administration (with a sign prohibiting parking on the plot), then the car owner is wrong; if the plot is registered as private property, there should be no claims or fines. The conclusion is simple: look for the owner.

Where and how to grill kebabs?

The rules for handling open fires and braziers (officially they are called non-combustible containers) on countryside plots are prescribed in the Government Decree of September 16, 2020 479 “On Approval of the Fire Safety Rules in the Russian Federation”.

Is it legal to burn leaves and dry grass on the property??

In the Moscow suburbs, a retired countryman in the old fashioned way set about burning dry leaves left over from the fall. “I’ve bought a barrel for this purpose 20 years ago. it’s a good place to burn grass, leaves, and other garbage. it’s hard to bring it to garbage cans, and it’s not allowed to dump organic waste into the forest. Recently a neighbor came running to me and demanded to put out the fire immediately: allegedly, drones are flying now and the EMERCOM has to be called for any smoke What should we do now?”

In general, it is legal to burn leaves, but there are certain rules, the most important of which is to use a metal container for burning (other non-combustible materials are also allowed) so that the flames do not have a chance to ramp up.

down, tree, yard

All the rules are listed in the same Government Decree 479, and below we will list the most important ones:

Is it acceptable to cut down a dangerous tree on the plot or just outside the fence??

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A Vladivostok resident got into trouble after sawing down an oak tree on his property without a felling ticket.

“Dared to cut down an oak tree on his property, without drawing up a” Permit to demolish greenery “(it is quite expensive and long to draw up a package of documents, including topographic survey of the entire site, it is tied to everything. down to the raspberry bushes, on a plot of 20 acres of work is big and the price tag is appropriate). They drove up when he was dismantling the remnants of the tree. Some kind person has been vigilant. The chainsaw was confiscated. I went to the department, gave an explanation that I decided to cut down the tree because it was in an emergency condition;. As far as I understand, the policeman is going to issue a protocol under article 8.28. The Administrative Offences Code “Illegal cutting, damaging forest plantations, or unauthorized digging of trees, bushes, and vines in forests”.

This issue is regulated by a whole list of legislative regulations: The Forest and Land Codes, the Federal Law “On Environmental Protection”-FZ, the Ministry of Natural Resources Order 74 on logging. There is no unequivocal prohibition on cutting down a tree on one’s own plot. But in the case of valuable species (oak, beech, ash, cedar, linden, hornbeam, elm, black alder, seed chestnut), it is better to get a felling ticket.

down, tree, yard

Already fallen trees can be easily cut down (if you only have to saw the roots that are still clinging to the ground) and trees of low value (e.g. aspen trees, or orchard apples or pears).

But if the tree endangers safety, it must be cut down, but first be sure to prepare photographs or video evidence to prove that the tree was indeed a danger. If time is patient, it is better to obtain a felling permit in advance. in most cases it is free of charge.

To do this, contact the MFC or the Department of Ecology and Nature Management of the municipality. in practice, they often refuse, but if an accident occurs, a written refusal will allow you to quickly find those responsible and demand compensation.

If the tree threatens safety, and there is no time to get a felling permit, call the Ministry of Emergency Situations. Similarly, if the dangerous tree is behind the fence, but close to the property.

The question of cutting down a tree on one’s own land is regulated by Clause 3 of Article 261 and Clause 3 of Article 209 of the Civil Code (the Land Code is not a help in this case). It follows that the owner has the right to possess, use and dispose of his property. only so that it does not cause damage to the environment. It turns out that the owner must decide whether or not to cut down the tree, assessing whether it causes damage to nature. At the same time, Article 16 of the Federal Law “On Environmental Protection”-FZ says that any negative environmental impact requires compensation (including a fine).

No Nonsense Guide to Tree Felling. How to cut down a tree safely. FarmCraft101

And one more thing: according to article 6 of the Forest Code, forests are sometimes located on agricultural and other lands. This means that the trees on the property may be part of the forest. which is why it is illegal to cut them down without a permit. So if you cut down a birch tree on your property, you risk a fine.

To avoid confusing the status of the land, the easiest way to find out whether it is permissible to cut down a tree is to ask the local government agency responsible for environmental protection. It is either a management company or the board and chairman of a garden (horticultural) non-commercial partnership.

Liability for illegal cutting is stipulated by Article 260 of the Criminal Code “Illegal cutting of forest plantations”.

Is it allowed to build greenhouses on the plot?

Of course. All the doubts around greenhouses are related to taxation. If your greenhouse is a permanent structure (the main distinguishing feature. the presence of foundations and the area of more than 50 sq.m., the main criterion for the maintenance of a greenhouse), it is difficult to replace it. m), then it must be registered in the Rosreestr and pay taxes annually.

This practice has been in place since 1992, but out of habit dacha owners paid only for residential homes. Only in 2016 amendments were adopted officially equating all buildings to the objects of taxation on a par with residential houses, so everything has been according to the letter of the law ever since.

Is it possible to take the cut lawns, leaves and excess fruit to the forest?

In this case, it all depends on the scale and regularity. If such waste is constantly taken out, sooner or later a pile will form, which will risk violating sanitary safety rules if it decays and foreign substances get into it (Article 8.31 CAO ). Penalties for such a violation for citizens are from 500.

Apart from that, such acts infringe fire safety rules (Art. 8 32 of the Penal Code) 31.32 CAO ). Leaves and grass when dry become a great fuel: one spark and the forest is on fire. Such an offence is punishable by a fine of 1,000 to 1,000 thou. rubles.

We would like to thank Anna Zimina, a lawyer; Alexey Pivovarov, a lawyer; the Department of Supervision and Preventive Medicine of the Main Department of EMERCOM of Russia in Moscow Region; the Federal Tax Service; Yulia Kablinova, coordinator of the Blue Buckets motorists’ rights protection movement; Yaroslav Nilov, a Duma deputy leader of the LDPR faction, for her help in preparing the material.