Where to address?

Rules for legal cutting by companies and legal entities

You can get a permit for cutting a tree upon application to the Department of Natural Resources. Specification of details of organization or company, justification of necessity of felling and specification of what exactly is to be done. Term of application review. 30 days. During this time, the representatives of the Department select and mark the trees selected by the customer, make a list and give their opinion.

A cutting permit is issued in accordance with the model approved by the Moscow City Government. The form has degrees of protection. Validity period 2 years, for sanitary cutting and reconstruction. 1 year. Issuance is made in “one window” mode in the Department of Nature Management and Environmental Protection. For destroying trees before getting a ticket, there is a monetary compensation. Citizens or legal entities in whose interests the felling or pruning was done pay.

If the tree shades the window, contributes to the destruction of the building (structure) or there is an order to remove/replant the tree from the supervisory authorities. in addition, an opinion on the dendrological part of the project must be drawn up. Validity period. 2 years from the date of registration. If the order was issued as a result of a routine inspection by the Department, no opinion is required.

When a tree touches a power line. write an application to the power grid company. According to the government decree of 24.02.2009 60 they are obliged to respect the protected zones of lines and to cut down branches of trees which can damage wires. A copy of the application should be sent to the local administration. These rules apply equally to organizations and citizens. The schedule for pruning the branches is agreed with the owners of the plot or the organization on whose balance it is located.

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After the end of tree felling, the owners/holders themselves remove the felled trees in accordance with the existing regulations on sanitary maintenance and cleaning, approved by the Moscow Government in 1999 and the Decree of the Moscow Government of 31.05.2005 “On the use of felling and vegetation residues”. After execution of the agreement for utilization, the documents serving as the basis for closing the logging ticket are issued.

Compensatory landscaping

Compulsory procedure. Is carried out by the owner of the felling ticket not later than one year after informing the responsible authorities about the felling. In case of elimination of trees. new trees are planted on the same plot in the same area. If another place is chosen. necessarily in the same administrative district, planting an area twice as large and twice as many trees. Particularly valuable trees may be insured by the city or landowner. If they are damaged, compensatory landscaping is done at the expense of the insurance coverage.

If work carried out on a particular area damages trees in adjoining areas, the regeneration of the green areas is done at the expense of the felling company within 6 months of the damage at the latest. After the necessary steps have been taken, the logging ticket must be closed at the issuing company.

the main facts

The law protects greenery in the city and in the forest. Cutting down trees and bushes is regulated by the whole complex of acts. the Constitution, the Forest, Land and Urban Development Codes, the federal laws “On Environmental Protection”, “On General Principles of Local Self-Government Organization”, the laws and municipal acts of the subjects of Russia, and many departmental acts, norms and rules. That’s why you can’t just cut down a tree, bush or even branches. First you need to get permission from the local administration and get a felling ticket:

• Illegal logging is a serious crime that can lead not only to administrative sanctions but also to criminal liability.
• There are some species for which no permission at all can be obtained, such as relict plants, which are in the Red Book or are valuable as a biological resource. Such plants are removed in extreme cases, such as sanitary felling.
• If a tree is cut, call the police or city hall. You have a right to know the reasons.
• All logging must be done by professionals with the right tools and equipment.
• Filming the process with a camera can help you sanction the offender.

Legal regulations

Cutting down trees on state or municipal land, which includes the yard of an apartment building, is regulated by many laws and bylaws:

• The Forest Code ;
• Federal Law.FZ On Environmental Protection;
• by municipal ordinances;
• The rules and norms of technical operation of the housing stock;
• Construction norms and rules and other acts.

Liability for illegal felling of trees is defined by:

Before applying for a permit for the removal or replanting of greenery or the pruning of trees or shrubs at MFC My Documents, you should know in which situations it is allowed.

• First, if the trees or shrubs are dangerous.
• Second, if they grow in places not designated for their growth. Third, if they are planted during renovation or when carrying out emergency prevention procedures.

If you want to get permission to cut down a tree on your property, or to demolish greenery, replant or prune bushes or trees, you can apply to MFC My Documents with an application. This service is free.

Who to file a complaint about illegal cutting of trees?

If you hear noise from preparing or cutting down a tree, the residents of the building can react. If there is a suspicion that the action is illegal. you need to report to the authorized bodies.

A complaint is filed in two forms. verbally and in writing. The first option allows you to respond quickly to the situation, rather than wait until the tree is cut down and hidden. Oral complaint via telephone helps in case of contacting the police department. You can call the police department and have it come to your home to check if you have permission to cut down trees near your home. If it turns out that the action is illegal, the perpetrator is drawn up a protocol on an administrative offense.

Residents can apply to the management company, HOA or local administration. in writing. You must file a complaint in duplicate. One remains with the administration and the other is signed and stamped by the clerk’s office. If your complaint is not answered within 10 days, you can go to the controlling authorities. For example, you can file a complaint with the prosecutor’s office.

It is also worth finding out if a felling permit has been issued and if it is legal to cut down trees in the yard. Inhabitants of the city of Kremenchug are not subjected to any sanctions. Residents of Moscow can call the mayor’s office or ask the Natural Resources Management and Environmental Protection Department for help.

• To fix the fact of violation (photo, video).
• Call the local police or call “112”.
• Report suspicion of illegal cutting of trees in front of the house.
• Wait for the local policeman and visit the incident with him.

Remember that reporting to the police is the responsibility of every citizen of our country. Even if the workers obtain a permit, no sanctions will be applied to the applicant. In this case, the complaint is a civic position.

Need to cut down a tree in the yard where to apply?

There are many reasons to cut down a tree or its overgrown branches.

Most often, this is prompted by an emergency situation where there is a potential danger not only to the property of others, but also to their health and life.

But it also happens that trees in front of windows prevent sunlight from entering, thus contributing to constant dampness, which violates the requirements of sanitary regulations.

Dear Readers! Our articles talk about typical ways to resolve legal issues. If you would like to know how to solve your problem. Call our toll-free advice line:

Can I cut down trees in my yard??

The maintenance of cities are the responsibility of public authorities represented by the departments of landscaping. They oversee the planting of trees, their condition and usefulness.

It is strictly forbidden to cut down trees in the yard! Such actions are considered arbitrariness and contrary to the order of the Ministry of Regional Development and Trade 13 dated December 27, 2011:

• Point 8.6.6. Prohibits the unauthorized cutting of city trees and shrubs;
• Paragraph 8.6.10. obligates the perpetrators to charge the value of the damaged/cut plantings;
• Paragraph 8.6.Clause 12 reports damages for destruction of green areas;
• Point eight.6.15. requires a permit to cut down dead wood.

Neighborhood is a yard where a residential building is located, cars are parked, people walk, other plantings are planted. If a large tree is cut down, it could easily damage someone else’s property. Or worse, injure a bystander, up to and including death. The one who cut the plantation will have to answer for what he did.

Resident of a multi-story building tolerated a branchy poplar tree next to his home for a long time. The thick crown of the tree was blocking the windows, blocking the sunlight in. Resident had to “burn” electricity even during the day. He’s fed up and decides to cut down a poplar tree. He has not received permission to cut the trees. In order to cut the tree faster, he enlisted the help of his friend. However, the massive trunk of a poplar fell on a neighbor’s parked car. As a result, the Nissan Almera had a broken windshield, and the body and doors were dented. Angry car owner sued for property damage under Art. 168 CC The court ordered the resident and his acquaintance to pay a fine of 120,000. At the same time, the perpetrators were fined for unauthorized cutting down a tree in the yard.

Who is responsible for the cutting?

Taking into consideration that the adjacent territory is joint property of the apartment building residents, cutting down trees must be agreed upon with all apartment owners. Art. If tenants agree to cut a tree, they need a permit in the form of a logging ticket. The absence of a permit makes it difficult to remove trees within the city limits.

You also need to look at where the tree is located, that is, on whose property. Situations can be different:

• The land belongs to the tenants of the apartment block. cutting down trees and bushes must be done by the bodies of the Managing Company (MC) or the Homeowners’ Associations (HOA). The cutting down takes place on the request of the tenants of the house. The cutting of trees is included on the utility bill.
• The land belongs to the municipality. the responsibility for taking care of the area falls to the city beautification department or the landscaping department.

The people who live in the building do not participate in cutting down trees. All work is done by specialist contractors. individuals or legal entities. Cutting requires an estimate, equipment, gear, and technical skills. A crane may be needed for the work. Most often the cutting or trimming of trees is assigned to telecommunication and energy workers.

Enlisting support

If the house is in the HOA, HCC or HCC, contact the chairman, organize a general meeting to discuss the problem. If the house is not in the partnership, interview the residents whose windows are also covered with overgrown trees, get their consent to cut down the trees covering your windows and fix it in writing.

Also try to get all sorts of certificates. If the family has a child, go to the district health clinic to provide a certificate of his weakening, sickness, caused by lack of sunlight. For yourself it is possible to register anemia from the lack of light and neurosis especially since the lack of sunlight and heat can really provoke them.

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If no one responds

If all the above-mentioned services fail to act, you can file a petition with the court at your place of residence. It is better if it is collective, with the signatures of neighbors whose windows also cover these trees. If you have copies of all statements and letters, you have the right to take your complaint to court.

If the tree in front of your windows is old and dry, and constantly threatens to collapse the branches, you can contact the Ministry of Emergency Situations (to prevent emergencies), as well as the Department of Natural Resources and Environmental Protection of Moscow.