Tree felling or tree modification; application

In accordance with Section 29 (1) sentence 2 of the Federal Nature Conservation Act in conjunction with Article 51 (1) no. 5a of the Bavarian Nature Conservation Act, municipalities can issue tree protection ordinances to protect trees and shrubs within built-up areas. The resulting greening of the built-up areas has considerable positive effects, such as revitalizing and maintaining the townscape, improving the urban climate, reducing noise and keeping the air clean.

Tree protection ordinances standardize, among other things, bans on the removal and destruction of protected trees. The ban on felling trees also applies if the trees are located on your own property. Exceptions are permitted in individual cases. As a rule, however, replacement planting must then be carried out.

You can find out whether a tree protection ordinance exists in your municipality and what requirements and restrictions apply to you by making a brief inquiry with your local authority.

Regional Supplement (Editorial responsibility: City of Erlangen)

With the enactment of the tree protection ordinance in 1975, the city of Erlangen emphasized the special importance of the tree population in the urban area. Trees have a variety of beneficial effects for all residents of the city and are also an important habitat for birds, small animals and insects. Trees have a calming effect with their greenery in summer and delight with their bright yellow foliage in the fall. Keep this in mind when it comes to preserving trees. The particular aim is to preserve the trees in the urban area to protect and maintain the cityscape and to improve the climate.

Trees with a trunk circumference of 80 cm or more, measured at a height of one meter, and all replacement plantings are protected. Felling or pruning that goes beyond mere pruning therefore requires approval.

Fruit trees are not protected, with the exception of walnuts and chestnuts. Further exceptions are described in §2 of the Tree Protection Ordinance.

For reasons of traffic safety, dead/dying trees may be felled without a permit; this is only subject to notification. To do this, please send an email with the location of the tree and, if possible, informative photos.

According to Section 39 (5) of the Federal Nature Conservation Act, it is prohibited to cut, uproot or remove trees outside of forests, short rotation plantations or horticultural land between March 1 and September 30.

This prohibition does not apply to careful shaping and maintenance pruning to keep trees healthy (e.g. removal of dead wood, damaged branches, so-called summer pruning of fruit trees). In principle, pruning is also permitted on land used for horticultural purposes within the scope of horticultural use, e.g. in a typical home garden or an allotment garden. There are also other exceptional reasons, e.g. measures to ensure road safety are permitted if they cannot be carried out in the public interest in any other way or at any other time.

If a tree is currently being used by animals as a nesting site, for example, further restrictions may be possible.

In accordance with Art. 16 Para. 1 Sentence 1 No. 5 of the Bavarian Nature Conservation Act, it is prohibited to remove, damage or otherwise significantly impair avenues in the open countryside along public or private traffic areas and farm roads. Exceptions are possible in individual cases.

In accordance with Section 39 (5) sentence 1 no. 2 BNatSchG, it is prohibited to cut down, uproot or remove trees that are located outside the forest, short rotation plantations or horticulturally used areas in the period from March 1 to September 30. Gentle shaping and maintenance pruning is permitted.

The district administrative authority (lower nature conservation authority) is the point of contact for questions in this regard.

Administrative court action

Regional Supplement (Editorially responsible: City of Erlangen)The cost of an appealable decision is 50 euros for the first tree applied for and 15 euros for each additional tree.