Tree and Shrub Management; Application for an Exemption Under Nature Conservation Law

From March 1 through September 30, it is prohibited to cut down or pollard trees located outside of land used for gardening, as well as hedges, living fences, shrubs, and other woody plants.

In the Free State of Bavaria, green spaces, parks, cemeteries, sports fields, and other outdoor facilities, as well as street trees, tree-lined avenues, and trees in the open countryside, are not considered areas used for gardening.

This prohibition does not apply

• to trees in short-rotation plantations or areas used for horticultural purposes (areas used for commercial horticulture, home gardens, allotment gardens, and orchard meadows are considered areas used for horticultural purposes in Bavaria),
• to gentle shaping and maintenance pruning to remove excess growth and maintain tree health (e.g., standard hedge trimming, removal of deadwood or damaged branches, and so-called summer pruning of fruit trees),
• for measures ordered by the authorities,
• for measures that, in the public interest, cannot be carried out in any other way or at any other time, provided they
  • are carried out by the authorities,
  • are authorized by the authorities, or
  • serve to ensure public safety,
• in the case of approved construction projects, provided that only minor tree and shrub growth is removed to carry out the construction work,
• for interventions in nature and the landscape that are permitted under Section 15 of the Federal Nature Conservation Act (BNatSchG).

Exemptions from this prohibition are possible under Section 67(1) of the Federal Nature Conservation Act (BNatSchG) and may be applied for at the lower nature conservation authority.

• There must be an overriding public interest, or
• the prohibition would result in an unreasonable burden in the specific case, and
• the exemption must be consistent with the interests of nature conservation and landscape preservation.

You must apply for the exemption with the relevant local nature conservation authority.

• none

Fee range: 50 EUR to 10,000 EUR (No. 8.III.0/12 Schedule of Fees under the Bavarian Cost Act)

If an exemption is required for the implementation of maintenance measures or for the proper agricultural, forestry, or fishery use of land: free of charge

The respective processing time of the parties involved in the proceedings is the determining factor in calculating the costs.