The tree protection statute applies to all trees in built-up inner areas, including Wiesbaden's suburbs. Outside of built-up areas, other legal regulations apply, such as the Hessian Nature Conservation Act.

The following are protected:

• Deciduous trees with a trunk circumference of 80 centimetres or more and
• Coniferous trees with a trunk circumference of 100 cm or more, measured at a height of one meter above the ground.

Fruit trees are excluded from this protection, with the exception of walnut, sweet chestnut and speierling.

The following measures can also be carried out without authorization - as long as they are carried out professionally:

• removing individual dry or dry branches without impairing the growth or characteristic appearance of the tree.
• Measures to avert immediate danger.
  A tree may be felled without prior approval if there is an imminent danger, for example an acute risk of falling onto a road or house. In this case, the felling must be reported immediately afterwards and its necessity documented in words and pictures.
  

The tree protection statutes are violated if:

1. protected trees are felled without authorization,
2. the roots, trunk or crown of a tree are damaged so that the tree could become diseased or die,
3. measures are carried out that change the characteristic appearance of a tree and restrict its vitality.

Overhanging branches, leaves on the lawn or falling fruit can be a nuisance. Some people then reach for a pruner and invoke their right to self-help (§ 910 BGB).

But beware: in Wiesbaden, this right is restricted by the tree protection statutes. Anyone who simply cuts branches is committing an infringement.

The overhang does not justify removing the tree. In densely populated urban areas, it is normal for tree crowns to overgrow property boundaries. It is also not possible to remove the entire boundary overhang. This would have a lasting negative impact on the tree and lead to further problems.

Foliage and fruit are vital manifestations of a healthy tree. According to supreme court rulings, they are to be accepted - also by neighbors.

During construction work - such as demolition, new construction or conversion - it is sometimes unavoidable that trees have to be felled. A permit must also be applied for in these cases.

Special protective measures apply to the trees and shrubs to be preserved in the surrounding area. These requirements are set out in the DIN 18920 standard and in the guidelines for tree protection on construction sites (R SBB) and must be complied with. The Environmental Agency will be happy to advise you.

Exemptions and exceptions from the tree protection statutes are granted if

• a tree is diseased,
• the tree poses an immediate danger or the health of residents is impaired. And it is the sole cause of the impairment to the health of residents.
• a permitted construction measure would not be possible or only possible with difficulty,
• necessary windows are unreasonably overshadowed,
• public interests prevail.

In principle, however, once a tree has been removed with permission, a replacement planting should be carried out as compensation, and in some cases this is also prescribed.

If you require a felling permit, please contact the Environmental Agency of the City of Wiesbaden. You can find the appropriate application via the link below.

You can also find more information in the brochure "Trees in Wiesbaden", which explains all the important contents of the tree protection statutes. It is also available in printed form from the city's environmental store.