Tree protection statutes - Frequently asked questions
I want to cut down a tree on my property, what do I have to consider?
If it is a protected tree in the built-up inner area of the LH Wiesbaden, a felling application must be submitted. Deciduous trees with a trunk circumference of 80 centimeters or more and conifers with a trunk circumference of 100 centimeters or more are protected. The measurement is taken at a height of one meter. Fruit trees are not protected, with the exception of walnut, sweet chestnut and speierling. The application can be submitted online. Please have meaningful photos, a site plan and, if you are not the sole landowner, a corresponding declaration of consent / power of attorney ready. These documents must be attached to the felling application. If the felling is in connection with a building project, the relevant file number of the building application will also be requested. If your property is located in a specially protected area (listed building, landscape conservation area, development plan, etc.), this must be stated in the application.
My tree has died, do I still have to submit an application?
Yes, but for us this would normally be a reason to approve the felling.
The tree to be felled is not in the built-up inner area. Do I also have to submit an application in this case?
Special protection regulations may also apply in the so-called outer area of Wiesbaden if the tree is a landscape-defining element, is part of a biotope complex or provides a special habitat for protected species. In these cases, the Lower Nature Conservation Authority decides on the permissibility of an intervention through significant pruning or felling. To clarify whether the involvement of the lower nature conservation authority is necessary in the case in question, an application should also be submitted and the process will be forwarded by us to the correct person in charge.
What happens after I have requested the felling?
The Environmental Agency will check your application and, if necessary, arrange a site visit with you to inspect the tree. You will then receive a written decision. This can take up to six weeks.
What does the permit cost me?
The permit is currently free of charge.
What if I remove or cut a protected tree without permission?
Then you are committing an administrative offense, which can be punished with a fine of up to 100,000 euros.
If the felling has been approved - at what time am I allowed to fell?
In principle, felling work should only take place outside the breeding season, i.e. only from October 1 to February 28, unless the site is used for horticultural purposes or there is an acute danger. At all times, you must observe the protection of species, which can be particularly affected during the breeding season.
Species protection means It is prohibited to remove, damage or destroy developmental forms or breeding sites of wild animals of specially protected species. Species under special protection include, for example, all European bird species, squirrels and many insects.
If you are planning to fell trees, the landowner is responsible for ensuring that the regulations on species protection are not violated. For this purpose, it is necessary to have a detailed inspection of the tree crown - preferably with a cherry picker - carried out by a competent person in good time before felling. An inspection of the tree from the ground often does not provide sufficiently reliable information, especially when it is in leaf or in the case of conifers. If the inspection reveals that species protection concerns are affected and it is unavoidable to postpone felling, e.g. for reasons of traffic safety, it is essential to consult the environmental agency before starting the measure.
The branches of my neighbor's tree protrude onto my property, can I simply cut them back?
No, one-sided pruning generally constitutes unauthorized intervention in the tree population and can lead to lasting damage to the tree. The tree protection statutes of the City of Wiesbaden oppose this. This means that even in these cases, only crown maintenance (removal of dead wood and rubbing branches) is permitted. If pruning measures are intended beyond this, an application for pruning must be submitted to the Environmental Agency.
Application in accordance with tree protection statutes in the built-up urban area (inner area)