The Content Of The Article:
There are always discussions about permitted times for cutting trees, and for deep cutting measures it is actually controversial whether the summer cut ban also applies in the private garden. There are other rules that also regulate doing in the home garden, below is also the relationship of these whole regulations. And that it is not about excess bureaucracy, but about protecting nature and the environment, as it now demands the majority of society.
The trees in the private garden and the nature conservation law
The trees in the private garden are treated according to § 39 Abs. 5 Nr. 2 BNatSchG: It is forbidden to use trees outside the forest, short rotation plantations or horticulturally used areas, hedges, living fences, shrubs and other trees in the period from 1st March to be cut off or put on the stick by 30 September; Gentle form and care cuts are permitted to eliminate the growth of the plants or to maintain the health of trees.
Decisive here is the exact interpretation of the wording: If the house and allotments is a "horticulturally used area", the tree in the garden is not in the area that is the prohibition of § 39 paragraph 5, and you can cut your trees when you want it (hedges, live fences, bushes and other trees).
This is exactly how the Federal Association of Gardening, Landscaping and Sports Facilities Construction e.V., which reported shortly after the law came into force, what it has "achieved": The definition of the term "horticulturally used area" in the Federal Nature Conservation Act is now applied analogously to plant protection law. According to the article in baulinks.de/webplugin/2010/0671.php4, the BGL had "demanded" that the term "horticulturally used base areas" also includes allotments and allotments. The Federal Environment Ministry had informed the state ministries accordingly, in North Rhine-Westphalia and Hesse there were "first consistent reactions to it", the BGL "have called on all states to follow this interpretation and to write corresponding statements.
This citizen with normal democratic consciousness deeply disturbing articles (an association "demands" the power to interpret how a legal term is to be interpreted "reaches" the recognition of its definition and then calls on the states to follow its interpretation of the term and corresponding pronouncements also mentions the justification for this behavior reminiscent of dictatorial regimes: According to the BGL president, the BGL view of things creates action security for the companies involved in garden, landscape and sports field construction.
The definition of legal terms by private individuals with regard to their own interests creates legal certainty? An equally strange and dangerous view, for the purpose of law is precisely to balance the interests of all members of society.
This is not the case: the Federal Agency for Nature Conservation does not necessarily comment on this term in the sense of the BGL: "used for horticultural purposes" and thus excepted from the pruning ban, in particular areas of commercial horticulture. In addition, many federal states did not treat their business economics when executing the regulation, but only privately used home, ornamental and allotment gardens as excluded from the ban (bfn.de/0320_gehoelzschnitt.html).
As your state law interprets the term "used horticulture", you would have to explore each separately, under de.wikipedia.org/wiki/Landesnaturschutzgesetz find the laws, but you can also ask your conservation authority. If your national law interprets § 39 Abs. 5 Nr. 2 BNatSchG in the sense of the legal protection purpose, you may plant the trees in the garden (and hedges, living fences, bushes and other trees) in the period from 1 March to 30. September neither cut nor put on the stick.
The protection of species
According to the Federal Agency for Nature Conservation, in addition to the o.g. Cutting ban also more extensive rules apply:
§ 44 Abs. 1 Nos. 1 and 3 BNatSchG as regulations of the special protection of species: Wild animals of the specially protected species may not be injured, killed, taken as a young animal from nature, damaged and also their breeding and resting places may not be removed / to be damaged.
Particularly protected are all European bird species, breeding and resting places are the bird nests, whether in trees, hedges, living fences, bushes and other trees; no matter if inside or outside the garden, no matter if much or little cut - if you flatten the bird's nest while cutting, it's your turn, with the result of interesting fines up to 50,000, - Euro.
As you will see below, such regulations are based on the broad consensus of our society, which, firstly, means that authorities and courts are more concerned with enforcing legislation and, secondly, that people are becoming more sensitive to attacks in their communities responding.
The municipal tree protection statute
But the limitations are not really bad: According to all the laws listed so far you can prune your trees in winter always and as much as you like and from March 1st to September 30th do all the necessary grooming, as long as there are no birds (or others) Wild animals, see below).
As far as deep cuts are concerned or the complete removal of a tree, it is first necessary to determine the interpretation of section 39 (5) no. 2 of the BNatSchG - and then your Municipal Tree Protection Ordinance, which meets the most specific regulations, will be applied.
Most tree protection regulations do not regulate much more than the above for normal cutting measures, it only becomes interesting when the "cutting" becomes a "felling", and here the municipal statutes have completely different ideas as to which tree species are protected from when. But even in relation to the normal care cut surprises could lurk, whenever you want to cut not only with the scissors individual branches, but a lot and with loud engines want to take action, in case of doubt a call to the local Environmental Agency.
There you are also advised on the conditions of a Fällgenehmigung when a tree / branch threatened passers-by or other fellow citizens without cut or if the cut could be damaged passers-by or other fellow citizens, and what should then be done.
Nature conservation laws and private garden
Basically to the relationship between nature conservation laws and private garden: In his private garden, a property owner can do what he wants - directly from the Basic Law, Art 2 para. 1, right to free development of the personality, including gardeners, and Art 14 para, the property is guaranteed, once also on the garden floor and the plants growing therein.
But Art 2 applies only to the extent that the gardener "does not violate the rights of others and does not violate the constitutional order or the moral law" (Paragraph 1 2nd half-sentence). And Art. 14 also says in Paragraph 1 that the content and limitations of property are determined by the laws, and in Paragraph 2 that property is obligated and its use is also to serve the common good. Restrictions on property are quite possible, and the idea behind this regulation is that the government should work for a democracy based on the equitable participation of all and not on the growing gap between rich and poor (as is actually happening, Oxfam Study January 2015: 2016 1% of the world's population will own 50% of the total wealth, oxfam.de/presse/pressemitteilungen/2015-01-19-oxfam-social- inequality-growth-shocking-fast).
That only incidentally, the doing and letting in the private home garden can thus be regulated by the Federal Nature Conservation Act (and other laws). In the interests of all citizens, a legislator in a democracy must always legislate in a specific area if the protective purpose of the law in question requires regulation.
This can also be done by adapting a law to a changing social reality, by the legislature or by interpretation of a rule by the courts. So says z. For example, the target description of the BNatSchG in Section 1 (6) states that "horticultural areas are to be preserved". It would be quite conceivable that a court classifies the private garden here as a horticulturally used area in order to preserve it as a green space, if it would be fashionable in 2020 to concretate its garden over the entire area and to occupy it with pollutants of artificial turf.
Currently, the BNatSchG contains hardly any regulations concerning the controversial "pruning section" that affect the private garden. Except for § 39, General Protection of Wildlife and Plants; however, it engages quite extensively in the private garden:
- Wildly vexing wild animals without reason, injuring, killing, is forbidden, even in the garden
- Their habitats must not be impaired or destroyed without good reason
- This basically affects the whole animal life and the phenomena that it forms in your garden, and the reasonable reason for the intervention is interpreted rather narrowly by the responsible nature conservation authorities.
All of these regulations are an expression of the will of our society, which is becoming increasingly aware that healthy nature and the environment are among the most important livelihoods. One in five Germans sees environmental issues as one of the "most important problems Germany faces". For around a third of the respondents, (healthy) nature and the environment are an important part of a good life, liveable design of the environment is one of the challenges of our future.
About half of Germans are actively involved in environmental and nature conservation, especially (with their own commitment?) Or at least as an integral part of everyday life. Almost two-thirds of the respondents (63 percent) regard sufficient environmental and climate protection as a basic prerequisite for mastering the future tasks of humankind and globalization. While in 2010 a restriction of environmental protection in favor of economic concerns was considered necessary or at least accepted, now largely economic action without environmental damage is considered as the only viable solution.
All in all, environmental, environmental and climate protection is given increasing prominence in society - that our federal government is committed enough in these areas, however, only 34 percent of citizens (data from de.statista.com/statistik/daten/studie / 170945 / survey / interest in nature conservation and environmental protection + Study by the Federal Environment Agency in March 2015, umweltbundesamt.de/sites/default/files/medien/378/publikationen/umweltbewusstsein_in_deutschland.pdf)
But after all, the legislature has done something, from March 1, 2010, we have the new Federal Nature Conservation Act, which declared in its § 1 nature conservation and landscape management to the general social goal, because "nature and landscape due to their own value and as a basis for life and health to protect the people also in responsibility for the future generations in the populated and unpopulated area in accordance with the following paragraphs are "(§ 1 paragraph 1).
It prescribes in many details how nature and landscape are to be protected. In § 5 para. For example, agriculture is required to observe the following principles of good practice in agricultural use, including: a. while
- "sustainable soil fertility" (meaning sustainable management that preserves soil fertility) and long-term usability of the land
- the natural features of the land (soil, water, flora, fauna) are not compromised beyond what is necessary to achieve a sustainable yield
- Animal husbandry is in balance with plant production
- harmful environmental effects are to be avoided.
Section 5 (3) deals with the forest, which in recent decades has suffered greatly from rapid afforestation with alien trees and processing with heavy machinery. For example, with the following requirements: Forest use is the aim of pursuing the goal of establishing semi-natural forests and sustainably cultivating them without clear cuts, with a sufficient proportion of local forest plants.
The Federal Nature Conservation Act is in principle also directed at every citizen who is called upon to "contribute according to his possibilities to the realization of the aims and principles of nature conservation and landscape management and to behave in such a way that nature and landscape are not unavoidably affected by the circumstances" (§ 2).
Conclusion: Cut care on trees is always allowed, as long as you do not harm the surrounding nature. Whether you are allowed to prune or cut down trees in the summer in depth, would be under consideration of state regulations to explore. But you can lay such cutting measures in the winter, then you only have to ask your local nature conservation authority (commissioning a specialized company does not release you of the responsibility).