Most people are aware that tree pruning is only permitted within certain periods of time. However, this also applies to all other trees. We explain when you can trim your hedges without getting in trouble with the law.

What does the law say?

Since 2010, there has been a uniform regulation for the entire Federal Republic of Germany on the question of when a hedge trimming is permitted or, above all, forbidden. While green waste was previously restricted by state law, the Federal Nature Conservation Act, or BNatSchG for short, now applies nationwide.

Paragraph 39 regulates in its fifth paragraph that between March 1st and September 30th it is not allowed to cut off or put on the stick.

What does that mean for me?

Legal texts are not always formulated clearly and understandably. Therefore, it is now necessary to examine this legal requirement in terms of what it means for all of us and for every single hobby gardener.

The Hedge"

First of all, what is to be considered a hedge at all is important. Depending on the topic and region, a wide variety of terms can describe one and the same thing:

  • hedge
  • living or green fence
  • green enclosure
  • bushes / bushes
  • Other designations

In general, it is about a regulation that describes trees and shrubs below the tree line.

The regulated measures

Next, of course, the question of what is meant by pruning and “putting on the stick” plays a role. This question can be answered quite clearly and bindingly. The Federal Nature Conservation Act ultimately regulates all work that:

  • change the growth form
  • reduce growth volume
  • affecting main shoots
  • involve a complete clipping back to a minimal rootstock

Attention: Although it is clearly possible to determine the legally regulated measures, there is always a certain gray area between prohibited and unregulated, i.e. permissible work. In order to avoid legal conflicts, you should choose the safer option when in doubt and limit borderline work to the specified permissible periods.

What is still allowed?

However, a ban on pruning and clearing work does not mean that you are not allowed to carry out any work on your hedge at all. Even on the contrary. For reasons of neighbor protection, you are even obliged to regularly cut back hedges and prevent the property line from overgrowing. Therefore, general shape and care cuts, i.e. the removal of overgrown shoot tips to preserve the shape of the hedge, are permitted all year round.

No rule without exception

This is where it gets particularly difficult. Because - how could it be otherwise - there are exceptions that can also prevent work that is permitted all year round. It is helpful to look again at the Federal Nature Conservation Act:

Paragraph 39 states in the first paragraph that it is forbidden to “unreasonably disturb or destroy habitats of wild animals and plants”.

Specifically, this means that any form of bird's nest, rodent dwelling or other immediate habitat of wild animals means the end of every hedge trimming. For example, if you notice a bird's nest in your hedge, you must wait until the breeding season is over and the nest has been abandoned.

Attention: Nests are often difficult to spot, especially in conifers and bushes with dense foliage. Therefore, prior to any pruning during the breeding season, be sure to thoroughly inspect any bushes to be pruned before jumping into action!

The Federal Nature Conservation Act stipulates that only "reasonable reasons" are able to overturn the bid. From a legal point of view, however, such a reason only exists if:

  • danger for body and life
  • reasons of general interest
  • traffic safety reasons

exist. For private individuals, the ban on cutting animal housing is therefore legally binding in almost all cases.

consequences

Anyone who violates the specified requirements of the Federal Nature Conservation Act commits an administrative offence. Anyone who ignorantly or even intentionally cuts back outside of the permitted time phase or carries out shape cuts despite a bird's nest can be fined by the responsible regulatory authorities. The amount depends on the type and scope of the specific violation and can reach into the 5-digit range.

Category:

Garden design