Don’t chop in a rabbit – fines for gardeners for cutting trees in their site
The plot is owned but the trees cannot be touched – as the law protects valuable breeds
True story
An unpleasant story happened to the resident of Vladivostok. He cut down an oak tree on its spot with a rotten base inclined towards the house. According to the owner of the estate, the tree threatened to fall in good winds, injuring the house or crippling someone.
The owner dared to cut down the oak tree in his website without creating “permission to demolish green spaces”. He explained this by the fact that “it’s quite expensive, and for a long time you need a whole package of docks, including the FI R-UP top for the whole site, everything is fixed with the Raspberry bushes. A great work is great and the price is reasonable. “
After the tree was cut without paperwork, some kind of “friendly” person showed vigilance: they drove to the house, they confiscated the chainsaw, and then I had to give explanations to the police department.
Now the citizen is subject to registration of the protocol under Article 8.28 of the Code of Administrative Offenses “Illegal cabin, damage to forest plantations or unauthorized digging in the forests of trees, shrubs and vines”. Or even criminals under Article 260 of the Criminal Code “Illegal cutting of forest stands”.
What refers to valuable breeds
In the history of the site, to rule out the above situation, the site owner is best to get a keg ticket.
Since the sawn oak refers to valuable wood species. Also, it was necessary to prepare photos or make a video confirming that the tree was really dangerous and that it had to be cut down. After that, one could contact the Ministry of Emergencies, which is obliged to respond somehow.
When we talk about a cutting ticket, in most cases the design is free. Why is this document required? The fact is that there is no unambiguous ban on woodcutting on its own site.
Without problems, you can reduce the already fallen trees, where the roots are still clinging to the ground, as well as trees of irrelevant species such as aspen, garden apple trees or pears. But for pruning trees of valuable breeds, such as oak, beech, ash, cedar, linden, grave, elm, black alder, cashta n-sowing, it is still better to get a barrel ticket.
However, for the saw without decoration (for undeniable wood) there are additional restrictions:
- You cannot cut down many wild trees at once without permission. According to prevailing practice, the word “little” means 2-3 trees.
- Everything else can be qualified as “many”.
- Trees planted by the owner or his predecessors may reduce in any amount.
- Pressing trees should not be home to birds and animals listed in the red book.
- It is highly desirable to plant a new tree in return for pruning.
Separately, the following should be noted: you cannot reduce the trees if they are part of the forest. In accordance with Article 6 of the Forest Code, forests can be located on agricultural lands and other lands.
This is possible if a citizen’s location is partially in the forest area, and the cadastral map indicates that the forest is state property and belongs to the forest fund.
In these cases it turns out that the country belongs to a person and that the trees are a forest that belongs to the state. Therefore, a significant fine for a fake tree can be obtained. So is the situation.
In general, you have to understand the following: The owner of the country has the right to own, use and dispose of his property so that this does not damage the environment. This is shown in paragraph 3 of Article 261 and paragraph 3 of Article 209 of the Citizens’ Code. Therefore, the owner of the location, if he opts for the spile of a tree on his website, must first make sure that this does not damage the environment. Secondly, so that the relevant legislators are not violated.
Dee for individuals
If the owner of the location damages nature through his actions or violates the requirements of the law, he is obliged to compensate for the negative effects and the answer to violation of the law.
Most of the time, the perpetrator will be fined. In accordance with the already mentioned article 8.28 of the administrative code for the citizens for illegal cutting without the use of mechanisms and equipment, a fine of 3-4,000 rubles is provided.
When the technology has been applied, the fine increases to 4-5,000 rubles with seizure of fake trees. Mechanisms, tools and devices used for cutting can also be confiscated.
In addition to the fine, you can receive criminal punishment in accordance with Article 260 of the Criminal Code. In the event of cutting, which caused damage to a considerable amount (5-50 thousand rubles), provides:
- or a criminal fine of up to 500,000 rubles or in the amount of the convicted person for up to 3 years;
- or mandatory work up to 480 hours;
- or correction work up to 2 years;
- or forced work for up to 2 years with a fine of 100 to 200,000 rubles or without them;
- Or prison sentence of up to 2 years with a fine of 100 to 200 thousand rubles or without them.
With large (50 to 150 thousand rubles) and especially large (over 150 thousand rubles) size, criminal liability is even harder.
Practice shows that you can get a birch with very small sizes under the “criminal”. For example, with a fuselage diameter of 16 cm at a height of 1.3 m, it can easily count about 5,000 rubles. And the criminal obligation begins with this amount …
How to shorten according to the law – what is a throat ticket and how you get it?
In order to reduce a tree and at the same time not become a defendant in an administrative or criminal case, it is best to experience the rules for cutting trees in areas in local positions that are responsible for the environment.
If the website is in the village, you should contact the local administration. If the location is located in SNT, then the board of the Garden Partnership. When we talk about a tree at a location in a residential building, you have to contact an administrative company or HOA.
When we talk about an emergency tree that threatens security, you have to prepare a photo or video evidence. And then you can call the Ministry of Emergency. Similarly, you can do this if the dangerous tree is behind the fence, but close to the individual place. If the tree is not an emergency, it is necessary to arrange a cutting ticket.
A drilling device is a document on which the unhindered deforestation or trim bushes are carried out in a certain area.
You can create this document via the Public Services portal. The provision of this public service is free of charge. The deadline for registration of a bandage ticket is 28 working days.
The portal lists all the necessary documents for receiving a log. These are in particular the applicant’s passport and documents that confirm ownership of the website. After examining the application by the legitimate positions, the issue of the issuing of a logbook in paper form is decided.
Conclusions – do not cut into a hurry
In summary, we can say the following: If there is a “disturbing” tree on the site, it is better to clarify it with the administration before removing it, but is this possible? And how? This saves you time, nerves and money.
Is it possible to fell trees on the site and how to earn no fine?
If you have recently become the owner of a property, you will probably plan to start your suburban object as soon as possible according to your wishes. But on the way to the dream, there can be obstacles that overshadow the joy of creating a “new world”. This happens when the terrain is covered with trees and bushes. In this case, you should not immediately pick up the saw and ax: This can have uncomfortable consequences.
How do you free your location from wooden vegetation?
- Is it realistic to free the terrain of trees or is it better to contact experts?
- How are areas cleared?
You pick up the forest – fines fly
For a felled tree, administrative liability and fine – from 3-4 thousand rubles for citizens and up to 300 thousand rubles for legal entities. And if you have seen a lot and even old trees particularly valuable, you have the chance to come across the criminal code and to visit “lumberjack training” for several years.
The tree that her grandfather planted on her property does not belong to them either.
Don’t hurry to make round eyes: a birch or an old maple under your window, in your country, even planted by your grandfather, does not automatically become your property, what you can do, what you want. There is no reason to outrage yourself about domestic civil servants: green areas are protected by the legislation of many countries. For example, in Germany you can pay a fine of up to 50,000 euros for a felled tree. And if you look at the situation impartially, it is probably correct: you cannot simply dispose of someone else’s life just because it bothers you or chainsaws are available freely in stores. Even if it’s just a tree life.
Sometimes trees are a real danger – it is better to prevent this in advance.
Of course, the situations are different: Trees on the premises can threaten buildings or power lines where they grow as a building site as a site, and disrupt the cultivation of crops. But you never know why the tree can be superfluous! And you can free the area of trees. And legal obstacles serve as a “brake” that makes the landowner think that it is not worth pulling the chainsaw starter bravely. Maybe it is worth saving a sickly old tree; Cut only disturbing branches in a healthy man; Plan the construction differently. A fairly large, but still young tree that you can try to transplant to a place where he doesn’t bother your ideas.
Unknow to the law is not an excuse
With regard to the property right to property, the civil law says: “The owner of a property has the right to use everything that is located above and below the surface of this property. “. However, the end of the sentence sounds like this:” … unless otherwise determined by laws on the use of airspace or other laws and the rights of other persons are not violated “(Article 261, Paragraph 3 of the Civil Code the Russian Federation).
- Article 260 of the Criminal Code of the Russian Federation “Illegal Cases of Forest plantations”;
- Federal Act “Environmental Protection” of January 10, 2002 No. 7-FZ;
- Administrative Administration Code (CAO), Article 8.25-8.28;
- Ordinance of the Federal Forest Staff on December 5, 2011 No. 513 “To approved the list of species (species) of trees and shrubs, the impact of which is not permitted”;
- Forst Code of the Russian Federation.
Unknowledgment of the laws does not release the responsibility and finally: Large individually standing trees can turn out to be geodetic orientation points and are taken into account and recorded on a variety of maps from cadastral engineering to the military. Therefore, before sawing trees and shrubs, you must apply for approval from the district administration’s ecology department on your property. The application must be given the reason for the need to demolish the tree or the trees, the approximate dimensions (trunk diameter at a height of about 1 m) and the breed.
Of course, many in many areas, especially in those that are far from the capitals, have never heard of any permits from their own location. But you shouldn’t hope that if your coupler, neighbor or acquaintance had a tree without any problems 10 years ago, without asking someone, and he had nothing to do so, then the same will happen to you. Everything changes, including laws. In some regions, the environmental police began operating on the last decade – a special unit within the Interior Ministry. And watchful comrades, driven by thoughts to protect the environment or harm the next, there is enough everywhere.
If there are no special construction measures in your area, the settlement administration simply gives you a written permit that protects you from an environmentally conscious neighbor. And if everything is serious, a specialist will break up for the place that evaluates the trees you do not need and the actual need to remove it. He creates his statement on the basis of which you receive (or not) a logging ticket on the basis of the corresponding fee.
The cost of removing an old tree corresponds to the costs for planting several new trees, in addition to the fees you may also have to pay the costs for the restoration of green spaces. In Kazakhstan, for example, these activities are estimated to be 1: 5 (that is, the cost of removing a tree corresponds to the price for planting and growing five new ones), and it is talked about increasing this amount to 1:15.
And yes: If you want to contact the services of professional sawmills, they only start your work after you have received the approval. Regardless of this, it is worth noting that in a situation in which a tree disturbs it but does not grow in its country (e.g. on the municipal country or behind a fence of a neighbor), its owner must receive permission to remove it .
The owner must obtain the approval to tear down the tree.
Do it yourself – or a professional?
After we have dealt with the legislative part, we switch to practical turning – is it possible to remove the website itself from the trees, or is it better to contact professionals? The days passed when the summer resident only had a manual hack saw in his arsenal. However, buying the most powerful chainsaw does not make you a professional lumberjack.
The presence of a professional tool does not make you professional
In my opinion, it is worth processing the location from the trees only when the location is covered with shrubs and young wooden growth, and not with centurie s-long trees. Or if you master virgin landings if neither you nor your neighbors, buildings or landings. Then you can accuse the trees by simply cutting them at the base.
In our market for this case, you can choose a tool for your goals. Take a look at the saws, petrol saws, electrical saws and battery saws.
