Tree laws in Ireland-- Legal requirements for tree felling.

GPI

Tree laws in Ireland-- Legal requirements for tree felling.

Can I cut down an old tree Question

Are trees protected and can I be charged with a criminal act if I kill one. Question

Can I clear a tree from the front of my house building site Question

A tree seems to be in danger of falling in on my roof, can I remove it

Do I need a licence or some form of paperwork before I cut down a tree

A site has been bought near me, is there any law I can refer to which could prevent the cutting or destruction of the trees within the area

These and other similar questions are topics which regularly come up in discussions with gardeners, house owners, builders, farmers etc. At times the debate on these subjects can become quite heated, so I have decided to show where the law stands on these issues.

Section 37 of the Forestry Act, 1946. http://www.irishstatutebook.ie/1946/en/act/pub/0013/index.html

Section 37 of the Forestry Act, 1946 states that it is illegal to uproot any tree over ten years old or to cut down any tree, unless notice of the intention to do so has been given in accordance with the Act.

Notice of intention to fell or uproot trees must be given in writing on a form known as a Felling Notice which may be obtained from any Garda Station or directly from the Felling Section of the Forest Service. On receipt of a completed Felling Notice, an Order prohibiting the felling of the trees is issued. This protects the trees in question while consideration is given to the issuing of a felling licence.

The prohibition on the uprooting or cutting down of trees does not apply where:

it is a hazel, apple, plum, damson, pear or cherry tree grown for the value of its fruit or any osier ( Note - this refers to any one of several willow species especially where grown for their rods for basket-weaving etc.).

the activity is covered by a limited or general felling licence and during the period during which such authority is exercisable.

it is less than 100 feet from a dwelling other than a wall or temporary structure;

it is standing in a County or other Borough or an urban district.

The tree is standing on land held by the Minister for the purposes of this Act

Other exceptions apply in the case of road construction, road safety and Such as the case where a tree is uprooted or cut down by direction of the Minister for Posts and Telegraphs on the ground that it is a danger or obstruction to telegraph or telephone wires. Another case could be where the tree is certified by a local authority as dangerous to road traffic on account of age/condition or in connection with road widening or improvement schemes or, building or constructional work

In the case of electricity supply operations the tree can be cut down under section 34 of the Local Government Act 1925 or section 98 of the Electricity Supply Act 1927

Penalties for illegal felling can be severe, ranging from fines of up to a maximum of €63.49 per tree to imprisonment for up to two years. In addition to any fine which may be imposed by the Court, the Minister may, by Order, require the person convicted to replant.

In 1989, the number of reported illegal felling cases was six. By 2002, this number had risen to 73. The figure for 2003 was 62 and for 2004, 60.
Many of the cases coming to the notice of my officials involve small-scale felling of trees by farmers and developers. It is my belief that the number of cases could be reduced significantly if people knew more about the circumstances in which a felling licence is necessary.

So there you have it, a brief overview of the legal requirements for tree felling in Ireland.
If you have any doubt as to the need for a felling licence or a need for clarification in relation to any aspect of this matter, contact should be made with the Forest Service - Felling Section, Department of Agriculture & Food, Johnstown Castle Estate, Co. Wexford; Tel: (053) 60170/60174/60175/60181.
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Blow-in · Hazel Tree Joined: 29 Jul 2008 Posts: 9 Location: Co Sligo

GPI

Blow-in · Hazel Tree Joined: 29 Jul 2008 Posts: 9 Location: Co Sligo

Thanks to GPI for further clarification by pm .
The cause of my confusion was the meaning of the word "exempt" or , more to the point , what the trees are exempt from .
The regs mean that the trees are exempt from destruction . According to my education this would be a very unusual way of saying that they are protected .
I had taken it that they were exempt from the regulations which protect other trees , so they could be cut down . I think I am correct in saying that would be the normal interpretation in this context ----- if you are in the uk . Which the trees obviously aren't !
It all makes sense now that I understand how that word is used in Ireland . Many thanks Wink

.
Reminds me that I once spent days looking for the "ditches" which border my bit of bogland . Ditches are obviously cuts in the ground , aren't they ? No . In IE they are walls . Blowins take note Wink

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newabode · Hazel Tree Joined: 19 Aug 2008 Posts: 1

What are the legal requirements for trimming branches? A neighbour has overgrown evergreen trees and the branches have grown over the boundary fence and need to be cut back.

paddy-s · Hazel Tree Joined: 01 Aug 2008 Posts: 24 Location: Sligo

I believe you have the right to cut any branches that overhang your property but I would ask the neighbour first, firstly so that you are the nice neighbour who respects others and secondly that they might get the job done and save you the labour and disposal costs Smile

cooler · Silver Birch Tree Joined: 15 Jun 2006 Posts: 174

Basically, you have the right to trim the branches back to your neighbour property line. But here is the odd bit, you must return the trimmings to the neighbour as it came from his tree. The same thing with fruit, if his apple tree drops an apple in your garden you are not legally entitled to eat it as it came from his tree, even though the branch holding it may have spread into your property.

newabode, I would ok the trimming with your neighbour first as to how hard you are going to cut back etc. I have been told by a legal eagle friend that If the tree dies as a result of your poor trimming, your neighbour may have the right to damages from you. Shocked

Rach · Hazel Tree Joined: 04 Dec 2007 Posts: 27

Hi GPI,

Just a question about apple trees.
It seems that you don't need a permit to cut them down, even if they are well over 10 years old.

South Dublin County Council have pulled down most of Baldonnell Orchard (they created a golf course).
The remaining trees are not being maintained and as far as I'm aware the council intend to chop these down also.

I'm not sure how old the trees are, maybe 20/30 years old. There's a few different varities.

Amazing when everyone is talking about getting food locally and the cost of transport.

It's really lovely to walk around among the apple trees and it would be very sad to see them go.

Also on trees, what's the storey with all the hedgerows being pulled up?
Is it just a matter of routine paper work getting a felling license?

Rach