Tree protection statute

from Wikipedia, the free encyclopedia

The tree protection statute (also wood protection statute , tree protection ordinance , tree protection ordinance ) can be issued by a city or municipality in order to stipulate the requirements for private property owners under which they are allowed to fell trees on their property. This is primarily intended to protect the mature trees that are important for the cityscape and urban climate / urban ecology .

It is a legal instrument that is located next to the intervention compensation regulation and binding land-use planning (development plan) and must be viewed separately from these. Tree felling may therefore have to be coordinated with several authorities on the basis of the various legal sources . A tree protection statute is i. d. As a rule, in addition to the definition of the protection criteria, the basis for the establishment of replacement plantings that compensate for any necessary felling (e.g. in the context of traffic safety , due to acute danger from the condition).

Protection criteria

As a rule, individual trees above a certain trunk circumference (40 cm - 100 cm) at an accessible height above the roots are classified as worthy of protection, which of course also has a certain age (from approx. 25 years) and thus a clear local ecological effect (shadows, Air filtration) conditional. In addition, apparently arbitrary criteria are used, such as As the distinction between old fruit trees and partly no protection appropriate and other trees, with the former, although from an ecological point of view, "inferiority" of high trunk -Obstbäumen is not justifiable. An example of this is the change in attitudes towards the ecological relevance of orchards since the late 1960s: if clearing premiums were even paid up to 1974 , the value of such biotopes is undisputed today .

National

Germany

The tree protection statute is possible through Section 29 of the Federal Nature Conservation Act (BNatSchG) “landscape components” and corresponding state laws. For example, in North Rhine-Westphalia the legal basis is § 49 State Nature Conservation Act NRW and § 7 Municipality Code of North Rhine-Westphalia , in Rhineland-Palatinate § 20 State Care Act (LPflG).

The proportion of municipalities with tree protection statutes is declining. As a rule, in addition to the other tree protection regulations that already exist, citizens' increased environmental awareness is invoked, which makes a tree protection statute unnecessary.

Austria

In Austria there are B. the municipality of Salzburg with an explicit tree protection ordinance, the city of Salzburg , according to which trees are protected from a certain age or a certain trunk diameter.

The federal state of Vienna also has a tree protection law "Law for the protection of the tree population in Vienna (Vienna Tree Protection Law)".

See also

Web links

Individual evidence

  1. ↑ http://www.igsz.eu/BSS/BSS-FAZ1994.pdf Tree statutes alone are not enough
  2. ^ Bonn tree protection statutes . Bonn. Accessed on September 29, 2014. see §1a Scope
  3. ↑ Tree felling - exceptions to the tree protection statute . Dusseldorf. Retrieved September 29, 2014.
  4. ↑ a b "1974: Vienna Tree Protection Act"
  5. ↑ WDR: Wiese: meadow orchard. May 31, 2019, accessed October 6, 2019 .
  6. ↑ Harald Lachmann: Invitation to Apple Paradise (New Germany). Retrieved October 6, 2019 .
  7. ↑ Text of the State Nature Conservation Act NRW
  8. ↑ Text of the NRW municipal code
  9. ↑ "2007: Cities overturn the tree protection" , Initiative news education