Permit for the felling of trees growing outside a forest

Where you can sort this out:

Plzeňská 134, Příbram I (Natura Building), 1st floor, Environment Department

Other necessary documents, information, etc.:

• The cadastral area and parcel number where the trees are located, a brief description of the trees’ location and a site plan,
• proof of the applicant’s ownership, tenancy or right of use in respect of the relevant land, if this cannot be verified in the Land Registry, including the landowner’s written consent to felling, if the landowner is not the applicant; this does not apply to an application for a felling permit or for a binding opinion on the felling of trees in connection with a project for which the purpose of expropriation is specified by a specific legal provision,
• a specification of the trees to be felled, in particular the species or, where applicable, the genera of the trees, their number and the circumference of the trunk at a height of 130 cm above ground level; for the felling of dense stands of trees, the area to be felled may be specified instead of the number of trees to be felled, stating the species or, where applicable, the genus composition of the trees; photographic documentation is welcome,
• the reasons for the application and a proposal for replacement planting,
• for further details, see the form.

Basic information:

This is a procedure where the owner (or tenant, or other authorised user with the owner’s consent) of a plot of land intends to fell a tree or shrub. A felling permit is not required, provided that the trees are not part of a significant landscape feature, a replacement planting scheme or a tree-lined avenue:

• for trees and shrubs with a trunk circumference of up to 80 cm measured at a height of 130 cm above ground level,
• for dense stands of woody plants, provided the total area of the dense stands being felled does not exceed 40 m²,
• for stands of energy crops or Christmas trees, generally of a single species, grown to achieve rapid and high production of trees or woody biomass and with a production cycle of up to 10 years between harvests,
• for fruit trees growing on land within a built-up area registered in the Land Register as ‘garden’ or ‘built-up area and courtyard’.

Processing time:

In straightforward cases, without delay; in other cases, within 60 days; and in particularly complex cases, within 90 days of the commencement of the proceedings.

Who is entitled to submit an application, notification, etc.:
Proceedings are initiated on the basis of a written application from the owner (tenant or other authorised user with the owner’s consent) of the land.

Other parties to the proceedings:

Any co-owners of the land.

Form and where to obtain it:

The application form can be obtained from the Environment Department and downloaded from the town’s website here:

Legislation governing the procedure:

• Act of the Czech National Council No. 114/1992 Coll., on the Protection of Nature and the Landscape, as amended,
• Decree of the Ministry of the Environment of the Czech Republic No. 189/2013 on the protection of trees and the authorisation of their felling, as amended,
• Act No. 500/2004 Coll., the Administrative Procedure Code, as amended.

Procedure under the Code of Administrative Procedure

Depending on the nature of the proposal, the nature conservation authority issues:

1. Approval or refusal of the felling of trees pursuant to Section 8(1), including the requirement for replacement planting pursuant to Section 9(1) of Act No. 114/1992 Coll. as part of the Integrated Environmental Statement (IES)
2. A decision in administrative proceedings

Administrative (or other) fee:

No administrative fee is charged for the decision

Remedies:

The proper remedy is an appeal. The decision issued contains instructions on how to appeal, setting out: the time limit for lodging an appeal, the authority to which the appeal must be addressed, and where the appeal may be lodged.

Related:

Application for replacement planting of felled trees.

Notes:

Possible penalties:
A natural person commits an offence if they fail to carry out the required replacement planting of trees – a fine of up to 10,000 CZK; if they damage or fell, without authorisation, a tree growing outside a forest – a penalty of up to 20,000 CZK; if the offence involves the felling without authorisation of a group of trees growing outside a forest or the serious damage to such a group – a penalty of up to 100,000 CZK. In the case of a legal entity or a natural person carrying out business activities, a fine of up to 1,000,000.