Binding opinion on the location of a building within 30 metres of the edge of a woodland

Where you can sort this out:

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

Other necessary documents, information, etc.:

A cadastral map (showing plot numbers) with the building marked on it and forest land within 30 metres of the building indicated.

Basic information:

This is a procedure in which the state forestry authority is involved in the administrative protection of land designated to fulfil forest functions.

Processing time:

In straightforward cases, immediately; in other cases, within 30 days; in particularly complex cases, within 60 days of the application being submitted.

Who is authorised to submit an application, notification, etc.:

The owner or the preparers of the building documentation.

Where to obtain the form:

The application form can be obtained from the Department of the Environment and downloaded from the town’s website here: Application form for a binding opinion within 30 metres of a forest

Legislation governing the procedure:

• Act No. 289/1995 Coll., on Forests and on Amendments to Certain Acts (the Forest Act), as amended
• Act No. 114/1992 Coll. of the Czech National Council on the Protection of Nature and the Landscape, as amended
• Act No. 500/2004 Coll., the Code of Administrative Procedure, as amended.

Procedure under the Code of Administrative Procedure:

Approval or refusal is issued as a basis for a decision on the siting of a building, facility or landscaping works; such approval or refusal constitutes a binding opinion pursuant to Section 149 of the Administrative Procedure Code and does not constitute a separate decision in administrative proceedings.

Administrative (or other) fee:

No administrative fee is charged for the issue of a binding opinion.

Remedies:

 The proper remedy is an appeal against the relevant decision of the building authority. An unlawful binding opinion may be revoked or amended in review proceedings before the regional authority.

Notes:

The owner or the preparers of the building documentation are obliged to propose solutions that are most suitable from the point of view of forest conservation, environmental protection and other interests of society as a whole.