Animal welfare has priority over wood care - this is stated in Section 39
The increasing awareness of nature conservation resulted in the amendment to Section 39 of the Federal Nature Conservation Act in 2010. The aim of the nationwide regulations is to protect the mini-ecosystem that develops within hedges and tree tops. In paragraph 1, the safety of wild animals is clearly put above horticultural needs. When it comes to cutting hedges and trees, the focus is on two premises:
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It is forbidden:
- Willfully disturbing, disturbing, injuring or even killing wild birds and small animals
- Damaging or destroying the habitats and breeding grounds of wild animals for no apparent reason
Additional provisions of Section 39, Paragraph 1, relate to the commercial removal of protected plants from nature that are of no relevance for pruning in private gardens.
A clearly defined time frame leaves no doubt
In Section 5 of Section 39, the Federal Nature Conservation Act defines a precise time frame that leaves no questions unanswered for the handling of wood cuttings in the hobby garden. The key statements in a nutshell:
It is forbidden:
- from 1. March to 30th September to cut, clear or put on the cane any wood
- from 1. October to 28. February Cutting hedges and tree tops where wildlife hibernates
From these regulations it follows that radical cutting measures are allowed in winter, provided that it has been ensured beforehand that no small animals are in the wood Hibernation spend. Furthermore, between the 1st March and 30. September light maintenance cuts allowed, provided that these are limited to this year's growth. However, is it a hedge or Treetop with nesting birds or breeding grounds for small mammals, the general prohibition against disturbing wild animals applies.
Numerous regional special regulations
The Federal Nature Conservation Act primarily specifies the nationwide framework for cutting hedges and trees. The actual implementation is subject to the federal states and municipalities. In many regions, the provisions of Section 39 do not apply to tree pruning in private gardens. Various municipalities, in turn, have tightened the ordinances considerably. Therefore, please ask the responsible public order office before you dedicate yourself to pruning.
Serious fines are threatened if they are disregarded
The legislature gives the orders with considerable penalties. The state of Bavaria punishes the illegal clearing of a hedge with a fine of 15,000 euros. The state of Lower Saxony punishes gardeners who put a hedge on the cane within the summer grace period with a fine of up to 25,000 euros. The sanctions are also imposed if the violation was unintentional and negligent.
Tips
If you do not use manual hedge or pruning shears for the cut, the noise protection law comes into focus. Motorized gardening tools in Germany can be operated in residential areas from 9 a.m. to 1 p.m. and again from 3 p.m. to 5 p.m. In some municipalities, the time window is open longer, so it is worth asking the regulatory office.