When a tree is in the way or poses a danger, and you can’t handle the problem yourself, you have to look for someone who can do the work professionally and legally.
After all, it is necessary not only to safely remove the interfering plant, but also to correctly fill out all the documents, as well as obtain a permit or felling ticket.
These services are provided by organizations that exist in every city.
We have already talked about:
- how trees are cut down;
- who issues permission for this action and how;
- who can initiate this process in certain situations.
In this article we will talk:
- in what cases and where you need to apply and write an application to cut down a tree;
- why you shouldn't do it yourself;
- who is engaged in cutting down and removing fallen trees;
- Is it legal for these organizations to demand money for their services?
Why can't you cut it yourself?
Self-cutting or cutting down even small trees is a complex, dangerous process that requires special equipment and special skills .
Even the slightest mistake can result in personal injury or property damage.
You can read more about cutting down trees yourself, as well as cases when they can be removed manually, here.
The taller the tree, the more difficult it is to cut it down; in addition, the complexity and labor intensity of the process is influenced by plant parameters such as:
- location;
- general state;
- shape of the trunk and branches;
- the presence of nearby buildings, cars or people.
In addition to purely technical problems, there are also bureaucratic ones, because it is necessary to correctly draw up all the documents, then obtain permission to cut down or cut down.
At the same time , the procedure for obtaining a permit is different in each city , because these issues are regulated at the local government level.
Therefore, even if you prepare all the documents in accordance with the requirements of federal law, you may receive a refusal due to errors in execution.
To avoid such problems, you need to entrust the preparation and cutting to professionals; it’s not cheap, but you won’t have to redo documents several times or be responsible for damage caused by an unsuccessfully fallen fragment.
Who has the right to initiate the removal process?
The initiation process can be divided into 2 stages :
- informing responsible persons about the threat posed by the tree;
- draw up documents for its cutting and sawing.
Anyone can notify the city or district administration
It can be done:
- by phone;
- in person;
- by writing a letter to an email or real address;
- by contacting the site;
- by writing a message in the appropriate group on social networks or on the thematic forum of the administration/organization.
Most types of appeals do not have legal force , because their purpose is to inform the responsible person about the threat that has arisen.
However, in cases where a tree located on private property poses a danger, but the owner of the site does not have the legal right to cut down this plant, it is necessary to apply officially, submitting an application in duplicate .
This can be done either by mail or in person, the main thing is that the application is accepted and registered, and the registration mark is placed on the second copy.
Immediately upon submission of such an application, responsibility passes to the enterprise or organization responsible for the maintenance or condition of the trees in that area.
Not only the owner of the plot on which the tree grows, but also his representative , if he has a notarized power of attorney, can draw up documents for cutting or felling
In addition, such documents are often issued by enterprises engaged in cutting down trees. They offer such registration as an additional service, because the process is quite complicated, you need to go through a lot of offices and collect a lot of documents.
In what cases and to which organizations should I write?
There is no definite answer to this question, because a lot depends on the status of the person who needs the service, that is:
- land owner;
- lodger;
- tenant of the territory;
- representative of the company involved in felling.
No less important is the type of service they expect to receive, that is:
- logging permit;
- registration of a felling ticket;
- sawing
Additionally, the reason why the tree needs to be removed is very important. Therefore, we will analyze various situations and tell you where to turn in this or that case, based on where the tree grows.
In the courtyard
In the courtyards of apartment buildings, a tree can grow on municipal or private territory, because the land around the house is common property and belongs to all apartment owners.
If the plant is located in the local area and interferes with some work not related to home renovation, or grows under a window and blocks the light for residents of several apartments, then you need to start with a general meeting of homeowners.
After all, without the minutes of the meeting, which indicates the consent of all owners and also contains their signatures, contacting a management company (MC) or local administration makes no sense.
After obtaining the consent of all apartment owners (if the tree poses a threat or is unsafe, you can do without the consent of the remaining apartment owners), you must contact the Criminal Code and submit an application in free form and in two copies.
One copy remains with the Criminal Code, and the second with the person who submitted the application, and both copies must bear a mark indicating that the Criminal Code accepted the application, as well as the date/time of this event.
If the management company works normally, then after receiving a statement about the emergency tree, its representatives contact the administration and independently regulate all issues .
Moreover, the payment for cutting is evenly distributed among all residents of the house. If there is no emergency, but the management company is working well, then it is necessary to discuss further actions with its management, because despite the consent of all apartment owners, the management company can seriously complicate felling or sawing.
This is due to the fact that she is the one responsible for the local area and is the representative of all apartment owners. If the Criminal Code is not against cutting down a non-emergency tree, then having received its consent, it is necessary to prepare a package of documents to obtain permission .
It is quite difficult to do this on your own, because it is necessary to comply with the requirements of not only federal, but also local legislation.
Often such services are provided by organizations engaged in tree cutting. In addition, the management company can take over the paperwork ; in any case, these services will have to be paid for. In the process of preparing documents, it is necessary to conclude an agreement with a contractor who will cut down an emergency or interfering tree.
When all the documents are ready, you will need to pay for the contractor’s work and contribute to the district budget an amount sufficient to carry out restoration activities. Only after this can the disturbing/emergency tree be cut down and disposed of.
Under the window
There are situations when a tree in the courtyard of an apartment building disturbs only a small number of apartment owners or residents, blocking their light.
To cut down a tree under a window, you first need to contact the Housing Inspectorate or Rospotrebnadzor to check whether the illumination of the rooms complies with accepted standards.
If the inspection confirms that the tree reduces the level of illumination below the permissible level, then you should then contact the Criminal Code, and do this in writing and in two copies.
If the problem is not resolved within a week or at least a formal response is received, you should contact the prosecutor’s office with a complaint about the inaction of the Criminal Code, attaching a second copy of the appeal to the Criminal Code to the application.
If a tree growing under a window touches the glass, balcony canopy or roof with its branches, then you must immediately contact the management company, and they should respond within a few days .
If there is no response, you will have to contact the local administration or the Ministry of Emergency Situations. The management company or the administration must solve the problem quickly and at their own expense, but the services of the Ministry of Emergency Situations specialists may have to be paid for.
For them, this is a non-core job, but unlike the management company or local administration, the Ministry of Emergency Situations rarely delays in pruning or cutting down a tree.
At a private house
If a tree grows next to the house, but on the property of another owner, then you need to contact him first. After all, without his consent, it is impossible to remove not only an emergency, but even a dangerous plant.
If the owner’s consent in principle has been obtained, then it is necessary to discuss in advance who will pay for the preparation of documents and other work.
In cases where a plant interferes with the performance of any work, the one who is interested in carrying out this work usually pays .
When a tree threatens objects, the situation is not so clear-cut. After all, it’s one thing when an object is built after planting a tree, and even in violation of the requirements set out in SNiP 2.07.01-89 Urban Planning. Planning and development of urban and rural settlements.
According to this document, the minimum distance between the trunk and the building must exceed 5 m , so if the violation was committed by the one who built the building, then the payment for removing the tree will fall on the shoulders of the owner of the building, even if he only recently bought it.
If the plant was planted after the construction of the building, then the costs will have to be borne by the person on whose territory the tree grows.
If there is a threat of a tree falling or damage to communications, then you need to contact Rospotrebnadzor or the Housing Inspectorate , and if there is no quick response, go to the prosecutor’s office with a complaint about the inaction of the authorities.
In this case, it is desirable, but not necessary, to obtain the consent of the owner of the site where the problem tree grows, because representatives of the local administration have the right to give permission to cut down or cut down emergency trees, regardless of the opinion of the owner of the site.
In cases where it was possible to reach an agreement with a neighbor, the procedure should be as follows:
- find a contractor who can cut down a tree growing near the house and enter into an agreement with him;
- if the contractor provides services for obtaining a permit, then transfer all documents to him, if not, then take them to a single window or the relevant department of the local administration;
- after receiving permission, pay the contractor’s work and pay into the budget the amount established based on the results of the taxation, which will be used to restore the green fund.
On your site
Despite the fact that most trees on your property can be cut down without obtaining permission, we recommend visiting the local administration and consulting with them.
After all, every city, and sometimes even small villages, has its own procedure for obtaining permission to cut or cut down, as well as its own list of criteria by which the value of a tree is determined.
This consultation is free and in most cases the result is a message that the tree is not valuable, therefore the local administration has no right to make any decision.
Having received such an answer, you can remove the interfering or emergency plant yourself or contact a contractor.
What types of trees cannot be cut down?
It is possible that the tree you need to remove belongs to a valuable species, then cutting it down will be prohibited by law. But there are some cases in which this action becomes possible at the legal level. This could be for various reasons or due to sanitary conditions.
Rare relict plantations are considered valuable species - those listed in the Red Book and valuable biological resources. The legislation of each locality may indicate which trees are prohibited from being destroyed or are permitted, but subject to a limited number. Provided that you manage to obtain permission from the administration of your locality, this will be a legal action.
If you need to get rid of a large number of trees, then you will need to issue a felling ticket, but keep in mind that you will need to pay a considerable amount for this separately.
What should you do if there is a threat to power lines?
In such cases, you must immediately contact the local administration or the Ministry of Emergency Situations , because if a strong wind rises, the branches may break the wires, which will lead to a short circuit and, possibly, a fire. You can also call the dispatcher of the resource supplying organization and tell about the problem.
Such requests can come not only from property owners, but also from residents or tenants.
If the owner of the property discovers that a tree growing on his territory threatens the power grid, then he should do the same and under no circumstances try to cut down or trim the plant himself .
This is due both to the prohibition of removing trees without obtaining permission, and to some features of cutting down trees near and under power lines. Before starting cutting, it is necessary to turn off the power supply in this area, which can only be done by representatives of:
- Ministry of Emergency Situations;
- local administration;
- resource supply organization.
Border disputes at the dacha
Many conflicts and disputes arise when a tall tree grows on a neighbor’s summer cottage, which shades your house or, due to old age, may fall on it. In this case, you should not climb through the fence with a saw at night to uncooperative neighbors.
The standard, designated by the abbreviation SP 53.13330.2011 entitled “Planning and development of territories of gardening (dacha) associations of citizens” clearly stipulates the permissible distances between trees, shrubs and site boundaries:
- it should be at least 4 meters from the trunks of tall trees;
- for medium-sized trees - at least 2 meters;
- The limit for shrubs is 1 meter.
If the specified distances are not observed, and the neighbors refuse to comply with your request, then you need to write them a statement, setting out your requirements briefly and clearly. By sending it by mail (by registered mail with acknowledgment of receipt), you will receive a document that will be needed to join the claim when it is considered in court.
If a neighbor's tree is tall and rotten, then environmental specialists classify it as emergency. In this case, the application must be submitted to the prosecutor's office. It will react faster than the court to a violation of the law, which poses a real threat to the life and health of people.
Within the city limits, there are standards for the protection of green spaces, similar to the set of rules for dacha areas. You can familiarize yourself with them in detail at your local architecture department or from ecologists.
What to do if there is dead wood next to the house?
A dry tree (dead wood) can stand for decades, so the main danger is not associated with a fall or some kind of interference, but with a high probability of fire .
After all, it is hundreds of times easier to set fire to a dry tree than a living one, so when you see a dry tree not far from your house or apartment, it is advisable to immediately contact the management company, a single window or the local administration .
If the dead tree has not been cut down within a week, or a response has not been received indicating the timing of the work, then it is necessary to contact the prosecutor's office with a complaint about the inaction of the Criminal Code or local authorities.
Who should pay for tree removal?
Felling or sawing, like any other work, must be paid for, but it is not always possible to say for sure who should finance this process . If the plants prevent the land owner from implementing any of his plans, then all costs of removing the plants fall on his shoulders.
However, when a plant poses a danger, the situation is not so clear-cut, because the owner of the land may not have the means to pay - the cost of cutting down and restoration measures often amounts to tens of thousands of rubles.
In this case, the owner of the house must contact the local administration with a written application , then his application will be considered by specialists, and the real financial situation will also be taken into account. If the threat posed by the plant and the insolvency of the owner of the house are confirmed (often they are single disabled people or pensioners), then the administration will solve the problem at its own expense.
If an emergency or dangerous tree grows on lands owned by a legal entity and its representative wants to remove the source of danger, then all work will be performed at his expense. All these issues should be spelled out in more detail at the level of local legislation , as provided for by the Federal Law “On the general principles of organizing local self-government in the Russian Federation” dated October 6, 2003 N 131-FZ.
How to find organizations engaged in sawing from aerial platforms and using a crane?
Even arborists who do not have mountaineering training can cut down trees using an aerial platform , which makes their services much cheaper. A significant disadvantage of the aerial platform is that it can only move on roads, and for work it needs a fairly large, free and level area.
An aerial platform is one of the modifications to the chassis of serial trucks ; it can only be used to lift people or small loads to a certain height.
Therefore, most often, aerial platforms are purchased by enterprises whose main profile is construction/repair of buildings and structures.
Moreover, the larger the enterprise, the higher the likelihood that they have a tower of the required height on their balance sheet, so this type of vehicle is rarely found in house management offices and various REUs or housing offices, but enterprises that serve many large facilities always have aerial towers.
Most of these businesses advertise their services in local newspapers, as well as on various Internet sites in their city.
You need to call them and choose the one who offers the best conditions .
You will find more detailed information about such enterprises in this article.
Often, along with the aerial platform, it is necessary to order a crane, especially in cases where it is not possible to create a curtain for the safe lowering of cut-off fragments.
Despite the fact that renting a crane, as well as renting a tower, is not cheap, cutting down large trees with their help will cost significantly less than the work of arborists-climbers with the formation of a curtain.
In addition, using a crane dramatically reduces the likelihood of cut pieces of trunk or branches falling to the ground. This is especially important in cases where there is movable or immovable property under the tree that, for any reason, cannot be removed or moved to a safe distance.
Unauthorized cutting - where to complain and call?
If illegal logging is carried out by neighbors or unidentified persons, they complain :
- to the Criminal Code or local authorities;
- to the police station.
If there is no appropriate permission, the district police officer draws up an act to initiate administrative proceedings with the possibility of reclassification into criminal proceedings if serious violations are obvious or significant damage has been caused.
What benefits for paying utilities are available to people with disabilities, read here.
Who does the cutting and uprooting?
Most enterprises and private entrepreneurs who provide tree cutting and pruning services can also perform uprooting using various cutters .
The advantages of such uprooting are:
- minimum cost;
- the possibility of destroying a stump using small, including non-self-propelled equipment;
- minimal soil damage.
The main disadvantage of this uprooting method is the destruction of only a small part of the root system , which does not always lead to the cessation of tree growth after cutting.
Often, after such uprooting, the roots remaining in the ground in the spring give rise to new shoots that grow very quickly.
After all, the size of the root system allowed it to supply the nutrition necessary for the growth of an adult tree, which is why the juveniles will gain weight very quickly.
Roots can only be completely removed:
- manually;
- using an excavator;
- using a bulldozer equipped with a ripper.
You will find more detailed information about the various uprooting methods and their costs in these articles:
- Methods for uprooting stumps;
- Stump removal price
When choosing a contractor to cut down a tree, you need to clarify in advance what uprooting methods he can offer and how much his services will cost.
What is the price?
8,000 rubles is the minimum cost for one specialist to cut down a tree up to 40 cm. You can also remove up to two trees for the same price. If you need an arborist and his assistant, it will cost you 10,000 rubles. When removing a large number of plantings, the price for each will be reduced in relation to the amount of work.
Detailed prices:
Completely from the ground, without pulling: Up to 20 cm – 500 rub. • Up to 30 cm – 600 rub. • Up to 40 cm – 800 rub. • Up to 50 cm – 1100 rub. • Up to 60 cm – 1200 rub. • Up to 70 cm – 1300 rub. • Up to 80 cm – 1500 rub. Fully off the ground, with a pull:
• Up to 20 cm – 800 rub. • Up to 30 cm – 1100 rub. • Up to 40 cm – 1400 rub. • Up to 50 cm – 1800 rub. • Up to 60 cm – 2000 rub. • Up to 70 cm – 2400 rub. • Up to 80 cm – 2500 rub.
Without hanging, in large parts, with the possibility of throwing branches onto the ground: • Up to 20 cm – 1500 rub. • Up to 30 cm – 2500 rub. • Up to 40 cm – 3500 rub. • Up to 50 cm – 4800 rub. • Up to 60 cm – 5800 rub. • Up to 70 cm – 6500 rub. • Up to 80 cm – 7000 rub.
With hanging top: • Up to 20 cm – 3000 rub. • Up to 30 cm – 4500 rub. • Up to 40 cm – 5500 rub. • Up to 50 cm – 7000 rub. • Up to 60 cm – 9000 rub. • Up to 70 cm – 11,000 rub. • Up to 80 cm – 12500 rub.
With hanging all branches that could damage something: • Up to 20 cm – 4000 RUR. • Up to 30 cm – 6000 rub. • Up to 40 cm – 8000 rub. • Up to 50 cm – 10,000 rub. • Up to 60 cm – 13,000 rub. • Up to 70 cm – 15,000 rub. • Up to 80 cm – 17,000 rub.
With hanging branches and trunk: • Up to 20 cm – 4500 rub. • Up to 30 cm – 6900 rub. • Up to 40 cm – 9900 rub. • Up to 50 cm – 11900 rub. • Up to 60 cm – 14900 rub. • Up to 70 cm – 17,000 rub. • Up to 80 cm – 20,000 rub.
Trim dried branches, without hanging: • Up to 20 cm – 900 rub. • Up to 30 cm – 1100 rub. • Up to 40 cm – 1400 rub. • Up to 50 cm – 1800 rub. • Up to 60 cm – 2300 rub. • Up to 70 cm – 2600 rub. • Up to 80 cm – 3000 rub.
Trim dry branches with hanging: • Up to 20 cm – 1000 RUR. • Up to 30 cm – 1300 rub. • Up to 40 cm – 1600 rub. • Up to 50 cm – 2300 rub. • Up to 60 cm – 3000 rub. • Up to 70 cm – 4000 rub. • Up to 80 cm – 4500 rub.
Crosscutting. Portable parts: • Up to 20 cm – free • Up to 30 cm – 200 RUR. • Up to 40 cm – 300 rub. • Up to 50 cm – 500 rub. • Up to 60 cm – 800 rub. • Up to 70 cm – 900 rub. • Up to 80 cm – 1000 rub.
In the oven 40 cm: • Up to 20 cm – 200 rub. • Up to 30 cm – 300 rub. • Up to 40 cm – 400 rub. • Up to 50 cm – 500 rub. • Up to 60 cm – 800 rub. • Up to 70 cm – 900 rub. • Up to 80 cm – 1000 rub.
Completely removed into parts that are transferred: • Up to 20 cm – 300 rub. • Up to 30 cm – 350 rub. • Up to 40 cm – 500 rub. • Up to 50 cm – 900 rub. • Up to 60 cm – 1100 rub. • Up to 70 cm – 1300 rub. • Up to 80 cm – 1500 rub.
Stump removal: More than 50 – from 30 rub. per cm;
Less than 50: • Up to 30 cm – 1100 rub. • Up to 40 cm – 2250 rub. • Up to 50 cm – 3350 rub. • Up to 60 cm – 4850 rub. • More than 60 cm – 5500 rub.
Who is responsible for the removal and disposal of trunks and branches, and how does this happen?
Not all contractors offer removal and disposal of the results of cutting down trees, so you need to carefully select a contractor .
After all, if the contractor does not provide such a service, then you will have to look for one who can remove and dispose of the trunk and branches.
It’s easiest for residents of private houses, because the same arborists who will cut down the tree cut the trunk and branches into logs You can keep the firewood for your heating stove or other purposes, or you can give it away or sell it to neighbors who heat their homes with a wood stove or boiler.
This method of disposal has only
two disadvantages :
- firewood is not needed in the city;
- It’s not enough to cut trunks and branches into logs; they also need to be chopped into logs, and doing this manually is difficult and expensive, and machines with the appropriate attachments are not widely used in Russia.
Some contractors suggest chopping large branches and thin trunks into chips. The advantage of shredding is that the wood chips do not have to be placed somewhere, and you don’t have to pay for subsequent disposal; you just need to scatter them over the lawn or any other green area.
If you add ash and nitrogen-containing fertilizers to the ground along with such mulch, then after rotting the wood will fill the soil with nutrients and improve its structure. In the article about mulching with wood chips, we talked in detail about this method of using chopped wood.
If it is not possible to make firewood or wood chips from a cut tree, it will have to be cut into pieces and put into a truck , and then taken to a landfill.
However, this method of disposal is extremely expensive, because you will have to pay for the loading and transportation of objects to the landfill, as well as pay the tariffs established by the landfill for the volume of waste thrown out.
Responsibility for the disposal of the remains of a cut tree directly depends on who will carry it out. If the contract with the contractor states that he not only cuts down, but also removes all remains , then the responsibility lies with him.
If, according to the contract, the contractor must only saw or chop the wood, then after completing his work, responsibility for disposal and its consequences falls on the customer.
Who is responsible for damage caused by trees?
An emergency tree poses a serious danger , so it must be cut down in a timely manner. Moreover, responsibility for this lies primarily with the owner of the territory, because Article 1064 of the Civil Code of the Russian Federation says that the one who caused it must compensate for the harm caused, and not necessarily directly.
If this is a plant of valuable species , then if it falls, it will be possible to clearly establish the culprit only in court.
After all, on the one hand, the owner of the land is responsible for it, but on the other hand, no less responsibility lies with the city or district administration, because without its permission it is impossible to cut down a dangerous object.
The situation is the same in cases where a widely overgrown crown poses a threat to power lines or building elements (windows, roofs, etc.). After all, only mature trees can have such a crown, and most of them, regardless of the species, fall under the definition of a valuable resource , so the owner of the site cannot arbitrarily decide their fate.
In what cases is this service paid, and when is it illegal to demand money?
Cutting down trees is a very complex and responsible job, so in principle it cannot be not only free, but also cheap .
In addition, when preparing documents, it is necessary to pay for the examination, as well as fully pay for measures that will restore the number of trees.
Therefore, cutting down can only be free if someone else has paid for it.
There is no single federal law that regulates this situation, since all issues related to cutting are within the competence of local government. Therefore, in the vast majority of cases, the person who is most interested in it pays for this work .
For example, land owners should remove dangerous plants along power lines, but they do not always do this, and sometimes they are not even aware of the threat. Therefore, power engineers are forced to cut down such trees at the expense of the budget, because if they fall, they will have to not only dispose of the trunks and branches, but also restore the damage.
If an emergency tree grows in the courtyard of an apartment building, but on municipal land, that is, it is located outside the local area, but poses a threat to the health or property of any of the apartment owners, then the local administration must bear all costs .
If a tree grows in the local area, then the management company can pay for its removal in two ways:
- from contributions for repairs (not to be confused with payments for major repairs);
- including the costs of all work in the receipt for the next month or several months if the amount is very large.
In any case, only a general meeting of apartment owners can choose the form of payment, based on the results of which a protocol must be drawn up with the signature of each owner.
The following are
cases in which it is illegal for tree cutting or disposal services :
- in response to natural disasters;
- if the local administration refused to recognize the tree as unsafe, but it fell or leaned heavily;
- if the emergency or dangerous tree is located on land owned by another owner, including the municipality.
If the tree interferes with some work not related to eliminating the source of increased danger, then the payment for paperwork (including the fee for restoring the green fund) and cutting down the plant is borne by the person who needs this work.
In apartment buildings, for this purpose, first, at a general meeting of residents work plan is approved, then a representative is chosen who will do this, or the work is entrusted to the management company.
Moreover, all this, as well as the agreement to pay for all the necessary work, must be noted in the minutes of the meeting of residents of the building and signed by all apartment owners.
Reasons for cutting down a tree in the local area
You can raise the question of cutting down a tree if:
- the tree is unsafe.
That is, it has dried out, cracked and threatens to cause damage to the property of the owners (for example, cars parked in the yard), hangs over the sidewalk, entrance, or children's playground. - the tree is located too close to the house;
- the tree disturbs the residents, even if it is planted correctly, but hits the windows or obscures sunlight;
- there is a decision of the general meeting of apartment building residents.
If the tree is not dangerous, but interferes with the residents, in order to cut it down, the residents must vote at the general meeting of premises owners with at least 50% + 1 vote. The minutes of the general meeting are transferred to the management company, and it, in turn, applies to the municipality for permission to cut down the tree (felling coupon). In this case, the cutting down of the tree will be paid for by the owners of the apartment building.
Where to write an application?
The procedure for accepting applications for cutting down nuisance or emergency trees is regulated by regulations adopted by the local government (local administration). Therefore, in different cities and other localities, such applications may be accepted in different places.
We have prepared
a list of such items :
- Management company office. All owners and residents of apartments, as well as owners of territories/objects located near the house, can apply.
- Multifunctional under local administration. Any owners of apartments or land plots can apply.
- Any local government department. Any land or real estate owner can apply and must be politely redirected to the appropriate department.
- Housing inspection under the administration. It is worth contacting there if the Criminal Code is inactive.
- Enterprises providing tree cutting and permitting services. Any land owner can apply.
- Prosecutor's office. You should contact it if the Criminal Code and local authorities are inactive.
Where to go to cut down a tree?
You should contact government agencies, and which ones depend on the situation.
But most of all, the owners are outraged that they cannot cut down or cut down a tree on their own property. This is not so much a ban as a limitation.
To avoid becoming a violator, it is recommended to first contact government authorities. In particular, this is the city construction department. If the territory is located in a gardening partnership, permission is required from its chairman.
There are other authorities where you can contact to cut down a tree near an apartment building. The question can be addressed directly to the management company. If the owners have created a homeowners association (HOA), its responsible person, the chairman, must send a written application to the municipality.
Who deals with trees that have fallen in different areas?
If the fallen tree does not bother anyone and has not caused harm, the owner of the plot where it grew will have to deal with it. The local administration may oblige him to remove and dispose of all the wood so that it does not spoil the appearance of the city or village.
He may also be required to dispose of the wood by the owner of the property on which the tree fell. However, in such situations, several years may pass from the moment of fall to disposal, because a plant lying on the ground does not bother anyone, so there is no reason to rush to solve this problem.
If a tree falls on a building, but this does not pose a threat to people and does not worsen their standard of living, then the owner of the territory where the plant was located .
If for some reason he does not take any action, then the local administration should deal with the problem. In cases where a fallen trunk or its branches worsen people's living standards, local administration workers should deal with the problem.
Perhaps they will be able to oblige the owner of the site where the problem tree grew to pay for the work of cutting it down and disposing of it, but if this is impossible for any reason, then all work will be paid for from the budget.
If, after the fall, the plant
poses a serious threat to people’s lives, as well as when there is a threat of damage to communications, or they are already damaged, only employees of the Ministry of Emergency Situations .
After all, it is necessary not only to quickly cut the trunk and branches, but also to do it in such a way as not to aggravate the situation.
After emergency work is completed, responsibility passes to the local administration , which must take care of the disposal of wood debris and assistance to the victims.
What to do to avoid getting fined
In order to cut down interfering trees without any problems, you need to obtain permission to do so. This applies to all cases where the destruction of green spaces outside one’s own area is expected. Without acts and a felling ticket, you can only cut down a tree in your yard.
Important! In Moscow and the region, you will have to apply for a felling ticket for permission to remove a tree, even if the tree grows on the site. Especially if we are talking about maple, oak or other rare plants in this latitude
Even if a person personally planted this tree on his plot, it belongs to the city green fund. In Moscow, a logging ticket is issued by the Department of Natural Resources within 30 working days from the date of submission of the application. It is usually issued in the same place where the documents were submitted.
It is not enough to simply write a statement. It is necessary to order and pay for an inspection of the tree, in which experts will write that it is unsafe, dry or rotten. They determine the type of plant, its age, thickness and condition. Based on this examination, a conclusion is made as to whether it needs to be cut. In addition, compensatory measures for landscaping are calculated - instead of one tree cut down, several must be planted. It is also possible for the administration to send a notification of the amount required to be transferred for the destruction of the plant.
Dangerous roll
Based on the act, you can immediately cut down a tree only if it threatens the life and health of people: it threatens to fall or its branches are against a window. In this case, when there is strong wind, the situation becomes emergency and threatening; it is necessary to remove it. If the tree is young and green, but interferes with the installation of a gas pipeline, the construction of light utility rooms, or the expansion of a vegetable garden, then it may not be allowed to be destroyed.
An attempt to cut down without permission may result in administrative punishment in the form of a fine. In addition to the district and gardening institutions, which may be interested in where the maple disappeared from the site, there are many more caring people. Those who will definitely take the statement that a rare tree was destroyed.
If your place of residence is not Moscow, then you should find out from the administration whether permission is needed to remove unnecessary plants from the site. In some regions, homeowners have the right to complete disposal of trees and shrubs. To prevent the authorities from starting to fine you, you must know in advance about the existence of the law and follow it.
*Prices are current as of June 2021.
Punishment for cutting down trees yourself
If you cut down trees yourself, you may face administrative liability, represented by two types of punishment:
- Fine.
- Compensation for damage caused, the amount of which is assessed by the regional Ministry of Environment or the federal Ministry of Nature.
In most cases, the damage ranges from 3 to 5 thousand rubles. for one felled tree, but some species are valued more expensive.
The fine is regulated by the Code of Administrative Offenses and the Criminal Code of the Russian Federation. According to Article 8.28 of the Administrative Code, the fine for a private individual is 3-4 thousand rubles, for officials - 20-40 thousand rubles, and for legal entities - 200-300 thousand rubles.
According to the Criminal Code of the Russian Federation, liability for cutting down trees is much more serious . If the damage caused is significant, the violator may be subject to a fine of 50 thousand rubles. He may also be imprisoned for 2 years.
If the violation was committed by a group of people, then the punishment is tougher. Criminals are fined 1-3 million rubles. or up to 7 years in prison.
The amount of damage is estimated using government methodology . Losses from 5 thousand rubles are called significant, and from 50 thousand rubles. – large.
On your own site
Is it possible to cut down trees on personal property and is a permit required for this? This question is asked by many private property owners.
To find out about restrictions on cutting down trees, the owner of the site should contact special authorities . This also applies to forest areas that are owned by the settlement.
Similar restrictions also exist in most gardening partnerships, so cutting down a tree requires permission from the chairman.
The organization and payment for cutting down plantings on your own land plot is carried out only by its owner.
