What does the law say about felling trees without permission?

Due to a safety problem or a bad location, the cutting of a tree is necessary. Whether or not it is on your property, a slaughter without authorization is nevertheless prohibited by law. Also contact an environmental lawyer to get good advice on a request for culling at the town hall. What does the law say about felling trees without permission? Do we really need a permit to cut down a tree? What fine is provided for an unauthorized tree felling? Here are the answers to your questions.

TO REMEMBER: What does the law say about the felling of trees without authorization?

Tree felling is a very regulated action. Carrying out this task without authorization is punishable by a fine and imprisonment. Rest assured, by applying the rules in force regarding tree cutting, you will avoid penalties. On the budget side, count in addition to the cost of felling and cleaning, the cost of desiccation, depending on the height of the tree.

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Is a tree on your property bothering you? Find out the rules governing tree felling to avoid penalties.

What does the law say about felling trees without permission?

The Civil Code specifies that it is mandatory to cut a tree up to a height of 2 m, only in the case where the latter has been planted on the property line. A tree exceeding 2 m high must thus be located 2 m from the boundary of the neighbors’ property.

How can we describe a tree felling without authorization? Here is a small definition of this form of illicit cutting :

A tree felling without authorization is the action of carrying out a cutting not provided for in the PSG (valid) or which does not follow the commitments in a property enjoying tax exemptions.

Generally, the felling of a tree is required by public utilities if the tree in question affects the proper functioning of power and telephone lines. It is also possible to cut down a tree if it threatens the lives of others (motorists, pedestrians, etc.). In this case, it is up to the road service to make the request for culling.

However, the legislation is very strict regarding the felling of a tree without authorization. Therefore, the regulations mentioned above do not apply in the cases of the following list :

• If for more than 30 years the tree has been more than 2 m tall and its owner has already obtained a thirty-year prescription ;
• If the tree in question has been planted on land that has just been divided. In this context, the tree benefits from the servitude called “destination of the father of the family” ;
• If the owner has a title deed authorizing him to plant trees on the edge of the land ;
• If the tree is classified as a remarkable tree, and therefore part of a wooded heritage ;
• If the tree is registered as a Classified Wooded Area within the Local Urban Planning Plan

It is possible to apply for a tree felling authorization if your forest property has an area greater than or equal to 25 ha.

Key points to remember :

• The felling of a tree may be required by the public service if it disrupts the proper functioning of power lines or the safety of residents ;
• This rule does not apply in certain exceptional cases.

What fine is provided for a tree felling without authorization?

An owner does not always have the right to cut down a tree even if it hinders traffic. However, he has the opportunity to take certain measures to ensure his safety and that of his loved ones. Moreover, articles R312-12 of the Forest Code, L.414-4 of the Environment Code and L.642-6 of the Heritage Code specify that anyone intending to cut down a tree is invited to apply for prior authorization. It is therefore essential to respect the regulations before proceeding to the cutting of a tree.

By carrying out an unauthorized slaughter or which does not respect a Simple Management Plan (PSG), you expose yourself to the sanctions of the following list :

• The interruption of the slaughter ;
• The removal of the wood and the seizure of the materials used.

If you cut down a century-old tree or a rare species, here is the list of penalties incurred :

• 20,000 euros per hectare of cut forests ;
• 6 months of imprisonment ;

Article R163-1 also stipulates that anyone carrying out a cutting or removal of wood less than 20 cm in diameter is liable to a fine of 1,500 euros (5th class ticket).

If you don’t know how to go about completing the procedures for a slaughter request, contact one of our lawyers.

Key points to remember :

• The felling of a tree less than 20 cm in diameter without authorization is punishable by a fine of € 1500 ;
• If it is a rare species or a century-old tree, the fine amounts to € 20,000 to which other sanctions may be added.

The regulations concerning the felling of trees are often complex. In addition, they vary depending on the city or municipality in which you are located. Do you want to cut down a few trees in your outdoor space? It is best to seek the advice of pruning experts or a good lawyer specializing in environmental law to avoid paying fines.

Source Articles [ Hide ]

1. 20minutes. fr – https://maison.20minutes. fr/mm14885-abattre-arbre-sans-autorisation/
2. service-public. fr – https://www. service-public. fr/professionnels-entreprises/vosdroits/R18249
3. herault. gouv. fr – https://www. herault. gouv. fr/Politiques-publiques/Agriculture-foret-et-developpement-durable/Foret/Coupes-de-bois/Les-sanctions-encourues-en-cas-de-coupe-illicite-ou-de-non-reconstitution-suite-a-coupe-rase
4. legifrance. gouv. fr – https://www. legifrance. gouv. fr/codes/article_lc/LEGIARTI000026127981
5. jardinsdefrance. org – https://www. jardinsdefrance. org/larbre-et-la-loi/
6. azurelagage. fr – https://www. azurelagage. fr/reglementation-de-labattage-arbres/

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