Summer storms often bring not only the desired cooling, but also the destruction of broken trees. Damaged greenery may require an immediate solution. The question, however, is whether the damaged tree can always be cut down without permission and as the view of the law is on such a situation.
Although it seems logical that the accident requires a quick action, Czech legislation determines clear rules that must be followed in crisis situations. Knowledge of these rules can protect you from unpleasant fines and ensure that we act in accordance with the law.
There are exceptions to the rule
The basic legal regulation, regulating the protection of trees and permits their felling, is the Decree of the Ministry of the Environment No. 189/2013 Coll. However, we do not have to get deep into its content – in general, it is true that the felling of tree species, unless legal exceptions are met, always need a permit issued by the nature protection authority. It is precisely to the case of a tree damaged by a storm (rather by lightning intervention) such an exception applies. The law also understands the necessity of immediate reaction to ensure security. However, this exception applies only to the felling of trees that really threaten the life, health or property of their owner or other people.
The correct assessment of the situation is needed
What exactly does the “immediate threat” mean? It is a moment when a damaged tree is a risk that cannot be corrected by other, milder intervention. It may be a tree or a strong branch that leans at the house, threatens to fall on the sidewalk, or on the road or even a playground, or such a tree is threatened with collapsing. In this case, felling is possible without permission and even desirable for the protection of people and property. However, it is important to realize that commonly broken branches or damage that does not pose an immediate danger does not fall under this exception and would require a standard procedure for permission.
By feling it does not end there
Although in a situation of immediate danger may be cut down without prior permits, they still pay so -callednotification duty. The law says that such felling of tree species must be announced by the nature protection authority within 15 days of the felling. Where to report it? Usually it is a municipal office with extended powers where the tree was located.
What do you have to report?
The notification must contain accurate information: the specific reason for the felling, the description of the felled tree – that is, the species, the approximate size, and also the most accurate data on the place where the cadastral area and parcel number). Do not forget, because without the announcement is justified felling problematic – although you do not receive a fine for the intervention itself, but for not giving it additionally to know the authorities. Just to be sure (even if the law does not directly require), take pictures of the damaged tree before feling. Today it is no problem and you will avoid any conjecture, whether it was really necessary.
It’s really just an exception
It is important to remember that the above -mentioned exception really applies only to the situation of immediate threat. On the contrary, for felling trees that do not pose such a risk, even after milder damage by natural elements, it is necessary to obtain permission. Although there are other exceptions from permission, for example, for wood perimeter of a trunk of less than 80 cm at a height of 130 cm above the ground (unless it is an alleys) or for continuous shrub stands up to 40 m², but rather do not rely on them and act as the law orders for each special case.
Better to ask
Try to always look at the crisis situation with deliberately and in case of any doubt ask experts. This will avoid a possible sanction that could come even if you do everything with the best intent and good will.
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