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tree-protection by-law · § 39 BNatSchG
Updated June 2026

🌳 Can I fell a tree in my own garden?

With conditions
Quick answer

Depends on the tree, place and season. On your own plot you may often fell smaller trees — but many towns have a tree-protection by-law that protects trees above a certain trunk girth (often 60–80 cm at 1 m height) or certain species. Then you need a felling permit from the municipality, often with a duty to plant a replacement. Independently of that, nationwide: from 1 March to 30 September the felling and heavy cutting of trees and hedges is banned (bird protection, § 39 BNatSchG) — only gentle shaping/maintenance cuts are allowed.

📋 The rules

  • The municipal tree-protection by-law decides on permit duty
  • Often protected: trees from ~60–80 cm trunk girth or certain species
  • Felling protected trees only with a permit (possibly a replacement planting)
  • Nationwide: 1 Mar–30 Sep felling/cutting ban (bird protection, § 39 BNatSchG)
  • Only gentle shaping/maintenance cuts allowed in that period

🔓 Exceptions

  • Acute danger (e.g. a rotten, unstable tree): hazard-prevention measures any time, ideally agreed with the authority
  • Fruit trees and some conifers are exempt in many by-laws
  • Outside protection areas with no by-law, trees may often be felled freely — mind the bird-protection season

⚠️ Penalties & fines

Felling a protected tree without a permit or breaching the bird-protection season is an administrative offence. Fines range, by municipality and case, from a few hundred to tens of thousands of euros (more in serious cases), often plus a replacement planting. When in doubt, a quick query to the lower nature-conservation authority or parks department helps — cheaper than a fine.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I just fell a tree in my own garden?

Only if no tree-protection by-law applies and you don't breach the bird-protection season. Many municipalities protect trees above a certain trunk girth — then you need a felling permit, often with a replacement planting.

When is felling banned?

From 1 March to 30 September a nationwide ban applies on felling or heavily cutting trees and hedges — to protect nesting birds (§ 39 BNatSchG). Only gentle shaping and maintenance cuts are allowed then.

Which trees are protected?

The local tree-protection by-law sets this, usually by trunk girth (often from 60–80 cm at one metre height) and certain species. Fruit trees and individual conifers are often exempt — check your municipality's by-law.

What does illegal tree felling cost?

Depending on the municipality and case, a few hundred to tens of thousands of euros, plus often a duty to plant a replacement. Felling a protected tree without a permit or sawing in the closed season risks hefty fines.

What if the tree is dangerous?

With acute danger — e.g. a rotten, unstable tree — hazard-prevention measures are possible any time. But ideally agree it with the authority beforehand and document the danger (photos, expert report).

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