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§ 39 Federal Nature Conservation Act
Updated June 2026

🌳 Am I allowed to cut my hedge or trees?

With conditions
Quick answer

Only limited in the summer half-year. Under §39 of the Federal Nature Conservation Act, from 1 March to 30 September it is banned to cut back radically, cut to the stump or clear hedges, living fences, bushes and trees (outside forests and nurseries) — protecting nesting birds. Gentle shaping and care cuts to remove the year's growth or keep the plant healthy stay allowed all year. Do the full cut-back from 1 October.

📋 The rules

  • From 1 March to 30 September: no radical cut-back, no cut-to-stump, no clearing
  • Gentle shaping and care cuts (annual growth, plant health) allowed year-round
  • Full cut-back and rejuvenation: 1 October to end of February
  • Before any cut, check for an active nest in the hedge — then even a light cut is off-limits
  • Trees may also be protected by a municipal tree-protection bylaw (permit needed)
  • In your own garden the breeding-season rule applies just as on paths and field edges

🔓 Exceptions

  • Gentle shaping/care cuts are allowed in the breeding season too, as long as no nest is affected
  • Acute safety work (e.g. a broken branch over the pavement) is allowed at any time
  • Trees in forests and in commercial horticulture are not covered by §39 BNatSchG

⚠️ Penalties & fines

A banned radical cut or clearing in the breeding season is an administrative offence. Fines depend on state law and hedge length: e.g. Bavaria €50–€15,000, NRW €40–€12,500 for ten metres of hedge — in severe cases up to €100,000. Destroying an occupied nest adds a breach of species-protection law.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

When can I cut my hedge back hard?

Only between 1 October and the end of February. From 1 March to 30 September radical cutting and clearing are banned to protect nesting birds — only a gentle shaping and care cut is allowed in that period.

Can I touch the hedge at all in summer?

Yes, a light shaping and care cut to remove growth is allowed in summer too — provided you don't disturb an occupied nest. At the first sign of a bird's nest you should postpone the cut.

How big is the fine?

It depends on the state and hedge length. Examples: Bavaria €50–€15,000, NRW €40–€12,500 for ten metres of hedge. In severe cases up to €100,000 is possible, especially when nests are destroyed.

Does the ban also cover trees?

Yes, for trees outside forests §39 BNatSchG applies too. Trees may also be protected by a municipal tree-protection bylaw — then you need a felling permit even outside the breeding season.

What about a branch blocking the pavement?

Safety measures are allowed at any time. A hanging or broken branch that endangers people or traffic may be removed even in the breeding season.

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