Good afternoon, my reader. A tree grows near your house, which bothers you. Cutting is the easiest solution... but there is a risk of getting a fine. Let's figure out how to avoid it.
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How to cut a tree in your area
The most severe punishment is provided for logging in state or municipal territory. But here we will only consider the situation when the interfering plant is located on a privately owned plot.
Let's say right away: there is no single norm here. In some regions, any tree that does not belong to protected and valuable species can be cut as much as necessary on its territory. Others require permission. In particular, in Moscow and the Moscow region, as well as in St. Petersburg and the Leningrad region, you need to contact the authorized bodies for a felling ticket (in Moscow - to the Department of Nature Management, in St. Petersburg - to the Committee for improvement). When applying, you must send an application along with a copy of the landscaping plan and other documents confirming the need for felling or crowning.
If you do not know what order is established in your locality - contact the local administration with a request.
When cutting down, consider whether the tree is valuable. The list varies by region, there is no national one. But usually it includes Karelian birch, pear, oak, pine, etc.
It should also be borne in mind that you can also apply for trees located in the municipal territory. However, this can be done only if they cause you some significant damage or are in a threatening condition (for example, they are dry, cracked, threaten to collapse on your site, etc.). In this case, a felling ticket will not be issued, but the local authorities will be required to send a team from municipal enterprise engaged in landscaping the village, which will cut down and take out the threatening wood.
How to cut a neighbor's tree
If a tree in a neighboring area bothers you, you need to take into account other norms. So, according to the planning rules, the distance from the tree to the border of the site should be:
- for tall prod (more than 15 m) - at least 4 m;
- for medium-sized (10-15 m) - at least 2 m;
- for undersized (less than 10 m) and shrubs - at least 1 m.
It should also be borne in mind that according to the town-planning SNiP 2.07.01-89, the minimum distance between the trunk and the wall of the structure must be at least 5 m.
If the tree does not meet the planting standards, you have the right to first demand in writing from the neighbor to eliminate the violation, and if he does not do this, go to court. In the court application, it is necessary to indicate what exactly the violation consists of (for this you will need to provide a link on norms), why you are forced to act through the court (for this, a written claim to a neighbor is needed). At the end, you must indicate a request to the court to make a decision, according to which your neighbor will be obliged to eliminate the violation of your rights - to cut down the tree planted with violations.
It should be noted that there is no 100% guarantee that the court will make the right decision: the judge may consider the request unreasonable and reject it. And appealing his decision will require time, money for fees and legal knowledge.
Conclusion
It won't work just like that to cut down an unnecessary tree even on your site - you first need to get permission. But even if you turn to local authorities, it is not a fact that a felling ticket will be issued.
If the tree grows in someone else's territory, then it is even easier to negotiate with a neighbor than to go and get a saw cut through the court.
Do you know how to legally cut a tree on your site?
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