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Exemption under nature conservation law; application

Certain parts of the landscape are protected by law. If you want to deviate from the prohibitions, you need an exemption if no legal exception applies.

Responsible for you

Landratsamt Passau - Naturschutz und Landschaftspflege, AGENDA 21

Landratsamt Passau

Street address

Domplatz 11
94032 Passau

Postal address

Postfach 1972

94009 Passau

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Procedure details

In the period from March 1 to September 30, it is prohibited to cut down or uproot trees, hedges, living fences, bushes and other woody plants that are located outside areas used for horticultural purposes.

In the Free State of Bavaria, green spaces, parks, cemeteries, sports grounds and other outdoor facilities, street trees and avenues as well as trees in the open countryside are not considered to be areas used for horticultural purposes.

This prohibition does not apply

  • to trees in short rotation plantations or areas used for horticultural purposes (areas used for commercial horticulture, home gardens, allotment gardens and orchards are considered areas used for horticultural purposes in Bavaria),
  • for careful shaping and maintenance pruning to remove growth and maintain the health of trees (e.g. normal hedge pruning, removal of dead wood or damaged branches, so-called summer pruning of fruit trees),
  • for measures ordered by the authorities,
  • for measures that cannot be carried out in the public interest by other means or at other times, if they are
    • are carried out by the authorities,
    • are authorized by the authorities or
    • serve to ensure traffic safety,
  • in the case of permitted construction projects, if only minor woody vegetation is removed to realize the construction project,
  • for interventions in nature and landscape permitted under § 15 BNatSchG.

Exemptions from this prohibition are possible in accordance with Section 67 (1) BNatSchG and can be applied for from the lower nature conservation authority.

  • There must be an overriding public interest or
  • the prohibition would lead to an unreasonable burden in the individual case and
  • the deviation must be compatible with the interests of nature conservation and landscape management.

You must apply for exemption from the relevant lower nature conservation authority.

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Status: 28.04.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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