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Felling Trees – Do you need a license?

Felling Trees – Do you need a license?

Felling trees in Ireland is regulated under the Forestry Act 2014, which states that trees cannot be cut down without obtaining a felling license from the Department of Agriculture, Food and the Marine. While there are exemptions to this rule, under the current legislation a license is required in order to fell any tree. Padraic O’Leary tells us more.

Understanding when a felling license is needed and when an exemption applies can help owners avoid potential penalties and ensure compliance with forestry legislation. In preparation for harvesting, a felling licence should be applied for well in advance of when works are planned to commence.

What is a felling license?

A felling license is official permission to fell trees. It ensures that tree removal is carried out in a way that minimises the risk to biodiversity, landscape, water quality and the wider environment.

Applications for a Felling license are submitted to the Department of Agriculture, Food and the Marine (DAFM), who assess if environmental safeguards are met and adhered to.

There are three main categories of felling licenses:

  • Clearfell license – the total forest area is removed and then replanted
  • Thinning license – selected trees within a forest are removed to improve the growth of the remaining trees.
  • Single Trees or Line of Trees– smaller scale operations such as removing individual trees or tree lines.

Making a tree felling licence application

A felling licence must be issued by DAFM before any felling is carried out, unless the trees are classified as exempted. It is an offence to fell trees without a felling licence if an exemption does not apply.

It is very important that an applicant reads the guidance notes very carefully before filling out the felling licence application form. For instance, if an applicant requires a 10-year licence, details of all proposed felling operations for the 10-year period must be supplied in the felling information table, in Part 3 of the form. Otherwise, a licence will only be issued to cover the fell operations and years specified. It is recommended to think about the replanting program before submitting a clearfell licence and assess all options and grant supports that are available.

Consultation procedures

All applications submitted for approval require public consultation:

  1. A 30-day consultation period will commence on receipt of the licence application. Applications are free to view on the DAFM Forestry Licence Viewer. Any member of the public can make a submission within 30 days of publication of the licence application. A fee of €20 for a submission on any application will apply.
  2. A second 30-day consultation period will commence after receipt of a Natura Impact Statement (NIS) or after an Appropriate Assessment Report is produced by the Department, and relevant documentation will be published on the DAFM Forestry Licence Viewer. If a NIS is submitted with the initial application only one public consultation period is required.
  3. On publication of a licence decision from DAFM, any member of the public can submit an appeal within 14 days to the Forestry Appeals Committee. A fee of €200 for making an appeal applies.

Site Notice

A Site Notice must be erected at least seven days prior to the commencement of forest harvesting operations and must be maintained in position for the entire duration of the works. The notice must be renewed or replaced if it is removed or becomes defaced or illegible within that period.

Felling of trees – exempted trees

Here are some common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act, 2014:

  • A tree within 30 metres of a building (other than a wall or temporary structure) but excluding any building built after the trees were planted.
  • Trees outside a forest – within 10 metres of a public road and which, in the opinion of the owner (being an opinion formed on reasonable grounds), is dangerous to persons using the public road on account of its age or condition.
  • Trees outside a forest – the removal of which is specified in a grant of planning permission.
  • Trees outside a forest – of the hawthorn or blackthorn species.
  • Trees outside a forest – in a hedgerow and felled for the purposes of its trimming, provided that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the ground.
  • Trees outside a forest – on an agricultural holding and removed by the owner for use on that holding, provided:
    • It does not form part of a decorative avenue or ring of trees
    • Its volume does not exceed 3 cubic metres, and
    • That the removal of it, by the owner for the foregoing purpose, when taken together with the removal of other such trees by the owner for that purpose, would not result in the total volume of trees, on that holding and removed by the owner for that purpose, exceeds 15 cubic metres in any period of 12 months.

 This exemption does not apply in the case of a tree:

  • Within the curtilage or attendant grounds of a protected structure under Chapter 1 of Part IV of the Planning and Development Act of 2000 (Act of 2000)
  • Within an area subject to a special amenity area order
  • Within a landscape conservation area under section 204 of the Act of 2000
  • That is more than 150 years old
  • Within:
    • A monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994
    • A historic monument or archaeological area entered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act 1987
    • A national monument in the ownership or guardianship of the Minister for the Arts, Heritage and the Gaeltacht under the National Monuments Acts 1930 to 1994
    • A European Site or a Natural Heritage Area within the meaning of Regulation 2(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Felling of trees is an activity that requires licencing and approval from DAFM before work can commence. Understanding the requirements is an important initial consideration to ensure compliance. Further information is available through your local Teagasc forestry advisor or online at teagasc.ie/forestry

Read more about Tree Felling Licences