With the entry into force of amendments to Cabinet of Ministers Regulation No. 309 “Regulations on felling trees outside forests”, the Nature Conservation Agency (the Agency) draws attention to the most significant changes in the tree protection process. The new procedure provides for more targeted involvement of the Agency – resources will be concentrated on the preservation of the most biologically valuable trees, ancient trees and habitats of rare species, while significantly reducing the administrative burden in cases where trees do not have a special protected status.
The main benefit of the amendments is more precisely defined priorities for the Agency. The changes to the regulations ensure that natural values are not irreversibly destroyed during tree management or construction processes, while simultaneously accelerating approval procedures in cases related to trees that are potentially not habitats for protected species or that may have a lower biological and biodiversity value. The Agency calls on landowners, local governments and construction contractors to pay attention to the main conditions that define the Agency's competence and responsibility in the new procedure.
Paragraph 9 of the regulations clearly defines the range of trees for which direct Agency permission is always required; these are:
- protected trees of national importance or ancient trees,
- trees in protected dendrological plantings and protected avenues,
- trees of specially protected plant species and trees registered in the state nature data management system Ozols as a habitat for a specially protected species.
A local government permit or building permit does not replace these requirements. The Agency reminds that even in cases where a tree has died or become dangerous, the simplified felling procedure does not apply to these trees, and prior Agency permission must be obtained, as even such trees can be habitats for specially protected species.
Local governments must henceforth request an opinion from the Agency before issuing a felling permit in situations where biologically old trees and habitats of rare species, such as the hermit beetle (Osmoderma eremita), are most frequently found. An opinion is mandatory if:
- the tree is planned to be felled in parks, avenues, or as an isolated tree along state and municipal roads,
- within the territories of cultural monuments and their protection zones,
- within the coastal dune protection zone of the Baltic Sea and the Gulf of Riga,
- as well as if the tree has reached the size of a potential ancient tree – at least 90% of the circumference of an ancient tree of the respective species (for example, for a common bird cherry, a municipal permit is required from a circumference of 1.1 metres, but an Agency opinion is only required from 1.5 metres).
At the same time, in state-protected nature areas, the requirement for an Agency opinion has henceforth been narrowed to state-significant geological and geomorphological natural monuments.
The Agency must provide its opinion to the local government within 10 working days of the date of receiving the request. Henceforth, if the Agency's opinion is not received within the specified deadline, in accordance with the regulations, the felling of the trees is considered approved, and the local government may take a final decision.
The Agency invites residents and real estate developers to check nature data in the Ozols (ozols.gov.lv) system before planning tree felling and to consult with Agency specialists in case of uncertainty.
