Veteran trees are protected in Latvia – felling one requires a permit from the Nature Conservation Agency (the Agency). In recent years, however, there have been several cases in which landowners have destroyed such trees unlawfully, or municipal officials have exceeded their powers by issuing illegal felling permits. Acting in this way without approval is against the law and carries criminal liability. Compensation for damages for a single veteran tree can range from 23,000 to as much as 81,000 euros.
The felling of protected trees is governed by Cabinet of Ministers Regulation No. 264, which stipulates that only the Agency has the right to decide on the felling of a veteran tree, and then only in special cases, for example if the tree has become dangerous. Every veteran tree – including one that is not registered in the “Ozols” nature data management system or marked with the veteran tree identification sign, a white oak leaf on a green background – is protected if it reaches the specified dimensions. The size criteria for each tree species can be found in Annex 2 to the regulation – for oak, for instance, it is 4 metres in girth, for lime 3.5 metres, for pine 2.5 metres and for thuja 1.5 metres.
“Veteran trees are unique natural monuments whose age, size and story shape the landscapes of Latvia. They play a major role in maintaining biological diversity. They are home to many species of living organisms, including rare and endangered ones. That is why they are protected by legislation, but responsibility – the duty of care for them – rests with the landowner on whose land the veteran trees grow. They grow continuously, and each year around 200 new trees reach the parameters that qualify them as veteran trees, so nature experts cannot possibly measure them all. It is the owner who is the first to recognise the stature of their tree and to ensure that it is preserved,” emphasises Gita Strode, Director of the Agency's Nature Conservation Department.
The consequences of felling a veteran tree without approval are serious. In Nereta parish, an owner had a western thuja felled on their own initiative, for which the appeal court imposed 23,650 euros in compensation for damages and 200 hours of community service. The case will be heard further by the court of cassation. In Engure parish, a Scots pine was illegally cut down; as a result, the court of first instance ordered 27,500 euros in compensation for damages to be recovered from the owner, along with 120 hours of community service. The judgment has been appealed to the court of cassation.
Two cases of unapproved veteran tree felling have also occurred in the North Vidzeme Biosphere Reserve. A common lime was felled in Lode parish. As the tree stood within the biosphere reserve, the severity of the violation is aggravated and the extent of the damage caused to the environment is doubled; criminal proceedings have been initiated and the calculated damages amount to 81,400 euros. In Salacgrīva district, meanwhile, a municipal official unlawfully issued a permit to fell a Scots pine without verifying the tree's status; the tree stood not only within the biosphere reserve but also within the protection zone of a cultural monument. The court imposed 55,000 euros in compensation for damages, 140 hours of community service and a two-year ban on holding any post involving the issuing of tree felling permits. The judgment has entered into force.
One of the most high-profile recent cases of illegal veteran tree felling took place in Mārupe – a pedunculate oak that had reached a girth of 4.31 m was cut down. The tree was registered in the nature data system
“Ozols”, and its status as a veteran tree was also confirmed by the identification sign attached to it, yet it was felled without the action being agreed with the Agency. Several sets of legal proceedings were initiated, including against the Mārupe Building Authority over the issuing of a building permit within the protection zone of a veteran tree. For the arbitrary felling of the veteran tree in the interests of the landowner – a company – the court of first instance ordered the company to pay 27,500 euros in compensation for damages and confiscated the property on which the tree had grown for the benefit of the state. The court's decision has been appealed to the appeal court. Proceedings concerning the building permit that was issued are still ongoing.
More about landowners' obligations can be found on the Agency's website in the section “Natural monuments – protected trees, or veteran trees”. The Agency urges people to act lawfully and to verify a tree's status before any felling, in order to avoid irreversible damage to the environment and serious legal consequences.