The State Forest Service has begun implementing the Constitutional Court judgment, which provides for the revocation of those felling permits for cutting areas in which the diameter values have been declared invalid. According to the State Forest Register, inspections are to be carried out in 5874 forest stands. They are planned to be completed by 15 May 2024.
The State Forest Service advises that a felling permit will be revoked if the diameter of the dominant tree species in the forest stand is smaller than it was under Cabinet of Ministers Regulation No. 935, which was in force until 29 June 2022, and if the rights granted by the permit have not already been exercised at the time of the inspection. Forest owners will receive information about the decision in accordance with the procedure laid down in the Notification Law.
In cases where a felling permit is revoked, the forest owner will be entitled to recover the state fee paid for the issue of the felling permit by submitting an application for a refund of the state fee to the State Revenue Service. Matters concerning legal transactions already concluded for the harvesting of cutting areas, however, are to be resolved under civil law, because, as stated in the Constitutional Court judgment, the forest owner's legitimate expectations are not protected in this situation.
We would remind you that on 8 April 2024 the Constitutional Court judgment in the case “On the compliance of Annex 7 to Cabinet of Ministers Regulation No. 935 of 18 December 2012, ‘Regulations on Tree Felling in Forests’, in so far as it reduces the final felling diameter according to the dominant tree species and site index, with Article 115 of the Constitution of the Republic of Latvia” entered into force. The judgment provides for the revocation of those felling permits for cutting areas based on the final felling diameter in which the diameter values have been declared invalid as of 30 June 2022.