The ban on felling and clearing applies annually from 1 March to 30 September and serves in particular to protect nesting birds and small animals. During this period, it is prohibited to cut down, prune or remove trees that are located outside the forest, short rotation plantations or horticultural land, hedges, living fences, bushes and other woody plants. Gentle shaping and maintenance pruning to remove the growth of plants or to maintain the health of trees is permitted all year round.
In principle, the term "land used for horticultural purposes" used in Section 39 para. 5 sentence 1 no. 2 BNatSchG is not the same as the term "land used for commercial horticultural purposes".
The current legal regulations presuppose that the land is used for horticultural purposes, which primarily includes gardens for plant production and ornamental gardens cultivated for aesthetic purposes. This means that domestic gardens, front gardens and allotment gardens are also considered to be used for horticultural purposes. According to the special regulations in the state of Saxony-Anhalt, these are exempt from the prohibitions of Section 39 para. 5 sentence 1 no. 2 BNatSchG.
This means that trees may be felled on these areas all year round as long as the protection of species in accordance with Section 39 (1) BNatSchG and Section 44 BNatSchG is guaranteed by the persons carrying out the work. It must be ensured that the prohibitions of species protection are not affected by the felling. Strictly or specially protected species include all native bird species as well as bats, hornets, xylobiont beetles and dormice.
However, clearing or massive pruning of shrubs and hedges outside the statutory period is not permitted.
In the case of properties that are categorised as inner areas under building law, the trees may be subject to a tree protection statute of the city or municipality. This must be checked in advance.
Trees on plots of land that are outside the forest under building law are subject to the tree protection ordinance of the Börde district. In this case, felling, clearing and massive pruning must be applied for in advance from the lower nature conservation authority throughout the year.
In order to avoid conflicts, it is advisable to contact the respective municipality or the lower nature conservation authority of the Börde district via naturschutz-forsten(at)landkreis-boerde.de in advance of the measure.
Application forms can be found online at https://www.landkreis-boerde.de/landkreis/kreisverwaltung/struktur/dezernat-3/amt-fuer-natur-und-umweltschutz.