For example, they sustainably improve the urban climate by producing oxygen, binding CO2, filtering dust and creating shade. They therefore make a significant contribution to the well-being of the city's inhabitants. In addition to these directly perceptible effects, ecological, economic and social factors also play a role. In order to protect important, mature tree populations and woody structures, there are legal regulations (see Tree felling and pruning) that must be observed with regard to maintenance or even removal or felling.
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Tree felling and pruning
Intervention regulations
Interventions that could significantly impair the performance and functionality of the ecosystem or the landscape require approval (see also Section 14 of the Federal Nature Conservation Act - BNatSchG).
Tree felling, the removal of a row of trees/an avenue, a hedge, a field copse or a field edge may require the approval of the lower nature conservation authority in accordance with Section 17 (3) BNatSchG. This is the case if it is a significant intervention that is not carried out by an authority and does not require official approval or notification under other legislation.
The party responsible for an intervention is obliged to compensate for unavoidable impairments through nature conservation and landscape management measures (compensatory measures) or to replace them (replacement measures).
For further information and application documents, see Approval of an intervention in accordance with Section 17 (3) of the Federal Nature Conservation Act - Application - Online City Hall WolfsburgGeneral species protection
For the general protection of wild animals and plants, it is prohibited from March 1 to September 30 of each year to clear, cut, prune or otherwise remove hedges, trees, bushes and other woody plants (see Section 39(5)(2) of the Federal Nature Conservation Act - BNatSchG).
This prohibition does not apply to- Trees standing in forests, on short rotation plantations or on areas used for commercial horticultural purposes,
- careful shaping and maintenance pruning to remove the growth of plants or to maintain the health of trees, whereby, for example, topping a tree is always a tree-destroying measure and has nothing to do with tree care,
- Interventions within the scope of the duty to maintain road safety, but only if there is imminent danger and road safety cannot be ensured in any other way, for example by means of barriers. This means that traffic safety measures that can be postponed, for example to keep the clearance profile on traffic routes clear, must be carried out during the vegetation-free period,
- Measures that are authorized by the authorities, but only if they are in the public interest and cannot be carried out in any other way or at any other time,
- the removal of minor woody vegetation for permitted construction projects.
Please note: Irrespective of these permit-free circumstances or legal exceptions, the following legal bases on special species protection, biotope protection, natural monuments and protected landscape features must always be observed!
Special species protection
The protection of specially or strictly protected animal species must also be observed all year round in accordance with Section 44 (1) BNatSchG. These include all European breeding birds, bats, hornets and the hermit, a rare species of beetle that lives in trees. These animals must not be injured, caught or killed and their breeding and resting places must not be impaired. This means that trees in which breeding birds are rearing their young at the time of removal, trees with cavity structures or with breeding or resting places for birds, bats, hornets or hermits may not be removed.
Bird nests that are permanently abandoned (this is usually the case from October onwards) may generally be removed, unless they are nests that are used several times, for example raptor nests, swallow nests or cave nests. As it is not always easy to detect protected species in practice, the mere presence of such structures (e.g. tree hollows, wall crevices, roof trusses) requires particular care. If in doubt, the nature conservation authority should therefore always be consulted.
Biotope protection
In accordance with Section 30 of the Federal Nature Conservation Act (BNatSchG), statutory biotope protection must be observed throughout the year for all pruning measures (see Legally protected biotopes). Woody plants can be part of protected biotope areas, for example fruit trees in orchards. In this case, the trees may only be felled if the lower nature conservation authority grants an exception.
Please also note the legal regulations on natural monuments and protected landscape features.
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Natural monuments
Natural monuments are legally established individual creations of nature or corresponding areas of up to five hectares. Their special protection is required for scientific, natural-historical or regional reasons or because of their rarity, uniqueness or beauty. Natural monuments are regarded as "ambassadors" of environmental awareness and are usually marked with a corresponding sign. The removal and all actions that could lead to the destruction, damage or alteration of the natural monument are prohibited in accordance with detailed regulations (see Section 28 BNatSchG).
There are over 100 natural monuments in the city of Wolfsburg, including several old oak, lime and chestnut trees as well as "Die Drei Steine", an old sandstone formation in Wolfsburg's city forest and the "Alte Teich" in the northern part of the city. A natural monument can include several trees.
Pedunculate oak natural monument
in Vorsfelde (ND 103)
Natural monument "The Three Stones"
in the Wolfsburg city forest (ND 24)
Statutes and regulations
- Ordinance on natural monuments in the city of Wolfsburg
- Ordinance on natural monuments in the city of Wolfsburg
- Ordinance on the protection of natural monuments in the district of Gifhorn
- Ordinance on the protection of natural monuments in the city of Wolfsburg dated 23.03.1971
- Ordinance on the protection of a natural monument in the city of Wolfsburg (Alter Teich) dated 08.12.1977
- Ordinance on the protection of natural monuments in the area of the city of Wolfsburg (13 oak trees in Fallersleben) dated 17.03.1977
- Ordinance on the declaration of the "Almker Merkelgrube" as a natural monument dated 15.01.1985
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Protected landscape elements (tree protection statutes, monument protection)
Tree protection statute
In Germany, a protected landscape feature is a legally binding part of nature and landscape in accordance with Section 29 of the Federal Nature Conservation Act, the special protection of which is necessary to preserve, develop or restore the performance and functionality of the natural balance, to revitalize, structure or maintain the townscape or landscape, to prevent harmful effects or because of its importance as a habitat for certain wild animal and plant species. Wolfsburg's protected landscape features are protected by tree protection statutes.
Tree protection statutes of the city of Wolfsburg
In the city of Wolfsburg, there are tree protection statutes for the Teichbreite and Rabenberg districts. The bylaws cover all trees in these areas, which are recorded in tree population maps and entered in tree population plans. The guidelines for recording the trees to be placed under protection can be found in the annexes to the bylaws.
In principle, it is prohibited to remove, destroy, damage or significantly change the shape of protected trees or to damage their roots in any way. Standard professional care and maintenance measures may be carried out. Measures for the proper design, care and protection of green spaces are permitted. Measures that cannot be postponed to avert an imminent danger are also permitted. They must be reported to the city immediately. Exceptions and exemptions may be granted by the Lower Nature Conservation Authority under certain conditions.
- Statutes for the protection of trees in the city of Wolfsburg, Teichbreite district, as protected landscape features - tree protection statutes
- Attachment to the tree protection statute pond width
- Statutes for the protection of trees in the city of Wolfsburg, Rabenbwerg district, as protected landscape features - tree protection statutes
- Annex to the tree protection statute Rabenberg
Monument protection
Trees are also protected on Steimker Berg. This district as a whole is a listed building, which means that any interventions in the old trees require prior approval. The Lower Monument Authority in the Urban Planning and Building Consultancy Division is responsible: Monument Protection
Development plans
Individual trees or groups of trees may be protected by a stipulation in the development plan; further conditions would have to be observed here.