Bomenverordening Lansingerland 2018 – Tree Protection and Felling Regulations
The Bomenverordening Lansingerland 2018 is a municipal ordinance established by the local council of Lansingerland, Netherlands. Issued under the authority of Article 149 of the Municipality Act (Gemeentewet) and Article 2.2 of the Environmental Permitting General Provisions Act (Wabo), this regulation governs the protection, maintenance, and felling of trees and woody vegetation within the municipality. It replaced the previous 2012 ordinance with the aim of simplifying procedures while maintaining existing levels of environmental protection through the implementation of the Groene Kaart (Green Map).
The scope of the regulation covers all defined houtopstand (woody stands), including individual trees, groups of trees, and shrubs. A boom (tree) is specifically defined as a vital woody plant with a trunk circumference of at least 45 centimeters measured at 1.3 meters above ground level. The ordinance details the permit requirements for vellen (felling), which includes activities such as cutting, uprooting, transplanting, and pruning more than 30 percent of the crown or root system. It categorizes protection into two levels—High and Standard—represented visually on the Groene Kaart by dark green points and light green zones respectively.
The document provides a structured framework for permit applications, assessment criteria based on ecological and cultural values, and mandatory replanting obligations. It also contains specific provisions for dealing with tree diseases, emergency felling, and the evaluation of tree-related nuisances such as shade or falling leaves.
Definitions and Terminology
Article 1 defines the technical terms used throughout the ordinance to determine which vegetation falls under regulatory protection.
- Boom: A woody plant with a minimum trunk circumference of 45 cm at a height of 1.3 meters.
- Houtopstand: One or more trees, woody plants, or shrubs, including thickets, hedges, and coppices.
- Vellen: Any action resulting in the death or serious damage to a tree, including pruning more than 30% of the crown or roots.
- Dunnen: Selective felling carried out as a maintenance measure to promote the growth of the remaining stand.
Felling Prohibitions and Exemptions
Article 2 establishes a general prohibition on felling protected woody stands without a permit. This prohibition also applies to trees smaller than 45 cm in circumference if they were planted as part of a previous replanting obligation or an environmental agreement.
- Permit Exemptions: No permit is required for periodic pollarding (knotten) or candelabra pruning, thinning operations by the municipality, or felling required by the Plantenziektenwet (Plant Diseases Act).
- Emergency Felling: The Mayor may grant immediate permission for felling in cases of urgent and significant danger to public safety.
- Groene Kaart: The protected status of a stand is determined by its classification on the Green Map, which is updated annually by the municipal executive.
Assessment Criteria for Permits
The municipality evaluates permit applications based on the protection level designated on the Green Map. Applications may require a Bomen Effect Analyse (BEA) to assess the impact of construction on existing trees.
- High Protection Level: Permits are only granted in exceptional cases where a heavy social interest outweighs conservation or when maintenance is no longer responsible due to safety risks.
- Standard Protection Level: Refusal of a permit occurs if the interests of felling do not outweigh values related to nature, landscape, cultural history, urban aesthetics, or recreation.
- Construction Projects: Permits for felling due to construction are typically only granted once the spatial planning procedures are irrevocable or project progress is sufficiently guaranteed.
Replanting and Maintenance Obligations
Article 6 stipulates that the municipality can impose a herplantplicht (replanting obligation) when a permit is granted or when a tree has been felled illegally.
- Timing: Replanting must occur within 12 months of the permit being issued, preferably between October and March.
- Location: If replanting is not possible on-site, the municipality will designate an alternative location.
- Standards: New trees must meet minimum size requirements: 20/25 cm circumference for high-protection replacements and 16/18 cm for standard-protection replacements.
- Boundary Distance: Trees must be set back at least 1 meter from the property boundary; for shrubs and hedges, the distance is nil.
Frequently Asked Questions
What is the minimum size of a tree that requires a felling permit?
A permit is generally required for trees with a trunk circumference of 45 centimeters or more, measured at 1.3 meters above ground level.
Is a permit needed to prune a tree in Lansingerland?
A permit is required if the pruning involves more than 30 percent of the crown or root system, unless it is standard periodic maintenance like pollarding.
Can I fell a tree because it blocks sunlight for my solar panels?
No, Annex E specifies that the positioning of trees relative to solar panels is not a valid argument for granting a felling permit.
How close to the property line can I plant a new tree?
According to Article 8, the distance from the property boundary is set at 1 meter for trees and 0 meters for shrubs or hedges.
What happens if a tree is felled illegally without a permit?
The municipality can impose a fine, require a mandatory replanting at the owner's expense, or initiate a damage recovery process based on a valuation by a tree appraiser.
When must I carry out the required replanting of a tree?
Replanting must be completed within 12 months of the permit date, strictly avoiding periods of frost and preferably occurring between October and March.
What is a Bomen Effect Analyse (BEA)?
A BEA is a standard assessment of the consequences that proposed construction or installation works will have on existing woody stands, based on national guidelines.
Is shade from a tree a valid reason for a felling permit?
Normal shade is not a reason for a permit; unlawful nuisance from shade is only considered if there are fewer than 12 hours of light due to the tree's position.
