City to pay 3.5 million PLN for tree felling; drought and beavers no defense

A Polish city faces a hefty 3.5 million PLN penalty for tree felling, a consequence upheld by the Supreme Administrative Court. The court determined that factors like drought and beaver activity do not excuse the obligation to pay for tree removal when replacement plantings fail.

The dispute originated from a local government's decision in 2016 to clear trees for an economic activity zone. The starosta (district governor) granted permission but mandated compensatory plantings, requiring the city to plant over 600 new trees within a specified period. The payment for the removed trees was deferred for three years after the completion of the compensatory planting deadline.

However, the city's efforts to fulfill the ecological compensation requirement faltered. Many of the newly planted trees did not survive. The city cited damage from deer and beavers, river flooding, and land-use changes as reasons for the failure. An inspection confirmed that only 97 out of 616 planted trees remained viable, with some species differing from the original decision and supporting stakes destabilized.

The court's ruling emphasizes that natural conditions like drought or the presence of wildlife, such as beavers, are not considered independent of the entity responsible for the plantings. Consequently, the city remains liable for the original tree removal fee, with only a minimal credit for the few surviving trees, resulting in the substantial 3.5 million PLN payment.