Trees under protection – legal duties and responsibilities

In Poland, the protection of trees is a matter of significant legal and environmental importance, extending beyond mere aesthetics to encompass ecological functions and cultural heritage. The article from Rzeczpospolita delves into the intricate legal framework governing trees, particularly those designated as natural monuments or forming roadside avenues, highlighting both the protections afforded and the responsibilities imposed.

The legal status of trees in Poland is multifaceted. While some trees gain formal protection as natural monuments through municipal council resolutions, a process that imposes strict prohibitions on their destruction or alteration, many others, despite possessing similar valuable characteristics, may not receive such designation. This selective protection underscores the importance of local administrative decisions in safeguarding specific trees. Furthermore, roadside avenues, recognized for their landscape and ecological value, benefit from regulations requiring consultation with the regional environmental protection director before any felling can occur, adding another layer of oversight.

The law stipulates that removing a tree generally requires a permit or notification, with specific exceptions outlined in the Environmental Protection Act. When considering permit applications, administrative bodies are tasked with balancing public interest in nature conservation against the individual applicant's needs. A crucial aspect of this legal regime is the imposition of administrative monetary penalties for illegal tree removal or damage. This liability is often objective, meaning it applies regardless of fault, emphasizing the strictness of the regulations. These penalties are typically mandatory and calculated based on established legal formulas, often as multiples of the fee for authorized tree removal.

Beyond outright felling, Polish law also addresses damage to tree crowns. Removing more than 30% of a tree's crown is considered damage, while exceeding 50% constitutes destruction, barring specific exceptions like the removal of dead branches. This detailed regulation means that entities performing such work bear administrative responsibility, potentially including the property owner and the contractor if they exceed the scope of their mandate or act without proper authorization. This comprehensive legal approach reflects Poland's commitment to preserving its natural and cultural heritage through robust environmental legislation.