Tree felling that does not require a tree felling licence
There are circumstances where the felling of a tree is exempted from the need to obtain a tree felling licence.
However, it is advisable to notify the Forest Service of the DAFM that felling is to take place and it will decide if the trees in question are exempted.
The below details the most usual situations where a tree felling licence is not required.
Exempted Trees under the Forestry Act 2014
There are certain instances where the felling of a tree is exempted from the need to obtain a tree felling licence (e.g. within 30 metres of a building). Section 19 of the Forestry Act 2014 details the instances where the felling of a tree is exempted.
It is important to note that, while some trees are exempted from the need to obtain a tree felling licence, the Forest Service must be notified that felling is to take place and it will decide if the trees in question are exempted. These scenarios in the Forestry Act 2014 are identified by the use of the text “in the opinion of the Minister”. Some scenarios where the felling of trees is exempted and the Minister does not need to be notified are detailed in Table 1.
Note that under the Planning and Development Acts 2000 to 2011 the Local Authorities have a mandatory responsibility to include objectives in the Development Plan relating to the preserving of amenities. This empowers the planning authority to make provision for tree preservation by establishing a Tree Preservation Order (TPO).
No tree covered by a TPO may be felled, topped, lopped or destroyed without the consent of the planning authority.
Also it is worth stating that, in the opinion of the Minister, trees planted and managed solely for its foliage or for decorative purposes, such as Christmas trees, are exempted from the requirement to apply for a felling licence.
Exempted Trees under other legislation
Other legislation also includes provisions to fell trees without the need to obtain a tree felling licence. An example of this is the Electricity Regulation Act, 1999. Exempted bodies or national authorities exempted from the requirement of a felling licence include but may not be limited to:
o Bord Gáis (Section 27, Gas Act, 1976);
o Aer Rianta (Section 46, Air Navigation and Transport (Amendment) Act, 1998);
o CIÉ or any other railway undertaking (Section 49, Transport (Railway Infrastructure) Act, 2001);
o CIÉ (Section 15, Transport (Dublin Light Rail) Act, 1996);
o Any telephone/mobile network operator (Section 58, Communications Regulation Act, 2002);
o The ESB (Section 45, Electricity Regulation Act, 1999);
o NPWS (Section 72, Wildlife (Amendment) Act, 2000);
o Minister for Defence (Section 7, Defence (Amendment) Act, 1987);
o Inland Fisheries Act (Section 59, Inland Fisheries Act, 2010).
In all cases, it is the responsibility of the land owner or the person felling the tree to
ensure that they are acting within the law.
None of the exemptions granted under Section 19 of the Forestry Act 2014 serve to remove any restriction on the felling or removal of trees under (a) the Planning and Development Acts 2000 to 2013, (b) the Wildlife Acts 1976 to 2000, and in particular section 40 of the Wildlife Act 1976, or (c) any other enactment.
Table 1. Common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act 2014.
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