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5. On the order of removal of plant world objects in human settlements

On the order of removal of plant world objects in human settlements

Removal and transplantation of flora objects is regulated by the Law of the Republic of Belarus of June 14, 2003 No. 205-3 “On Plant World”, by the Resolution of the Council of Ministers of the Republic of Belarus of October 25, 2011 No. 1426 “On Some Issues of the Treatment of Flora Objects“ and other legislative acts.

Removal and transplantation of flora objects are possible on the basis of documents:
approved in the prescribed manner of project documentation;
permits of the local executive and regulatory body;
conclusions on the recognition of a tree as dangerous;
decisions of the state body that established restrictions or prohibitions in relation to plant world objects to be removed;
the act on the availability of plants for plants related to the species, the distribution and number of which are subject to regulation;
prior notice to the local executive and regulatory body.
Based on the project documentation approved in the established order, the plant world objects are removed, transplanted during the construction of objects, if the project documentation provides for their removal (transplant), as well as the size and conditions of compensation payments or plantings of the cost of the removed plant world objects.
To obtain permission to remove plant world objects in case trees, shrubs impede the operation of buildings, structures and other objects, a legal or natural person submits an application to the local executive and administrative body indicating the grounds. The local executive and administrative body requests the conclusion of the organization specially authorized by it about the existence of circumstances in which plant world objects impede the operation of buildings, structures and other objects and ensure that public discussions are held on the planned removal and replanting of plant world objects.
Without the permission of the local executive and administrative body, plant world objects that grow within the borders of land plots, privately owned citizens, life-long inherited possession of citizens, private property of non-state legal entities, property of foreign states, international organizations can be removed.
If, for example, an apple tree died in your garden and you cut it down, then you didn’t break anything. However, if the tree is not in the territory of your site, cutting it down without permission or execution of the relevant documents is prohibited.
Executive permits are not required to remove dangerous trees. Dangerous trees are trees that have fallen or create, through their probable fall, the threat of harm to the life and health of citizens, the property of citizens and legal entities. To remove such a tree, you must obtain the opinion of the authorized organization. Usually this is done by the housing and utilities services or Zelenstroy. A representative of the organization photographs a tree, describes the signs, according to which it is considered dangerous.
No permit is required for the removal of trees, shrubs related to the species, the distribution and number of which are subject to regulation. These include the ash maple tree, Robinia, pseudoacacia, etc. To remove them, an act is required on the presence of the growing places of plants belonging to the species, the distribution and number of which are subject to regulation. The act is made by the land user with the participation of a representative of the territorial body of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and sends a copy to the local executive and administrative body.
Violation of the requirements of the law entails disciplinary, administrative, criminal liability in accordance with the law.