On the clarification of the rules for the removal of plant life objects

The Ministry of Natural Resources and Environmental Protection, having considered at the Commission on Emergency Situations under the Council of Ministers of the Republic of Belarus the issue of measures taken and proposals for improving preemptive organizational and technical measures for eliminating the consequences of hazardous meteorological phenomena, regarding the removal of plant world objects during the elimination of emergency situations and their consequences, recognized as hazardous or fallen, hereby reports the following.

In accordance with Article 379 of the Law of the Republic of Belarus of June 14, 2023 No. 205-Z "On the Plant World" (hereinafter referred to as the Law), the removal of plant world objects during the elimination of an emergency situation and its consequences is permitted in cases where the elimination of the emergency situation and its consequences is impossible without the removal of plant world objects. Such works are carried out without a permit and prior notification of the local executive and administrative body, or the park administration.

In this case, within five days from the date of removal of plant world objects, the persons who carried out the removal of plant world objects are obliged to send a notification to the local executive and administrative body containing information about the removed plant world objects.

The removal of hazardous

, in accordance with Article 376 of the Law, is carried out based on a conclusion recognizing the tree as dangerous. The conclusion recognizing the tree as dangerous is issued by an authorized person appointed by the local executive and discretionary body. To obtain a conclusion recognizing the tree as dangerous, users of land plots within which dangerous trees grow, or persons authorized by them, independently apply to the authorized person.

For reference: dangerous trees - trees that, by their probable fall, pose a threat of causing harm to the life and health of citizens, and to the property of citizens and legal entities (deadwood, affected by trunk rot, having other significant damage to the trunk and (or) root system, lodged on buildings, structures, other trees, as well as leaning towards buildings, structures, when the radius of possible fall of such trees exceeds the safe distance to these buildings, structures).

Removal of fallen trees, depending on their location, is carried out based on a prior notification or permit from the local executive and discretionary body, or the park administration.

Based on a prior notification from the local executive and discretionary body or the park administration, in accordance with the second part of Article 378 of the Law, the removal of trees that have fallen on land of general use is carried out.use.

In this case, the authorized person responsible for the maintenance of green spaces located on public lands of settlements shall, no earlier than fifteen days and no later than five days before the planned removal of fallen trees in these areas, send a preliminary notification to the local executive and administrative body, or the park administration, about the planned removal of plant species.

If fallen trees are located on reserve lands, then in accordance with Article 373 of the Law, it is necessary to obtain permission from the local executive and administrative body, or the park administration, for their removal.

When carrying out work on the removal of plant species in all the above-mentioned cases, compensatory measures in accordance with Part Two of Article 38 of the Law are not carried out.

Without permission and prior notification from the local executive and administrative body, or the park administration, about the planned removal of plant species, in accordance with Part Two of Article 37 of the Law, the removal and transplantation of trees and shrubs growing within the boundaries of land plots is carried out,provided for the construction and/or maintenance of gas pipelines, oil pipelines (product pipelines), overhead and cable power and communication lines, heating, water supply and sewage networks, except for cases of construction of the specified facilities, their reconstruction with the provision of additional land plots. In these cases, the removal and transplanting of trees and shrubs are carried out based on project documentation approved in the manner established by law.

obstacles to the operation of buildings, structures, and other facilities cannot be eliminated by pruning these trees and shrubs.

During these works, compensatory measures are carried out. At the same time, in accordance with part one of clause 10 of the Regulation on the procedure for determining the conditions for carrying out compensatory measures, approved by the Resolution of the Council of Ministers of the Republic of Belarus of October 25, 2011 No. 1426, a coefficient of 0.5 is applied in cases of removal of vegetation objects that impede the operation of utility networks, carried out on the basis of a removal permit. In addition, a coefficient of 0.1 is applied in cases of removal of vegetation objects growing outside populated areas.