On Clarification of Rules for Removal of Vegetation Objects
The Ministry of Natural Resources and Environmental Protection, having considered at the Commission for Emergency Situations under the Council of Ministers of the Republic of Belarus the issue of measures taken and proposals for improving proactive organizational and technical measures to eliminate the consequences of dangerous meteorological phenomena, regarding the removal of vegetation objects during the elimination of an emergency and its consequences, recognized as dangerous or fallen, reports the following.
In accordance with Article 379 of the Law of the Republic of Belarus dated June 14, 2023, No. 205-Z "On the Plant World" (hereinafter - the Law), the removal of vegetation objects during the elimination of an emergency and its consequences is permitted if the elimination of the emergency and its consequences is impossible without the removal of vegetation objects. These works are carried out without permission 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 vegetation objects, persons who carried out the work on the removal of vegetation objects are obliged to send a notification to the local executive and administrative body containing information about the removed vegetation objects.
The removal of dangerous trees, in accordance with Article 376 of the Law, is carried out on the basis of a conclusion on recognizing a tree as dangerous. The conclusion on recognizing a tree as dangerous is issued by an authorized person appointed by the local executive and administrative body. To obtain a conclusion on recognizing a 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 are trees that, by their probable fall, pose a threat to the life and health of citizens, property of citizens and legal entities (deadwood, affected by trunk rot, having other significant damage to the trunk and (or) root system, hanging 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).
The removal of fallen trees, depending on their location, is carried out on the basis of prior notification or permission from the local executive and administrative body, or the park administration.
Based on prior notification from the local executive and administrative body, or the park administration, in accordance with the second paragraph of the first part of Article 378 of the Law, trees that have fallen on public lands are removed.
In this case, the authorized person responsible for the maintenance of green areas located on public lands of settlements must, no earlier than fifteen days and no later than five days before the planned start of the removal of fallen trees in these areas, send a prior notification to the local executive and administrative body, or the park administration, about the planned removal of vegetation objects.
If fallen trees are located on reserve lands, then in accordance with Article 373 of the Law, an application for a permit for their removal must be submitted to the local executive and administrative body, the park administration.
When carrying out work on the removal of vegetation objects in all the above cases, compensatory measures are not carried out in accordance with part two of Article 38 of the Law.
Without permission and prior notification of the local executive and administrative body, the park administration, regarding the planned removal of vegetation objects, 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 provided for the construction and (or) maintenance of gas pipelines, oil pipelines (product pipelines), overhead and cable power and communication lines, heating, water and sewage networks, is carried out, with the exception of cases of construction of these objects, their reconstruction with the provision of additional land plots. In these cases, the removal and transplantation of trees and shrubs are carried out on the basis of project documentation approved in the manner established by law.
When carrying out work on the removal of trees and shrubs growing within the boundaries of land plots provided for the construction and (or) maintenance of gas pipelines, oil pipelines (product pipelines), overhead and cable power and communication lines, heating, water and sewage networks, with the exception of cases of construction of these objects, their reconstruction with the provision of additional land plots, compensatory measures are not carried out in accordance with the ninth paragraph of part two of Article 38 of the Law.
The removal of trees and shrubs that impede the operation of buildings, structures and other objects is carried out in accordance with the second paragraph of part one of Article 373 of the Law on the basis of a permit from the local executive and administrative body, the park administration. At the same time, in accordance with part two of Article 373 of the Law, the removal and transplantation of trees and shrubs that impede the operation of buildings, structures and other objects are allowed if the elimination of obstacles to the operation of buildings, structures and other objects is impossible by pruning these trees and shrubs.
Compensatory measures are carried out during these works. At the same time, in accordance with part one of paragraph 10 of the Regulations on the procedure for determining the conditions for carrying out compensatory measures, approved by Resolution of the Council of Ministers of the Republic of Belarus dated October 25, 2011 No. 1426, a coefficient equal to 0.5 is applied in cases of removal of vegetation objects that impede the operation of engineering networks, carried out on the basis of a removal permit. In addition, a coefficient equal to 0.1 is applied in cases of removal of vegetation objects growing outside settlements.