LEGAL PROVISIONS CONCERNING TREES
The tree stands are generally understood as tree plantings outside the city. This form of trees is the subject of quite effective legal protection. According to the order of the Minister of Forestry and Wood Industry of 10 Mark 1960 r. (Dz. Of. M.L. i P.D. nr A—5, item. 49 and z 1971 r. no 5, item. 48) the following types of trees are distinguished: on the farmstead, in the field, intramedullary, pasture midlands, water, roadside, on-site and other. Art. 144 § 2 distinguishes the following offenses against these trees: 1) removal, 2) destruction, 3) damage to trees and shrubs constituting roadside or protective trees.
Currently, uniform legal protection has been created for all types of trees (Journal of Laws. with 1971 r. No 12 item. 116 of. 20 May 1971 r.). There are high penalties for these offenses, i.e.. imprisonment until 3 months, penalty of restriction of liberty to 3 months or a fine up to 5000 PLN. Regardless of the imposition of one of the above basic penalties, the misdemeanor tribunal may order an excess of up to 1000 PLN.
Roadside trees. The protection of roadside trees is regulated by several acts listed below. Act of 29 Mark 1969 r. about public roads (Dz. U. no 20, item. 90 and z 1971 no 12, item. 115) forbids the arbitrary removal and destruction of trees.
The method and conditions for removing trees from roadside trees are set out in § 20 i 21 paragraph. 2 Regulation of the Minister of Communications of 1 Mark 1963 r. on the trees on public roads subject to the supervision of the Minister of Transport (Dz. U. no 9, item. 55). Felling trees by roads may be carried out by the road administration with the consent of agricultural and forest local authorities.
A newer legal act is the Regulation of the Minister of. Economy Ter. in Side. Environment Journal. Set no 51 item. 332 of. 11 of December 1972 r. on the trees on public roads within the scope of the activity of the Minister of Economy. To have. in Side. The environment. The following paragraphs are dedicated to these matters:
In paragraph 6 p. 2 established, that on newly designed or modernized roads, the smallest width of a strip of land for one row of trees, in which excavations are prohibited must be 3 m.
According to the paragraph 5 p. 1 planting roads with trees or shrubs may only be carried out on the basis of technical investment projects approved by the competent authorities.
Paragraph 8 p. 1 obliges the authorities dealing with the matters of land management and environmental protection to ensure the constant care of trees and shrubs within the road lane.
The person carrying out construction works along the roads is obliged in accordance with paragraph 8 p. 2 do:
- notification of the intended works to the relevant authorities;
- securing trees against damage and complying with the recommendations of authorities responsible for land management and environmental protection.
According to the paragraph 9 p. 1 cutting tree crowns necessary in connection with the operation of overground cables and buildings, as well as in connection with setting up road signs, lighting of roads and other necessary accidents may be carried out only with the consent of the local administration and environmental protection authority, under their supervision, either by enterprises or green plants. Also removing trees and shrubs for safety reasons, health or aesthetic as well as cutting down trees showing symptoms of disease may be performed with the consent of the local management and environmental protection authority (§ 9 p.2). In addition to removing plants in situations specified in p. 1 i 2 are subject to removal (§ 9 p. 3):
1) dead trees and shrubs,
3) trees and shrubs, the leaving of which would make it difficult or impossible to reconstruct the road,
4) trees and shrubs, which endanger road safety by limiting visibility at distances smaller than specified by the relevant technical standard,
5) trees and shrubs, the removal of which results from the implementation and plans of rejuvenation or modernization (§ 9, p. 3).
Removal of a tree that is a natural monument can only be done in necessary cases and requires it, that the land management and environmental protection authority obtains the consent of the relevant nature protection authority (§ 9 p. 4). Paragraph 10 it contains prohibitions essential for the protection of trees along communication routes. Among other things, it is forbidden on roads: arbitrary removal of trees and shrubs, destroying and damaging trees and shrubs, breaking branches, peeling the bark, digging up the ground at a distance of less than 1,5 m from trees and shrubs, sprinkling salt or other chemicals or sprinkling (sprinkling) pavements and the ground around trees and shrubs, storage of snow and dirt from road surfaces treated with chemical agents under trees and shrubs. Unfortunately, this section does not specify criminal sanctions.