Removal, transplantation of plant world objects

Regulatory documents:

Law of the Republic of Belarus of June 14, 2003 No. 205-Z "On the Plant World" (Articles 37 – 3710)

Resolution of the Council of Ministers of the Republic of Belarus of October 25, 2011 No. 1426 "On Certain Issues of Dealing with Plant World Objects"

Resolution of the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus of November 3, 2011 No. 46 "On Establishing Forms of Documents on Issues of Removal and Transplanting of Plant World Objects"

GROUNDS for the removal, transplanting of plant world objects:

  • project documentation approved in the manner established by the legislation of the Republic of Belarus;
  • permit from the local executive and administrative body;
  • decision of a state body on changing or lifting established restrictions or prohibitions on the use of plant world objects;
  • measures approved in the established manner to overcome the consequences of the Chernobyl NPP disaster;
  • conclusion on recognizing a tree as dangerous;
  • act on the presence of a habitat of trees and shrubs belonging to species whose distribution and numbers are subject to regulation;
  • preliminary notification of the local executive and administrative body about the planned removal, transplanting of plant world objects;
  • other grounds provided for by legislative acts of the Republic of Belarus.

WITHOUT permit DOCUMENTS are carried out:

  • removal, transplanting of plant world objects during the operation (maintenance) of land reclamation systems and separate hydraulic structures (except for trees and shrubs growing in anti-erosion plantings);
  • removal, transplanting of trees, 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 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, transplanting of trees, shrubs are carried out on the basis of project documentation approved in the manner established by the legislation of the Republic of Belarus;
  • removal, transplanting of trees, shrubs growing within the boundaries of individual military infrastructure facilities (training grounds, ammunition storage bases (warehouses), military aviation and air defense forces facilities) located on lands provided for defense needs;
  • removal of fallen trees (except for those growing on reserve lands, lands of common use in settlements) by land users within the boundaries of the land plots granted to them, as well as by other persons on the basis of a civil law contract with land users;
  • removal of flower beds, lawns, other grassy cover (except for their removal on lands of common use in settlements) by land users within the boundaries of the land plots granted to them, as well as by other persons on the basis of a civil law contract with land users;
  • removal of plant world objects during the liquidation of an emergency situation and its consequences;

For reference (Law of the Republic of Belarus of May 5, 1998 No. 141-Z "On the Protection of the Population and Territories from Natural and Man-made Emergencies"):

emergency situation - a situation that has arisen in a certain territory as a result of an industrial accident, other dangerous man-made situation, disaster, dangerous natural phenomenon, natural or other disaster, which has caused or may cause human casualties, harm to human health or the environment, significant material damage, and disruption of human living conditions;

emergency response - emergency rescue and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, reducing the damage caused to the environment and material damage, as well as at localizing emergency zones;

  • removal of plants (except for trees and shrubs) belonging to species whose distribution and numbers are subject to regulation;
  • removal, transplantation of objects of the plant world growing within the boundaries of land plots provided for collective gardening and dacha construction, land plots provided to citizens for the construction and maintenance of a residential building (apartment in a town house), personal subsidiary farming, vegetable gardening, mowing, grazing of agricultural animals, land plots provided to non-state legal entities in private ownership, to foreign states, international organizations.

 PERMISSION from the local executive and administrative body is required for the removal, transplantation of: 

  • trees, shrubs that impede the operation of buildings, structures and other objects;
  • trees, shrubs for carrying out topographic work, geological study of the subsoil;
  • trees, shrubs growing in anti-erosion plantings;
  • trees, shrubs with a trunk diameter of 12 centimeters or more at a height of 1.3 meters, growing in roadside plantings;
  • trees, shrubs with a trunk diameter of 12 centimeters or more at a height of 1.3 meters, Karelian birch, growing on agricultural land, agricultural land of other categories of land (excluding land reclamation systems and separate hydraulic structures);
  • trees, shrubs growing on reserve lands, public lands of settlements;
  • fallen trees that grew on reserve lands, public lands of settlements;
  • trees, shrubs in poor qualitative condition;
  • flower beds, lawns, other grassy cover on public lands of settlements;
  • objects of flora in other cases established by the legislative acts of the Republic of Belarus.

    • The removal of DANGEROUS trees is carried out based on a CONCLUSION on recognizing the tree as dangerous and is issued by an authorized person.

    Legal entities, individual entrepreneurs who are users of land plots within the boundaries of which dangerous trees grow, or persons authorized by them, independently apply to the authorized person for a conclusion on recognizing the tree as dangerous.

    For reference: dangerous trees – trees that, by their probable fall, create a threat of harm 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.

    PRELIMINARY NOTICE is sent to the local executive and administrative body in cases of removal (transplantation):

    • flowerbeds, lawns, other grassy cover, trees, shrubs in poor qualitative condition, on greened territories located on lands of general use of settlements, fallen trees in the specified territories when carrying out the maintenance of these territories by an authorized person (no earlier than 15 days and no later than 5 days before the planned removal work);
    • trees, shrubs growing within the boundaries of the shoreline of inland waterways and posing a danger to navigation, obstructing the visibility of coastal navigation marks (land users no earlier than 30 days and no later than 5 days before the planned removal work);
    • trees, shrubs with a trunk diameter of less than 12 centimeters at a height of 1.3 meters, growing in roadside plantings (land users no earlier than 30 days and no later than 5 days before the planned removal work);
    • trees, shrubs with a trunk diameter of less than 12 centimeters at a height of 1.3 meters (except for Karelian birch), growing on agricultural lands, agricultural lands of other categories of lands (land users no earlier than 30 days and no later than 5 days before the planned removal work).

    Administrative liability for illegal logging, illegal removal and transplantation, damage or destruction of trees and shrubs and other vegetation, as well as for issuing permits in violation of current legislation is provided in the form of a fine:

    for an individual – up to 30 basic units (in settlements) and up to 20 basic units (outside settlements);

    for an individual entrepreneur – from 10 to 200 base units (in populated areas) and from 5 to 50 base units (outside populated areas);

    for a legal entity – from 20 to 300 base units (in populated areas) and up to 100 base units (outside populated areas).

    Removal, transplantation of plant world objects | Miory District Executive Committee