Tree Felling & The Law

IT&F regularly receives enquiries regarding the law and tree felling. The following information from the Forest Service should help to clarify the situation. 

Under Section 37 of the Forestry Act, 1946, it is illegal to uproot any tree over ten years old or to cut down any tree, unless notice of the intention to do so has been given in accordance with the Act.

Notice of intention to fell or uproot trees must be given in writing on a form known as a Felling Notice which may be obtained from any Garda Station or directly from the Felling Section of the Forest Service. On receipt of a completed Felling Notice, an Order prohibiting the felling of the trees is issued. This protects the trees in question while consideration is given to the issuing of a felling licence.
In 1989, the number of reported illegal felling cases was six. By 2002, this number had risen to 73. The figure for 2003 was 62 and for 2004, 60.

The prohibition on the uprooting or cutting down of trees does not apply where:

• a) It is a hazel, apple, plum, damson, pear or cherry tree grown for the value of its fruit or any 1ozier;
• b) The activity is covered by a felling licence;
• c) It is less than 100 feet from a dwelling other than a wall or temporary structure;
• d) It is standing in a County or other Borough or an urban district.