Cut down a tree on the property

Hello everyone.

We would like to start building our detached house in Hohenstein, Hessen.
On our property, there is an older walnut tree located exactly where the house is supposed to be built.

From my layman's perspective, the tree does not look very healthy either.

Now, I am aware that there is probably no tree protection ordinance here.
There are several other trees on the property, which should remain. Only the construction with this one tree is not possible.

What solutions are available here? I haven’t really found any clear answers online so far.

Thanks in advance for your help!

Marco

This would be unproblematic here if you can wait until October, then you could simply knock it down. If necessary before that, ask the [Ordnungsamt] for a special permit. A small informal application with justification, want to build, have a building permit, it must go, that thing is in the way, pretty please, allow me that, I am not mad and will leave the many others standing. Karsten

So simple? No regulations like tree protection?

Best regards

Marco

But the Bundesnaturschutzgesetz will probably also apply to you. So felling will be difficult before 30/09.

But the Federal Nature Conservation Act will probably also apply to you. So before 30.09. it will be difficult to fell.

Well, in case of doubt, that would still be a lesser evil.

So from 30.09. I can fell the thing without problems?

Best regards and thanks for the answers. :)

I don’t know whether you can fell trees where you are or not. But at least the BNatSchG won’t bother you anymore.

§ 39 BNatSchG

(5) It is prohibited,
2. to cut or coppice trees that stand outside forests, short-rotation plantations, or horticulturally used areas, hedges, living fences, bushes, and other woody plants from March 1 to September 30; gentle shaping and maintenance pruning to remove excessive growth or maintain the health of trees is permitted,
The prohibitions of sentence 1 numbers 1 to 3 do not apply to
1. officially ordered measures,
2. measures that cannot be performed in any other way or at another time in the public interest, if they
a) are carried out officially,
b) are officially approved, or
c) serve to ensure traffic safety,
3. interventions permissible under § 15 in nature and landscape,
4. permissible construction projects if only minor woody vegetation has to be removed for the realization of the construction measures.

§ 69 BNatSchG

(3) Anyone acts unlawfully who intentionally or negligently
13. contrary to § 39 paragraph 5 sentence 1 number 2 cuts or coppices a tree, hedge, living fence, bush or other woody plant.
(6) The administrative offense can be punished in the cases of paragraphs 1 and 2, paragraph 3 numbers 1 to 6, 18, 20, 21, 26 and 27 letter b, paragraph 4 numbers 1 and 3 and paragraph 5 with a fine of up to fifty thousand euros; in the other cases with a fine of up to ten thousand euros.

As always, much a matter of interpretation...