Tree Felling Guide

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Owning titled land does not automatically give you the unrestricted right to remove trees. Depending on the tree, the location, the purpose of the work and the applicable environmental regulations, authorization from MiAMBIENTE may still be required.

Resolution No. DM-0055-2020of the Ministry of Environment

 

Can I cut trees on my own titled land?

Sometimes—but not always.

Whether authorization is required depends on factors such as the type of tree, whether it forms part of a natural forest, the purpose of the work, whether the land lies within a protected area, and whether the clearing forms part of a development project that requires environmental approval.

 

Can I clear my entire lot before building?

Not necessarily.

If vegetation clearing forms part of a development project, environmental approval may be required before clearing begins. Clearing vegetation before obtaining the necessary approvals can itself constitute a breach of environmental legislation.

Check with MiAMBIENTE?

Pruning a fruit tree, Usually not

Removing a dangerous tree beside your house, Often advisable

Clearing land for a house, Yes

Clearing natural forest, Yes

Cutting mangroves, Yes

Commercial timber harvesting, Yes

Clearing vegetation in a protected area, Yes

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When is a permit required?

According to MiAmbiente Resolution DM-0055-2020, permits are generally required when trees are to be felled or heavily pruned for:

• Construction of a house.

• Expansion of a building.

• Roads or infrastructure.

• Utilities.

• Clear land for a subdivision

• Clear a natural forest

• Trees affecting existing infrastructure.

• Dangerous or unstable trees.

• Trees affected by disease (phytosanitary reasons)

• Remove mangroves-(highly regulated and protected)

• Fruit trees.

• Mangroves. Mangroves are subject to separate legal protections and should never be cut, cleared or altered without the necessary government authorizations.

These applications are made to the regional office of MiAmbiente.

 

Typical application requirements.

A property owner will generally need to provide:

• A written request addressed to the Regional Director of MiAmbiente.

• Proof of ownership (title or recognized possessory rights, as applicable).

• Copy of identification.

• Photographs of the tree(s).

• Site location.

• Explanation of why removal is requested.

• In some cases, an approved Environmental Impact Assessment (EIA) or evidence of the related construction project.

MiAmbiente then carries out an inspection before deciding whether to authorize the work. For construction-related applications, the published inspection fee is generally US$50, while inspections for imminent danger, disease or infrastructure impacts may be exempt from the fee.

 

Natural Forest

Clearing natural forest is generally subject to much stricter controls than removing isolated trees. Projects involving forest clearing may require additional environmental review, forestry authorization or an Environmental Impact Assessment depending on the circumstances.

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Protected Areas

Inside National Parks, Forest Reserves, Protected Areas and other environmentally sensitive areas, additional restrictions may apply irrespective of land ownership.

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Replanting

Depending on the approval granted and the circumstances of the project, MiAMBIENTE may require compensatory planting, reforestation or other mitigation measures as a condition of authorization.

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Pruning

Heavy pruning or topping of trees may also require authorization in some circumstances, particularly where it could significantly damage or kill the tree.

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Penalties

Unauthorized tree removal may result in:

• Administrative fines.

• Orders to stop work.

• Reforestation requirements.

• Environmental restoration.

• Suspension of permits.

• Criminal investigation in serious cases.

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Situations that require additional approvals.

Extra scrutiny is likely if the trees are:

• Mangroves

• Located inside a protected area

• Part of a natural forest

• Habitat for protected wildlife

• Located within an approved Environmental Impact Assessment area.

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• Forestry Law (Law 1 of 1994)

• Regulates the cutting and harvesting of trees.

• General Environmental Law (Law 41 of 1998) protects forests and habitats.

• Some species have their own special resolutions because of over exploitation.

• The law is currently administered and enforced by the Ministry of Environment (MiAmbiente)

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Protected Species such as:

• Cocobolo (Dalbergia retusa)

•  Guayacán (Handroanthus guayacan and related species)

•  Big-leaf Mahogany (Swietenia macrophylla)

•  Mangroves (protected primarily under coastal and forestry legislation rather than the threatened species list)

•  Cativo (Prioria copaifera) (protected in certain forests and wetlands through forestry regulations)

To find the complete list read, Resolution DM-0657-2016 (over 100 species) PDF of Resolution DM-0657-2016

 

Resolution AG-0172-2004

Environmental Protection & Watersheds:

The law prohibits the destruction or logging of trees within a designated range near any natural water source (such as rivers and streams), declaring them "special forests of permanent preservation" . These buffer zones must be a minimum of 10 meters wide, depending on the stream's width.

 

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