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Tree Protection Ordinance applies throughout the city

2021-11-22T16:04:49.126Z


Kempten - The new tree protection ordinance led to lively discussions at the latest city council meeting.


Kempten - The new tree protection ordinance led to lively discussions at the latest city council meeting.

"Personally, I will not agree," said Mayor Thomas Kiechle right at the beginning of the discussion on the tree protection ordinance in the city council meeting and was thus in line with his party comrades in the committee. He thinks “our trees are adequately protected” and only sees “unnecessary administrative burdens” associated with such a regulation. It was a tough struggle in the committee that ended with 24:15 votes for the tree protection ordinance. The votes against were generated from the CSU city councils, Mayor Kiechle, the three AfD city councilors, Tim Berchtold from the Junge Union and Hans-Peter Hartmann (FW-ÜP).

Gerti Epple (The Greens), Commissioner for Agriculture, Environment and Climate Protection, again promoted the Tree Protection Ordinance, which in its current version is "compatible with the citizens", and once again pointed to the function of trees as climate regulators, fine dust swallowers and oxygen supplier. A lot is already being done, but after all they want to be “a model city in terms of climate protection”.

Even with the previous set of rules, Kempten was a “green city”, Josef Mayr (CSU) was sure with regard to the Tree Protection Ordinance, “that we will get ahead without it”. Citizens tend to feel “distrust” of them. In his opinion, people would simply cut trees earlier in the future in order to be able to circumvent the regulation, not to mention the significantly higher staffing costs for controls. According to a survey carried out by the Federal Nature Conservation Association, the latter does not exist in cities with tree protection regulations, as Epple was able to explain.

"The Tree Protection Ordinance does not endanger our household," said Michael Hofer (UB / ödp) with conviction, seeing the need for improvement in the framework fee. As he explained, 136.50 euros had to be paid in his neighborhood for the appraisal of a tree that was badly damaged by winter weather. Too much from his point of view, half would have been enough. Legal advisor Wolfgang Klaus explained that the Bavarian Costs Act was mandatory, but granted a certain amount of leeway.

Alexander Hold (FW-ÜP) pointed out the "fact of exemption", for example in the case of sick trees, and asked that this possibility be examined for undisputed cases.

In addition, the Tree Protection Ordinance is fair from his point of view, in contrast to the current regulation, in which the side of a road decides whether or not it can be felled.

"I believe that a horror scenario is being painted here" that does not exist, because "the same set of rules should continue to apply, only that it now applies to the entire city area" and no longer draws the line between neighbors, which divides citizens .

For Ingrid Vornberger (SPD), too, the tree protection ordinance is “a sign of justice”.

She found Mayr's arguments contradicting itself, since the regulation is not a shame if everyone adheres to it.

Erwin Hagenmaier (CSU) accused his committee colleague Hold of "hypocrisy", who excelled here as a great tree protector, but who did nothing when "tabula rasa" was made years ago on his neighboring property.

Sibylle Knott (independent for the CSU) asked herself about the sense of a further regulation, she only needs it “if something goes wrong”, which now has to be regulated, as she has learned as a lawyer.

To their knowledge, however, there is no increased precipitation.

The current demarcation is also "not a question of justice", but, as with every demarcation, "factually justified".

Therefore, the question arises, “do we really need this” or only because it is “in” to protect trees.

Barbara Haggenmüller (Die Grünen) wanted to point out the stress that trees in the city are generally exposed to.

"That's why it's important to protect everyone."

Excerpts from the Tree Protection Ordinance (draft of October 8, 2021)

• Protected trees are


1. Trees with a trunk circumference of more than 80 cm,


2. Multi-stemmed trees if at least one of the trunks has a circumference of more than 50 cm.

• Also protected are


1. all substitute


plantings

that were required on the basis of this ordinance,

2. all trees to be planted that are stipulated to be planted or to be preserved by a development plan, green space or landscape maintenance plan, even if they do so in para. 2 have not yet reached the dimension mentioned


and 3. all trees to be planted that have been planted or approved in an outdoor facility or open space design plan in connection with a building permit, even if they have not yet reached the dimension specified in Paragraph 2.

• The following are excluded from protection:


1. Fruit trees, with the exception of walnut trees,


2. Genus Picea (species of spruce),


3. Trees in tree nurseries and market gardens, insofar as they serve commercial purposes,


4. Trees in allotment gardens within the meaning of Section 1 Federal Allotment Garden Act as well as grave sites and recreation and leisure gardens,


5. dead trees


and 6. forest within the meaning of the Bavarian Forest Act.

• Prohibitions


(1) It is forbidden to remove, destroy or change protected trees.


(2) A removal occurs in particular if trees are felled, cut off, burned down or uprooted.


(3) Destruction occurs in particular if measures are taken or conditions are maintained that lead to the death of trees.


(4) A change occurs in particular if interventions are carried out on trees that change their characteristic appearance, prevent further growth or damage the health of the trees. This also includes effects on the root area.


• In particular, the following actions are prohibited in the root area of ​​protected trees:


1. Fixing the soil surface with a waterproof covering,


2. Storage and pouring of material,


3. Pouring salts, acids, alkalis, paints, sewage or building materials,


4. Excavations, excavations (e.g. by digging trenches) or soil compaction,


5. Attaching anchors and objects that endanger trees or damage,


6. Driving on and parking the root area, as far as this does not belong to the paved area,


7. Application of herbicides. 

Also read: Novel rainwater management in the Halde development area

Source: merkur

All news articles on 2021-11-22

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