Written by: Rhian Bufton, Senior Technical Administrator at CXCS
From 1st August, some farmers in England and Wales may be able to cut hedges before the end of the usual nesting season where they’re preparing to establish certain winter crops. However, the rules differ between the two countries, so it’s important to understand what is permitted before carrying out any work.
Rhian Bufton, Senior Technical Administrator at CXCS, explains how the exemptions apply in England and Wales, and what farmers need to do before relying on them.
| England | Wales |
| Exemption available from 1st August | Exemption available from 1st August |
| Applies to oilseed rape and temporary grassland | Applies where a winter arable crop needs to be established before 31st August |
| RPA notification required | No notification required |
| Check for active bird nests | Check for active bird nests |
| Keep records of the exemption | Keep evidence to support the exemption |
England
Under the hedgerow management rules in England, farmers can rely on an exemption to cut or trim hedgerows in August where this is necessary to establish oilseed rape or temporary grassland during the same month.
If you’re relying on this exemption, remember that you no longer need to wait two weeks for permission before carrying out the work. Instead, you simply need to notify the Rural Payments Agency (RPA) before cutting takes place and ensure your notification has been received.
To rely on this exemption, you must:
- Notify the RPA before carrying out any work.
- Include details of the crop to be sown and the relevant land parcel numbers.
- Use the subject line ‘Hedgerow management cutting and trimming rules notification’ if notifying by email.
- Keep a record of all work carried out under the exemption.
You do not need written permission from the RPA before starting work. However, you should ensure your notification has been received before carrying out any hedge cutting. For email notifications, this will normally be the automated acknowledgement from the RPA.
What can be cut?
The exemption only allows you to cut or trim:
- The in-field side of the hedgerow (and the top of the hedge where it cannot be cut from the adjoining field).
- The length of hedgerow alongside the area where the oilseed rape or temporary grass will be sown.
Before carrying out any work, you must check the entire length of the hedgerow for active bird nests. If you find any nests or eggs, you must not cut the hedge and must continue to comply with your obligations under the Wildlife and Countryside Act 1981.
For more detailed guidance, see the Hedgerow management rules: cutting and trimming – GOV.UK (www.gov.uk)
Wales
In Wales, Cross Compliance (GAEC 7) continues to prohibit hedge and tree cutting between 1st March and 31st August to protect nesting birds.
However, there is an exemption where normal agricultural practice requires a winter arable crop to be established before 31st August.
In these circumstances, hedges or trees on arable land may be cut from 1st August, provided that:
- The work does not disturb nesting or rearing birds.
- The hedge has been thoroughly checked beforehand.
- You continue to meet your obligations under the Wildlife and Countryside Act 1981.
- You retain evidence, such as photographs or other supporting information, showing why the exemption was necessary.
This evidence should be available if requested during an inspection.
Further information can be found in the Cross compliance: verifiable standards 2026 | GOV.WALES
Other hedge cutting exemptions
The exemptions described above relate specifically to establishing winter crops from 1st August. However, separate exemptions apply in both England and Wales where hedge or tree cutting is necessary for public safety.
England
You may also cut or trim hedgerows between 1st March and 31st August without notifying the Rural Payments Agency (RPA) where a hedgerow overhangs a highway, road or footpath with a public or private right of way and the overhanging hedgerow:
- Obstructs the passage of users.
- Presents a danger to users.
- Obstructs the view of users.
- Obstructs the light from a public lamp.
As with any other exemption, you should keep a record of the work carried out and be able to demonstrate how and why you relied on the exemption if requested by the RPA.
Wales
Under Cross Compliance Regulation GAEC 7, hedge or tree cutting may also be permitted during the closed period where vegetation overhangs a highway, road, track or public footpath and the work is necessary because it:
- Obstructs the passage of vehicles or pedestrians.
- Obstructs the view of drivers or the light from a public lamp.
- Presents a danger to horse riders.
As with all hedge cutting carried out during the closed period, you must ensure the work does not disturb nesting birds or breach your obligations under the Wildlife and Countryside Act 1981.
A reminder before you start
Although exemptions exist in both England and Wales, they only apply where the relevant conditions are met.
Before carrying out any hedge cutting, always check carefully for active bird nests and make sure you keep any records or evidence needed to demonstrate that you’ve relied on the exemption correctly.
Need advice?
For further help and advice please contact our Agricultural Compliance team on 01981 590514 or by email at info@cxcs.co.uk .
You can also find out more about our Agricultural Compliance Service on our website.