Buffer Strip Rules

The Management of Hedgerows (England) Regulations 2024 came into force on 23rd May 2024 putting new hedgerow management rules for cutting and trimming and buffer strips in place in England. The Rural Payments Agency (RPA) is the regulator for these rules and may visit your land to check compliance with these regulations.

You must take all reasonable steps to establish and maintain a green cover on land within 2 metres of the centre of a hedgerow covered by the hedgerow management buffer strip rules.
You must not cultivate or apply fertilisers or pesticides to land within 2 metres of the centre of a hedgerow covered by the hedgerow management buffer strip. rules.

The rules apply to any person responsible for the hedgerow. This includes owners and tenants and anyone employed, engaged or otherwise acting on behalf of those responsible.

When the rules will first apply to you

The buffer strip rules will apply from the following dates:

On land used for crop production from the end of the first harvest after 1st July 2024.
On all other land that these rules apply to (including permanent pasture and temporary pasture), from 1st July 2024.

Exemptions from the rules not to cultivate or apply fertilisers or pesticides

The rules not to cultivate or apply fertilisers or pesticides to land within 2 metres of the centre of a hedgerow do not apply in the following situations:

To control the spread of certain injurious or invasive weeds
Establishing new green cover to comply with the rules
Risks to plant, human or animal health 
Weed or pest infestations

You do not need to write to the RPA ask for an exemption. You must keep a record of all works that you carry out under an exemption. If you are visited by the RPA, you must be able to prove how and why you relied on the exemption.

Exemptions where the rules do not apply

The buffer strip rules do not apply:

To land either side of a hedgerow which is less than 5 years old (you’ll need to keep documentary evidence to prove this).
To land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features.
To land on the side of any hedgerow which is facing a dwelling where the hedgerow marks a boundary of the curtilage of the dwelling.
To land used for allotments (as defined by section 1 of the Allotments Act 1925)
To the land next to a traditional hedgerow bank when it is being cast up between 1st September in any year and the last day of February in the following year.

When you need written permission (derogations) for exemption from the rules

You can apply to the RPA for written permission (a derogation) to be exempt from the cutting or trimming rules between 1st March and 31st August. A derogation could be granted for any of the following reasons:

it would enhance the environment
it is necessary in relation to livestock or crop production
it would improve public or agricultural access

How to apply for written permission (a derogation)

To apply for a derogation, you must email or write to the RPA. You should:

Send all the available evidence (for example, photographs or diagrams)
Explain what you want to do
Include the land parcel numbers you want the derogation for
Use the subject heading ‘Hedgerow management rules derogation’

You must wait for the RPA to consider your request and grant any successful derogation in writing before carrying out any work.

For further help and advice, please contact our Agricultural Compliance team on 01981 590514.