Cross Compliance Regulation GAEC 7: Maintenance of Landscape Features, states that no hedges or trees can be cut or trimmed during the bird rearing and nesting season; 1st March to 31st August, unless:

  • The hedgerow or tree overhangs a highway, road, track or footpath to which the public have access, and the work is necessary because the overhanging vegetation:
    • obstructs the passage of vehicles or pedestrians
    • obstructs the view of drivers, or the light from a public lamp
    • is a danger to horse-riders
  • The hedgerow or tree needs to be cut or trimmed because it is dead, diseased or damaged or insecurely rooted, and is therefore likely to cause danger by falling onto a highway, road or footpath.
  • The cutting or trimming is carried out in order to maintain a ditch.
  • The tree is in an orchard.
    You must not disturb any birds nesting in the hedgerow or tree.

NB. The company responsible for the maintenance of any overhanging electricity or telephone lines may cut back trees and/or hedges for safety reasons.

Exemptions from the rules
  • On arable land, where the normal agricultural practice requires that a winter arable crop is planted before 31st August, you will be able to cut back the relevant hedges or trees from 1st August as long as nesting birds are not disturbed. Before cutting the hedge, you must check the hedge thoroughly to ensure that you will not disturb any breeding or rearing bird.
  • There is an enforcement notice issued by the Local Authority under the Highways Act 1980 Section 154 in order that the passage of vehicles or pedestrians is not obstructed or endangered, it is considered that the hedge and/or branches of trees at the locations described require trimming/lopping or pleaching.
  • Hedge restoration e.g. laying or coppicing may be carried out during March as long as nesting birds are not knowingly disturbed.
Additional information
  • The exceptions described above are allowed as long as farmers also meet their obligations under the Wildlife and Countryside Act 1981 for the protection of wild birds (see SMR 2).You should retain evidence e.g. photographs and/or any letters from the relevant competent authorities that show clearly why it was necessary to cut or trim hedges and trees between 1st March and 31st August. These should be provided to inspectors on request.
  • Hedge restoration e.g. laying or coppicing is permitted up to 30th April if specifically for a competition and/or training event, as long as written permission is obtained from Welsh Government in advance of the event. The event also needs to comply with the Wildlife and Countryside Act 1981.
Removing a hedgerow

Under the Hedgerow Regulations 1997 it is against the law to remove most hedgerows without permission obtained from the local authority. Hedgerows are also protected as landscape features through GAEC 7 in cross compliance which concerns the maintenance of landscape features including hedges and it is a requirement that these features are retained.

Read more at: https://www.gov.wales/sites/default/files/publications/2024-07/cross-compliance-verifiable-standards-2024.pdf

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