Hedges and the Law

Section 46 of the wildlife (amendment) Act of 2000 amends section 40 of the principal Wildlife Act(http://www.irishstatutebook.ie/ZZA38Y2000.html).   It is now an offence to “cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch” during the nesting season (beginning on the 1st day of March and ending on the 31st day of August).  

 Exemptions exist for

• state bodies carrying out works for reasons of public health or safety;
• destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;  
• the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided 

This means that if a hedge is being cut during nesting season by a contractor for a local authority, it must only be cut in the interest of public safety.  For example, if a local authority is cutting the growth back on a dangerous bend where vision is impaired, they may only cut where there is a safety issue, and are not permitted to cut, for example, on a different adjacent stretch where safety is not an issue.  The state can request a statement of the public health or safety factors involved from the person / authority involved. 

 For concerns in relation to hedge cutting / removal, please contact our Natural Environment Officer AND your local National Parks and Wildlife Service ranger.  The numbers of the rangers are available online or in the telephone directory under the Department of the Environment.  

 There may also be a stipulation or condition associated with planning permission to retain hedgerows and trees. 

 As An Taisce are a charitable non-governmental organisation we do not have the remit or power to intervene, though we can offer advice.  The local authority and the National Parks and Wildlife Service oversee and ensure the implementation of the Wildlife Acts and the County Development Plan.