Trees and hedges in Ireland: the Wildlife Act, tree preservation orders and felling licences
What three Irish statutes say, as printed on the Irish Statute Book and the Law Reform Commission's revised acts site: section 40 of the Wildlife Act 1976 on cutting vegetation and hedges from March 1 to August 31, section 205 of the Planning and Development Act 2000 on tree preservation orders, and section 17 of the Forestry Act 2014 on felling licences.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It sets the three provisions side by side. The Wildlife Act covers when vegetation may not be cut, the Planning and Development Act covers orders a planning authority makes, and the Forestry Act covers licences from the Minister. The nesting-season dates for several countries are on the nesting seasons page, and the felling licence process in Ireland and the UK is on the felling licences and woodland grants page.
The three provisions
| Topic | Section | What it says |
|---|---|---|
| Cutting vegetation and hedges | Wildlife Act 1976, section 40 (revised) | It is an offence to cut, grub, burn or otherwise destroy vegetation on land not cultivated, or vegetation in any hedge or ditch, from March 1 to August 31 in any year. Exceptions are listed in subsection (2). |
| Tree preservation orders | Planning and Development Act 2000, section 205 | A planning authority may make an order to preserve a tree, trees, a group of trees or woodlands, for stated reasons, in the interests of amenity or the environment. |
| Felling licences | Forestry Act 2014, section 17 | A person who wishes to fell or otherwise remove any tree or trees applies to the Minister for a licence, subject to section 7. |
Wildlife Act 1976, section 40
The revised text covers uncultivated land and, separately, any hedge or ditch, for the whole period from March 1 to August 31. The exceptions in subsection (2) include destroying vegetation on or in a hedge or ditch in the ordinary course of agriculture or forestry, works for public health or safety by a Minister or a statutory body, clearing vegetation in road or other construction works or in preparing a building site, and the felling, cutting, lopping, trimming or removal of vegetation under section 70 of the Roads Act 1993. The subsection says none of the exceptions covers anything done by burning. Subsection (4) gives a defence where the act was necessary to put out or stop a fire in progress, to save life or in another emergency. The enacted text of 1976 named April 15 as the start date, and the revised text shows the change made in 2001 by the Wildlife (Amendment) Act 2000. The annotations to the revised text also note that Heritage Act 2018, section 7 restricted the application of section 40 from July 18, 2018 for two years or longer if continued in force, and this page does not cover that.
Planning and Development Act 2000, section 205
An order may prohibit, subject to conditions or exemptions it sets, the cutting down, topping, lopping or wilful destruction of trees, and may require the owner and occupier to enter an agreement with the planning authority on managing the trees, including replanting, with the authority providing assistance towards it. Before making an order the authority serves a notice with a map on the owner and occupier and publishes it in a newspaper. The notice has to give a period of not less than 6 weeks for submissions. Contravening an order, or a proposed order pending the decision, is an offence. Subsection (11) says an order does not apply to cutting down, topping or lopping trees that are dying, dead or have become dangerous, to work done to comply with an obligation under an enactment, or to work necessary to prevent or abate a nuisance or hazard.
The revised text on the Law Reform Commission's site carries an annotation about the Planning and Development Act 2024. It says section 205 is repealed by section 6 of that Act, that an order in force before the repeal continues and is deemed to be made under section 267 of the 2024 Act, and that the transitional section 271 had not been commenced at the date of that revision. The annotation does not give the date.
Forestry Act 2014, section 17
The application names the applicant, the owner of the land if different, and particulars of the tree or trees. A licence is valid for the period the Minister decides, up to 10 years, and the Minister may extend it by further periods totalling up to 5 years. The Minister may attach conditions, including notices on site, replanting, protection of replanted trees, a report and a forest management plan. Felling or removing trees without a licence, or against a condition, is an offence. On summary conviction the fine is up to €200 for every tree, with a total of no more than €5,000, or imprisonment up to 6 months, or both. On conviction on indictment it is a fine up to €1,000,000, or imprisonment up to 5 years, or both. The Minister may ask for evidence that the applicant owns the land or acts with the owner's consent. The National Parks and Wildlife Service home page lists wildlife crime reporting and licence information for Irish wildlife law.
Sources
- Law Reform Commission, Wildlife Act 1976 section 40 (revised), read October 9, 2026
- Irish Statute Book, Planning and Development Act 2000 section 205, read October 9, 2026
- Law Reform Commission, Planning and Development Act 2000 section 205 (revised), read October 9, 2026
- Irish Statute Book, Forestry Act 2014 section 17, read October 9, 2026
- Law Reform Commission, Forestry Act 2014 section 17 (revised), read October 9, 2026
- National Parks and Wildlife Service, home page, read October 9, 2026