Illegal Forestry

Forestry in Ireland operates within a legal and regulatory framework. All forests are protected by the Forestry Act 2014.

It is important that those involved in the forestry sector are familiar with the various legal and regulatory obligations governing forestry. Information on felling and reforestation policy can be found here.

While most forestry operations are exempt from the requirement to obtain planning permission, some forestry activities require, under the above legislation, consent by way of licence, from the Minister for Agriculture, Food and the Marine. Below is a description of possible offences relating to forestry.

Under the Forestry Act 2014, it is illegal to cut down any tree, grant-aided or not, unless a felling licence permitting the felling has been issued by the Forestry Division of the Department of Agriculture, Food and the Marine on behalf of the Minister.

However, there are certain exemptions to this requirement to obtain a tree felling licence. These include felling:

• A tree, outside a forest, that is
  • within 30 metres of a building that was built before the tree was planted or,
  • within 10 metres of a public road and which is dangerous to persons using the public road on account of its age or condition.
• A tree in an urban area that is specified in the Local Government Act 2001 before the enactment of the Local Government Reform Act 2014. A list of the urban areas can be found below

A full list of the exemptions can be found here.

If you are unsure if an exemption applies, please contact the Department at aif@agriculture.gov.ie

Information on how to apply for a felling licence can be found here.

A licence is required to construct a forest road. If a forest road construction project includes the provision of access to a public road, planning permission for access may also be required.

When a licence is granted for the purpose of forest road works, the licence will also confer the authority on the licensee to fell only those trees that need to be removed within the road reserve to facilitate the works.

Information on how to apply for a forest road licence can be found here.

Afforestation refers to the conversion of land to forest; an Afforestation Licence is required for all afforestation projects where the area involved is greater than 0.10 hectares (approximately 0.25 acres).

More information on how to apply for an Afforestation Licence can be found here.

An Aerial Fertilisation Licence must be obtained before a person can use an aircraft to apply fertiliser to a forest.

More information can be found here.

Where trees have been felled illegally, the Minister may issue a Replanting Order to the owner of the affected land that requires the owner to plant trees to replace those felled.

Failure to comply with a Replanting Order may lead to a prosecution.

Before reporting an alleged illegal forestry incident, it's important to check whether the felling was authorised.

You should check for:

• valid licence with the Forestry Licence Viewer application
• felling exemptions

Reports of suspected illegal forestry activities should be submitted, using the forms below, to the Alleged Illegal Forestry Section of the Department of Agriculture by email if possible, to AIF@agriculture.gov.ie.

Alleged Illegal Forestry contact details.

Address: Forestry Division, Department of Agriculture, Food and the Marine, Johnstown Castle Estate, Co. Wexford

Email: AIF@agriculture.gov.ie

Telephone: +353 (0) 53 9163425

Updates on ongoing investigations.

Please note that we are unable to provide updates on ongoing investigations of alleged illegal forestry, as doing so could compromise the integrity of the investigation process and any subsequent enforcement actions that may follow.

Additionally, requirements under GDPR and the Data Protection Act 2018 must be considered.

Once an investigation is complete, we may be in a position to share the outcome upon request.

Tree Preservation Orders (TPO) can be issued to prevent the cutting down, topping, lopping or wilful destruction of trees. Local Authorities are responsible for issuing TPOs as well as maintaining a register of TPOs.

Tree preservation orders do not apply to trees that are dead, dying, dangerous, or have been ordered to be cut down by statutory notice.

Where a TPO is in place, a felling licence may have issued from the Forest Service for felling, but the trees cannot be cut down unless the local authority also issues consent.

For information on Tree Preservation Orders or to view the register, please contact your local authority.