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The unit applying for felling trees must hold a "construction project permit" issued by the urban planning and management department.
and a supporting floor plan, a replanting plan, and the "Project Commencement Approval Form" issued by the Municipal Construction Committee, and the green area does not meet the "Regulations".
The prescribed standard should be attached to a greening plan, and the municipal engineering should be attached to a longitudinal diagram of the underground pipeline to the competent authority of the district and county landscaping to receive a unified "application for felling and removing trees", and after the on-site investigation by the competent department of landscaping, the "Beijing Tree Felling and Transplantation Permit" shall be issued to meet the requirements; If an individual resident applies for cutting down trees due to house demolition, renovation or construction, he or she shall go to the landscaping department of the district or county to apply for the "Beijing Tree Cutting and Transplantation Permit" with the permit certificate issued by the urban planning and management department of the district or county. The felling of dead trees and dangerous trees shall be handled in accordance with other relevant regulations.
Nor can it be arbitrarily cut down in a unit or community.
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The relevant provisions of China's "Forest Law" are: Article 31 The following provisions must be observed in the felling of forests and trees:
1) Mature timber forests should be selected and cleared and gradually cut according to different conditions, and clear-cutting should be strictly controlled, and reforestation should be completed in the year of felling or the following year;
2) National defense forests, mother forests, environmental protection forests, and scenic forests in shelterbelts and special-purpose forests are only allowed to be harvested in the nature of tending and regeneration;
3) Felling is strictly prohibited in the forests of places of interest and historical sites and revolutionary memorial sites in special purpose forests, and forests in nature reserves.
Article 32 To harvest trees, it is necessary to apply for a felling permit, and the felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses.
Application process for a forest harvesting permit.
1. Before applying, you first need to prove that the felled trees are your own, otherwise you cannot apply. Having the right to use the forest is a prerequisite for applying for a felling permit.
2. Before submitting the application to the forestry department, it is necessary to write a certificate of the upcoming felling and seal it with the village committee.
3. Next, you can submit an application to the township forestry station, the application needs to be detailed, and there must be a specific statement for the scope, forest species, area, method and renewal measures of felling, and report to the county forestry bureau after the review is passed. If there is a certificate of forest tenure, it also needs to be submitted.
4. After receiving the application, the county forestry bureau will send staff to the site within 15 days to conduct an inquest and review, and conduct four to confirm.
5. After on-site inspection, forestry staff also need to go through internal approval procedures, and after the approval of the leaders in charge of the Forestry Bureau, the forestry felling permit will be issued within 15 days, so that it can be felled.
6. However, there are many issues to be paid attention to when logging, and it is necessary to carry out felling in accordance with the method, scope and time on the felling permit, otherwise it may also constitute a violation of the law.
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If the applicant applies for felling trees for renovation or construction, he or she shall go to the landscaping department of the district or county to apply for the "Beijing Tree Cutting and Transplantation Permit" with the permit certificate issued by the urban planning and management department of the district or county.
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A harvesting permit is required to cut down trees.
Felling trees shall be felled in accordance with the provisions of the felling permit, and the felling permit shall be issued by the competent forestry department of the people's ** at or above the county level, and materials on the location, forest species, tree species, area, accumulation, method, renewal measures and forest ownership shall be submitted. If it exceeds the area or volume specified by the competent forestry department of the people's ** at or above the provincial level, it shall also submit the survey and design materials of the felling area.
The consequences of cutting down trees are as follows:
1. Cutting down trees is easy to soil erosion, if the vegetation coverage rate is low, the rainy season will cause a large amount of soil erosion, destroy the fields, fill the riverbed, and silt up the estuary, which is extremely harmful;
2. Cutting down trees is easy to cause wind and sand to rage, and there is no vegetation protection in desert areas, and soon the desert will become a desert, which greatly increases the difficulty of governance;
3. The quality of the living environment will be seriously reduced, and air pollution, dryness, and bacteria will come to the face;
4. If a large number of trees are cut down, the living environment of the species will be destroyed, and it will be the extinction of the five middle schools because of the loss of their homes, if the earth loses forests, about 4.5 million biological species will cease to exist, 90% of the fresh water on land will flow into the sea in vain, and human beings will face serious water shortages. The loss of forests has increased wind speeds by 60 to 80 percent in many areas.
Legal basis] Forest Law of the People's Republic of China
Article 56 A felling permit shall be applied for for felling of trees on forest land, and felling shall be carried out in accordance with the provisions of the felling permit; Felling of bamboo forests outside nature reserves does not require an application for a felling permit, but shall comply with the technical regulations for forest felling. Rural residents do not need to apply for a felling permit to harvest sporadic trees on their own land and in front of and behind their houses. The regeneration and felling of farmland shelter forests, windbreak and sand fixation forests, road protection forests, bank protection and embankment forests and urban forests on non-forest land shall be managed by the relevant competent departments in accordance with relevant regulations.
The harvesting and transplantation of trees shall be managed in accordance with the felling of trees. The specific measures shall be formulated by the competent forestry authorities. It is forbidden to forge, alter, buy, sell, or lease logging permits.
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According to the regulations, the felling of forest trees by rural residents in their own mountains and individual contracted collectives shall be reviewed and issued by the competent forestry department at the county level or the entrusted township and town people in accordance with the relevant regulations. In other words, it is necessary to apply for a felling permit to cut down trees on the mountain.
1. The applicant shall submit the application materials to the window of the Forestry Bureau after drawing the number at the guide desk of the county government affairs center. The window personnel will conduct a preliminary review of the materials, and the materials will be accepted after the preliminary examination is qualified, and a notice of acceptance will be issued; If the materials are incomplete or do not conform to the statutory form, the applicant shall be notified at one time; The materials that need to be prepared are:
1) To apply for a forest felling permit, it is necessary to submit the ownership certificate or the right to use the application for felling trees.
2) State-owned forestry enterprises and institutions shall submit the survey and design documents of the felling area and the acceptance certificate of the previous year's felling update.
3) Other units submit documents including the purpose, location, forest species, forest condition, area, volume, method and renewal measures of felling trees.
4) Documents submitted by individuals include the location, area, species, number of trees, volume, update time, etc.
2. The handling personnel review the application materials, organize on-site evaluation, and put forward proposed opinions;
3. After the chief representative passes the review, the leaders of the bureau will approve and issue it;
4. The applicant shall receive the "Decision on Granting Administrative License" and "Forest Felling Permit" or "Decision on Not Granting Administrative License" at the window of the County Forestry Bureau with the notice of acceptance.
Legal basis: Article 32 of the Forest Law of the People's Republic of China must apply for a felling permit for felling trees, and felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses.
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Legal Analysis: A forest felling permit is required.
Legal basis: According to Article 32 of the Forest Transportation Law of the People's Republic of China, a felling permit must be applied for for felling trees, and felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses.
State-owned forestry enterprises, institutions, organs, groups, troops, schools and other state-owned enterprises and institutions shall be subject to the examination and issuance of felling permits by the competent forestry authorities at or above the county level where they are located in accordance with relevant regulations. The regeneration and felling of road protection forests of railways and highways and urban forests shall be examined and issued by the relevant competent departments in accordance with the relevant regulations. Rural collective economic organizations shall examine and issue felling permits by the competent forestry departments at the county level in accordance with relevant regulations.
Rural residents felling forests from their own mountains and individual contracted collectives shall be examined and issued by the competent forestry department at the county level or the people of the township or town entrusted by them in accordance with the relevant regulations. The provisions of the above paragraphs shall apply to the felling of bamboo forests whose main purpose is to produce bamboo.
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Legal analysis: Fines can be imposed for cutting down trees in the community, and legal responsibility can be seriously investigated.
Legal basis: "Forest Law of the People's Republic of China" Article 39 Illegal felling of forests or other forests shall compensate for losses according to law; The competent forestry department shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees. In the case of indiscriminate felling of forests or other forest trees, the competent forestry department shall order the replanting of trees five times the number of trees that have been indiscriminately felled, and impose a fine of not less than two times but not more than five times the value of the indiscriminately felled trees.
If the tree is refused to be replanted or the replanting does not comply with the relevant provisions of the state, the competent forestry department shall replant the tree on its behalf, and the required expenses shall be paid by the violator. Where illegal felling or indiscriminate felling of forests or other trees constitutes a crime, criminal responsibility shall be pursued in accordance with law.
Criminal Law of the People's Republic of China》 Article 345 Whoever illegally logs down forests or other forest trees, in relatively large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is especially huge, a sentence of seven or more years imprisonment and a concurrent fine is to be given. Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; Illegally purchasing or transporting trees that are clearly known to be illegally or indiscriminately felled, and the circumstances are serious, are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Those who illegally or indiscriminately cut down forests or other trees in national nature reserves shall be given heavier punishments. The trees in the community are also protected, the owner is not allowed to cut down at will, involving the handling of related matters, you can directly report to the police or be punished by the administrative department, involving serious illegal and criminal acts, you also need to sue to the court for judgment processing, and the specific situation will be determined by the court.
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