Michael Lowry (Tipperary, Independent)
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37. To ask the Minister for Agriculture, Food and the Marine if a dead tree or dead trees in either a farm or forest situation requires a tree felling licence; and if he will make a statement on the matter. [51249/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The felling of trees is governed by the Forestry Act 2014 and is subject to licence to ensure that such activity complies with environmental requirements and sustainable forest management standards. There is also an obvious need to avoid deforestation  in relation to economic and social considerations as well as  environmental considerations in terms of carbon, landscape and amenity. 

Therefore, to fell a tree or trees without a valid tree felling licence, unless exempted, is an offence under the Forestry Act. Having said that  there are clear exemptions under Section 19 of the Act where a tree felling licence is not required.  

The common scenarios where trees can be felled without the need to submit a felling licence application include:

- A tree in an urban area.

- A tree within 30 metres of a building (other than  a wall or temporary structure), but excluding any building built after the trees were planted.

- A tree less than five years of age that came about through natural regeneration and removed from a field as part of the normal maintenance of agricultural land (but not where the tree is standing in a hedgerow).

- A tree uprooted in a nursery for the purpose of transplantation.

- A tree of the willow or poplar species planted and maintained solely for fuel under a short rotation coppice.

- A tree outside a forest within 10 metres of a public road and which, in the opinion of the owner (being an opinion formed on reasonable grounds), is dangerous to person using the public road on account of its age or condition.

- A tree outside a forest, the removal of which is specified in a grant of planning permission.

- A tree outside a forest of the hawthorn or blackthorn species.

- A tree outside a forest in a hedgerow and felled for  the purposes of its trimming provided that the tree does not exceed 20 cm  in diameter when measured 1.3 metres from the ground.

- A tree outside a forest on an agricultural holding and  removed by the owner for use on that holding, subject to certain conditions as outlined in the Forestry Act 2014

In line with these exemptions under Section  19 of the Forestry Act, tree felling carried out under the Reconstitution and Underplanting Scheme for Ash Dieback does not require a tree felling licence. 

I also recently launched a Guide for Landowners to Managing Roadside Trees.  This informative Guide provides basic information on the benefits of such trees along with guidance on how to assess risk associated with roadside trees.