Cutting tree branches and bird nesting/hatching etc

Hi all,

I live in Dublin on the northside and I have a back garden approx 5 m wide by 18 m long. At the end of the garden there are 3 fairly mature trees...I have no idea what type they are but I would guess they have been there for a good 20 years or more, or possibly since the house was built in the 60s. Problem is in the summer the branches get very full and I lose about 15 to 20 feet of the garden. So I want to cut back some of the branches and give them a trim. A friend of mine said that there are certain times of the year that it is illegal to trim branches of trees, due to birds nesting, hatching etc. Is this true, and if so what are the dates?

Cheers,
Ciaran.

Thats very considerate of you Ciaran.
I`m afraid I couldn`t answer your question with any great knowledge of nesting birds but would imagine springtime to be the busy nesting time, no doubt some kind ornithologist will inform us.

For a copy of Conserving Hedgerows produced by the Heritage Council and Local Authority Heritage Officers, please email [email protected] or download in pdf format here

Under section 40 of the Wildlife Act 1976, incorporating section 46 of the Wildlife (Amendment) Act 2000, the times for hedge and verge cutting are set out. In summary, this means that if cutting of hedges and verges is planned, this should be carried out by the end of February and no further cutting should take place until the start of September. Please see excerpt of the Act below for exemptions.

If you require clarification on whether it is appropriate to cut hedges or verges, please contact the relevant conservation rangers from the National Parks and Wildlife;
Offaly North East: Colm Malone (057) 9331470
or West Offaly: Noel Bugler (057) 9122512.


Section 40 of the Wildlife Act 1976, incorporating section 46 of the Wildlife (Amendment) Act 2000
(a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

(b) It shall be an offence for a person to cut grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a ) of this subsection.
(2) Subsection (1) of this section shall not apply in relation to – (a) the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;
(b) the cutting or grubbing of isolated bushes or clumps or gorse, furze or whin or the mowing of isolated growths or fern in the ordinary course of agriculture.

c) The cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister or the Government or a body established or regulated by or under a statute.
(cc) the clearance of vegetation in the course of fisheries development works carried out by the Central Fisheries Board or a regional fisheries board in the exercise of its functions under the Fisheries Acts, 1959 to 1999;

(d) the destroying of any noxious week to which the Noxious Weeds Act 1936, applies

(e) 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 in intended to be provided.

(f) The removal or destruction of vegetation required by a notice served by the Minister under section 62(1) of the Act of 1946 to be removed or destroyed;

Thanks for the update Woodbine. The above though seems to apply to rural fields/hedgerows...does it also apply to a back garden in an urban area?

Hi Ciaran, i'm not sure if it applies to urban areas. Maybe a call to your local council?

were you going to do the work yourself? if you were going to get professionals in to do it, they would know if the wildlife act applied to you. (well, to your situation, unless you're a very well trained, articulate bird!)

Yep going to do it myself...it's not a major task, just 3 or 4 trees that I want to cut back some of the branches. And yes I am well trained and articulate, but not a bird...

Common sense approach is probably best.
If there are birds nesting in the trees, cut them next season.
If not, cut them know.