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Felling of trees in a residential area Printable version

Last update: 06.06.2023

When is it allowed to fell trees and shrubs?

If it is impossible to preserve trees and shrubs on the plots allocated for construction or other works, if existing vegetation poses a threat to other structures, including residential buildings, trees are cut down based on permission issued by an authorized body in accordance with the Law "On Permits".

Felling of trees based on permission of an authorized body is carried out due to the following reasons:

  • ensuring conditions for implementation of construction activities and installation works provided for by an approved and agreed urban planning documentation (upon permission);
  • maintaining objects of engineering improvement, reconstruction and arrangement of engineering networks, underground and aboveground communications (upon permission);
  • liquidating accidents and emergency situations, including at the objects of engineering improvement and engineering networks (upon permission);
  • improving territory of existing facilities and introducing aesthetics there, improving quality and species composition of green spaces (upon permission);
  • sanitary felling of trees that pose a threat to the safety of human health and life, as well as causing damage to the property of an individual and a legal entity (upon permission);
  • growth of trees and shrubs on public lands (upon permission).

Felling of trees can be carried out without permission:

During liquidation of accidents and emergency situations, including at landscaping facilities with engineering infrastructure, forced felling of trees is carried out without the consent of an authorized body, in the following cases:

  •  fall of trees, as well as their branches, poses a threat to human life and health, can cause damage to buildings and structures, utilities and networks;
  • traffic safety obstacles, including those blocking the visual overview of road signs, in case when a road sign cannot be moved.

How to get a permission to fell trees and shrubs?

To get a permit to fell trees and shrubs, you need to submit an application through www.egov.kz, www.elicense.kz.

How felling of trees in a residential area happens?

In order to fell trees for certain purposes specified in Clause 2, individuals and legal entities should submit documents via www.egov.kz, www.elicense.kz and get a permit from an authorized body (akimat).

When obtaining permission to fell trees and shrubs, compensatory planting is carried out. Compensatory planting is carried out at the expense of citizens and legal entities in whose interests the felling was carried out. When felling trees and shrubs based on a permission issued by an authorized body (akimat), compensatory planting of restored trees is carried out tenfold. When individuals and legal entities replant trees by themselves, compensatory planting is not performed. If replanting led to the death of trees, a five-fold amount of compensation is established.

In the event of death of the planted tree seedlings, a person in whose interests the demolition was carried out or an organization re-plant the trees and shrubs and provide further care for them for two years (the period of survival of the tree seedling), from the moment of planting.

In the event of an emergency falling of trees, in the result of wind and other natural events, road accidents, cleaning of a fallen tree, timely sanitary cleaning of the fall site and removal of wood residues on public lands and territories adjacent to buildings, structures, multi-storey residential buildings is carried out by relevant organizations servicing sites.

What penalty is imposed for illegal felling of trees and shrubs?

Administrative liability is provided for violation of the rules of maintenance and protection of trees and shrubs and illegal felling, destruction or damage of trees and shrubs, in accordance with Articles 381-1 and 386 of the Code of the Republic of Kazakhstan as of July 5, 2014 "On Administrative Violations".

Administrative liability

Illegal felling, destruction or damage of trees and shrubs that are not included into the forest fund and are prohibited for felling, except for trees and shrubs on household, suburban and garden plots, as well as destruction or damage to forest crops, nurslings or seedlings in forest nurseries and plantations, as well as young stock of natural origin, undergrowth or self-seeding on areas intended for forest reproduction and afforestation, with damage up to 50 monthly calculation indices, entail a fine:

  • for individuals: 50 MCI
  • for officials, small businesses or non–profit organizations:150 MCI
  • for medium–sized businesses: 200 MCI
  • for large–sized businesses: 500 MCI with confiscation of illegally felled trees and shrubs, vehicles and other objects of an offender, which were used to commit the violations.

Illegal felling, destruction or damage of trees and shrubs included into the forest fund, causing damage up to 50 monthly calculation indices, entail a fine:

  • for individuals: 100 MCI
  • for officials, small businesses or non–profit organizations:300 MCI
  • for medium–sized businesses: 400 MCI
  • for large–sized businesses: 1000 MCI with confiscation of illegally felled trees and shrubs, vehicles and other objects of an offender, which were used to commit the violations.

The actions listed above, committed in specially protected natural areas or repeatedly within a year after the imposition of an administrative penalty, entail a fine:

  • for individuals: 150 MCI
  • for officials, small businesses or non–profit organizations: 450 MCI
  • for medium–sized businesses: 600 MCI
  • for large–sized businesses: 1500 MCI with confiscation of illegally felled trees and shrubs, vehicles and other objects of an offender, which were used to commit the violations.

Violation of the rules of maintenance and protection of green spaces established by local representative bodies of regions, cities of republican significance and the capital entails a warning or fine:

  • for individuals: 30 MCI
  • for officials, small businesses or non–profit organizations: 60 MCI
  • for medium–sized businesses: 100 MCI
  • for large–sized businesses: 300 MCI
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