Cutting over the trees in the community Printable versionLast update: 05.11.2020
What are the cases it is allowed to cut over green spaces
Cutting over the trees upon authorization of the competent body is carried out under the following:
- To ensure conditions are in place for carrying out the construction activities, construction and erection works, provided for in accordance with the urban planning documentation approved and agreed (permit is required);
- in servicing of the engineering improvement objects, for the reconstruction and arrangement of engineering networks, the underground and above the ground communications (permit is required);
- when improving the territory of the existing facilities and bringing them into an aesthetic form, the need to improve the quality and composition of the species of the green spaces (permit is required);
- for the growth of trees and shrubs on the public lands (permit is required).
Cutting over the trees without authorization is allowed under the following:
- in the territories of the individual dwelling and housing and personal subsidiary holdings;
- in the suburban areas;
- in liquidating the emergencies, including at the engineering improvement facilities;
- for sanitary clearance of the trees that pose a threat to the safety of the human health and life, as well as cause damage to the property of natural persons and legal entity.
How to get authorization to cut the green space
To obtain permission to cut the trees, you must submit an application through the e-government portal www.egov.kz, www.elicense.kz.
How the trees are cut down in the community
To cut down the trees for specific purposes specified in paragraph 2, the individuals and legal entities must submit the documents through the portal www.egov.kz, www.elicense.kz and obtain the permit from the authorized body (city hall akimat).
Upon the receipt of the permit to cut the trees, the compensated planting is performed. The compensated planting is carried out at the expense of the citizens and legal entities because of who was performed the tree clearance. In case of the tree clearance with the permit (issued by the city hall akimat), the compensated planting of the restored trees is carried out in a tenfold amount.When transplanting the trees is done by the individuals and legal entities, the compensated planting is not performed.In the event that the transplanting has led to the death of the trees, a five-fold amount of compensation is established.
In the event of the death of the planted trees, the persons in whose interests the trees were cleared or the organization shall be responsible for re-planting green spaces and providing further care for them within two years (the period of the tree survival after the planting), from the moment of planting in the ground.
In the event of the emergency fall of the trees, as a result of the wind blow and other cases of a natural character, as well as of the traffic accidents, then the cleaning of the fallen tree, timely sanitary cleaning of the tree fall site and removal of the wood residues on the public lands and in the territories adjacent to the buildings, structures, multistoried residential buildings shall be carried out by the organizations designated to maintain the areas serviced.
What is the punishment provided for illegal cutting of the green spaces
For the violation of the rules for the maintenance and protection of the green spaces and illegal felling, destruction or damage of the trees and shrubs, administrative liability is provided, in accordance with Articles 381-1 and 386 of the Code of the Republic of Kazakhstan dated July 5, 2014 "On Administrative Offenses".
For the illegal felling, destruction or damage of the trees and shrubs that are not included in the forest fund and are prohibited from felling, causing a damage of up to 100 monthly calculation indices (MCI), is subject to the penalty charged on:
- The individuals – in the amount of 10 MCI;
- the officials, small businesses or non-profit organizations - 30 MCI;
- the medium-sized businesses - 40 MCI;
- the large business entities - 100 MCI with the confiscation of the illegally felled trees.
For the violation of the rules for the maintenance and protection of the green spaces established by the local representative bodies of the regions, cities of republican significance and the capital city it is provided for penalty charged on: