The purpose of these statutes is to protect trees

1. because of their rarity, uniqueness and beauty
2. to ensure the efficiency of the natural balance
3. to revitalize, structure or maintain the townscape and landscape
4. to prevent harmful effects and
5. to preserve, maintain and develop trees to improve the climate in the settlement area.

(1) These statutes regulate the protection of existing trees within the built-up areas and the scope of the development plans, insofar as these do not stipulate agricultural or forestry use.

(2) Protected are trees with a trunk circumference of 100 cm and more, in the case of conifers 150 cm and more, measured at a height of 100 cm above the ground. If the crown base is below this height, the trunk circumference below the crown base is decisive. In the case of multi-stemmed trees, the sum of the trunk circumferences shall be decisive.

(3) The provisions of these statutes apply irrespective of the requirements of para. 2

1. to trees that are to be preserved on the basis of the provisions of a development plan,
2. to the replacement planting carried out in accordance with these bylaws.

(4) The provisions of these bylaws do not apply to

1. fruit trees, with the exception of nut trees and chestnut trees,
2. as well as forests within the meaning of the Act on the Conservation of Forests and the Promotion of Forestry (Federal Forest Act) of May 2, 1975 (Federal Law Gazette I p. 1307) and the Forest Act for the State of North Rhine-Westphalia (State Forest Act) in the version published on April 24, 1980 (SGV. NRW. 790).

(5) The special provisions for trees and groups of trees that are protected as natural monuments or landscape features in accordance with Section 42 a (2) of the Landscape Act are not affected by these statutes.

(1) It is prohibited to remove, destroy, damage or significantly alter the structure of protected trees within the scope of these statutes. However, the usual care and maintenance measures, measures within the framework of the proper operation of tree nurseries or market gardens and measures for the proper design, care and protection of public green spaces are permitted. Measures that cannot be postponed to avert an imminent danger are also permitted; the City of Bonn must be notified immediately.

(2) Damage within the meaning of para. 1 sentence 1 shall be deemed to have occurred if interventions are carried out on protected trees that lead or could lead to the death of the tree; this also includes disturbance of the root area below the tree crown (crown support area), in particular by:

1. Paving the area with a water-impermeable surface (e.g. asphalt, concrete),
2. Excavations, excavations (e.g. by digging trenches) or backfilling,
3. Storage or filling of salts, oils, acids, alkalis or waste water,
4. Leakage of gases and other harmful substances from pipes,
5. the use of weed killers (herbicides) and
6. the use of road salt, unless the crown area is part of the paved traffic area.

(3) A change within the meaning of para. 1 sentence 1 exists if protected trees are subjected to interventions that significantly change their characteristic appearance or impair their further growth.

(1) The City of Bonn may order the owner or authorized user of a property to take certain measures for the care, preservation and protection of endangered trees within the meaning of § 1 a of these statutes; this applies in particular if construction measures are to be prepared or carried out.

(2) If the owner or authorized user of a property takes measures that could have a damaging effect on protected trees on adjacent properties, para. 1 shall apply accordingly.

(3) If necessary in individual cases for the implementation of a measure, its execution by professionally qualified persons may be required.

(4) The Federal City may order the owner or authorized user to tolerate the implementation of certain care and maintenance measures on protected trees, provided that he cannot reasonably be expected to carry them out himself.

(1) An exception to the prohibitions in § 2 shall be granted if

1. the owner or another authorized party is obliged to remove or modify the trees due to provisions of public law or a final judgment of an administrative court
   and he cannot reasonably be released from this obligation,
2. a use permitted under building regulations cannot otherwise be realized or can only be realized with significant restrictions,
3. the tree poses a danger to persons or property and the danger cannot be eliminated in any other way with reasonable effort,
4. the tree is diseased and its preservation is not possible with reasonable effort, even taking into account the public interest,
5. the removal of the tree is urgently required for reasons of overriding public interest that cannot be realized in any other way.

If necessary, the applicant must provide evidence of the requirements for permission.

(2) Exemptions from the prohibitions in § 2 may be granted in individual cases if

1. the prohibition would lead to unintended hardship and the deviation is compatible with public interests or
2. reasons of general welfare require the exemption or
3. after weighing up public and private interests, the private interests outweigh the public interests.

In particular, private interests are to be taken into account in the consideration: Shading, damage to buildings, paths or supply/disposal lines, distance from the building or horticultural design of the property.

Public interests include, in particular, the rarity, distinctiveness, beauty of the trees and their significance for the townscape and landscape as well as the flora and fauna and the improvement of the urban climate.

(3) The granting of an exception or exemption must be applied for in writing to the City of Bonn - Lower Landscape Authority - stating the reasons and enclosing a site plan. The submission of a site plan may be waived in individual cases if the protected trees, location, species and trunk circumference are sufficiently represented in another way. The granting of an exception or exemption after submission of an application within the meaning of § 4 para. 3 shall be deemed to have been granted if the Federal City does not object in writing within six weeks in a substantiated form or issues an interim decision.

(4) The decision on the exception or exemption shall be issued in writing. It may be combined with ancillary provisions.

(5) In the case of § 4 para. 1 letters b to d and para. 2, the applicant shall be required to plant and maintain trees or shrubs of a certain type and size on the property at his own expense to replace trees that have been removed. Replacement planting may be waived if the property is sufficiently greened or if the replacement planting would cause unreasonable hardship for the owner. In the case of § 4 para. 1 letter a, the applicant is obliged to tolerate a replacement planting on his property. If replacement planting is impossible in whole or in part, a compensation payment must be made. Replacement planting is impossible if legal or factual reasons (including technical considerations) prevent it.

(6) The replacement planting is calculated according to the trunk circumference of the removed tree. As a replacement for a removed tree with a trunk circumference of more than 150 cm, a tree of the same or at least equivalent species with a minimum trunk circumference of 20 cm is to be planted at a height of 1 m above the ground. If several trees are to be planted as a replacement, the submission of a green plan may be requested. If the trees to be planted do not grow, the replacement planting must be repeated.

(7) The compensation payment corresponds to the average cost of the replacement planting otherwise to be carried out by the applicant (cost of purchase plus cost of planting amounting to 30 percent of the net purchase price).

(8) Exceptions to the provisions of para. 5 may be permitted in specially justified cases.

(9) Section 31 BBauG remains unaffected for trees that are to be preserved on the basis of the provisions of a development plan.

(1) If planning permission is applied for for a property within the scope of these bylaws, the protected trees within the meaning of Section 1a, their location, species, trunk circumference and crown diameter must be entered on the site plan. If the crowns of protected trees on adjacent properties extend beyond the building plot, this must be shown to scale on the site plan.

(2) If planning permission is requested for a project that involves the removal, destruction, damage or alteration of protected trees, the application for permission in accordance with § 4 Para. 3 must be attached to the planning application. The decision on the permit applied for (§ 4 Para. 4) shall be made separately in the building permit procedure; its content shall become part of the building permit.

(3) Para. 1 and para. 2 sentence 1 shall also apply mutatis mutandis to preliminary building applications. In this case, the trees may be shown to scale on a copy of the cadastral map.

(1) Any person who intentionally or negligently

1. removes, destroys, damages or significantly alters the structure of protected trees contrary to § 2 without permission,
2. fails to comply with requirements, conditions or other orders within the scope of a permit issued in accordance with § 4,
3. fails to enter protected trees in the site plan contrary to § 5 Para. 1,
4. fails to make a notification in accordance with § 2 Para. 1 last sentence or
5. does not carry out measures in accordance with § 3 as ordered.

(2) The administrative offense may be punished with a fine of up to EUR 50,000 in accordance with Section 71 (1) of the Landscape Act, unless the offense is punishable under federal or state law.

(1) Anyone who, contrary to § 2, removes, destroys or damages protected trees or significantly alters their structure without permission shall be obliged to carry out or arrange for new planting corresponding to the value of the removed or destroyed trees or to eliminate the other consequences of the prohibited act.

(2) If replacement planting on the property on which the removed or destroyed trees stood is wholly or partially impossible, the obligated party shall make a compensation payment for the trees removed or destroyed by him, the amount of which shall correspond to the value of the removed or destroyed trees. Replacement planting is impossible if legal or factual reasons (including technical aspects) prevent it.

(3) The replacement planting or the compensation payment shall be based on the value of the tree, which is to be determined according to the modified material value method (Koch, Verkehrs- und Schadensersatzwerte von Bäumen, Sträuchern, Hecken, Obstgehölzen und Reben nach dem Sachwertverfahren, Heft 69, der Schriftenreihe des Hauptverbandes der landwirtschaftlichen Buchstellen und Sachverständigen). Further obligations based on other legal norms remain unaffected. If it is proven that a special permit or exemption could have been granted for the unlawful measures, the scope of the replacement planting or compensation payment can be determined in accordance with Section 4 (6) and (7).

(4) If a third party has removed, destroyed or damaged protected trees without authorization and the owner or the authorized user has a claim for compensation against the third party, the owner or the authorized user may only be subject to the obligations under para. 1 to the extent that he has a claim for compensation against the third party and does not assign it to the Federal City. The Federal City is obliged to accept the offer to assign the claim for compensation. In this case, the owner or authorized user remains obliged to tolerate a replacement planting on his property.

(5) Exceptions to the provisions of paragraphs 1 and 2 may be permitted in specially justified cases.

The compensation payments to be made in accordance with these statutes are to be paid to the City of Bonn. They are to be earmarked for replacement planting, if possible in the vicinity of the location of the removed or destroyed trees.

The representatives of the City of Bonn are authorized to enter properties for the purpose of implementing these statutes after giving reasonable advance notice; they are obliged to identify themselves at the request of the property owner or the authorized user. If there is imminent danger, advance notice may be waived.

The City of Bonn charges fees

1. for the granting of a permit in accordance with § 4 for the removal or significant modification (maintenance measure requiring approval) of protected trees in the amount of 44 euros as a basic fee and 11 euros for each tree for which removal or significant modification has been approved;
2. for the complete rejection of an application in the amount of 75 % of the fee due for a permit; in the case of a partial rejection, 75 % of the tree-dependent fee for the rejected trees in addition to the fee according to No. 1. If the application is withdrawn after the administrative service has been completed, the fee incurred is to be charged in full.

(1) The fee debtor is the applicant in accordance with § 4 Para. 3. Several fee debtors are liable as joint debtors.

(2) The fee debtor shall receive a written notification of the amount to be paid, which shall be combined with the written decision on the permit or rejection.

(3) The fees shall become due one month after notification of the fee decision to the fee debtor. The due date shall be specified in the fee notice.

These bylaws shall enter into force on the day following their public announcement. At the same time, the bylaws for the protection of trees in the city of Bonn dated May 8, 1985 (Amtsblatt der Stadt Bonn p. 103) shall cease to be in force.
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The above statutes are hereby made public.

It is pointed out that a violation of procedural and formal regulations of the municipal code for the state of North Rhine-Westphalia (GO NW) in the creation of these statutes can no longer be asserted after the expiry of one year from the date of this announcement, unless

1. a prescribed approval is missing or a prescribed notification procedure has not been carried out,
2. these Articles of Association have not been duly published,
3. the Mayor of Bonn has previously objected to the resolution on the statutes or
4. the formal or procedural defect has been notified to the City in advance, stating the legal provision that has been infringed and the fact that reveals the defect.

Bonn, June 21, 2000

Dieckmann
Mayor of Bonn