Guide summary

Use the form in Schedule 4 to the Regulations, with a plan and the evidence the authority asks for
Do not start work in the 42 days unless the authority has told you in writing that you may
Remove the hedgerow as your notice proposed, within 2 years of serving it
Appeal a retention notice to the Secretary of State within 28 days of being given it
The Regulations do not apply to a hedgerow within or marking the boundary of a dwelling-house curtilage
Check for nesting birds first: the main nesting season is March to August
Do not cut or trim covered farmland hedgerows from 1 March to 31 August, inclusive
The authority may require a replacement hedgerow if one is removed unlawfully

Check whether the hedgerow is covered

Hedgerow removal notice requirements (Hedgerows Regulations 1997)

Which hedgerows need a removal notice to the local planning authority, the permitted exceptions, the criteria for 'important' hedgerows, retention notices and the offence of unlawful removal.

The Hedgerows Regulations 1997 prohibit removing a hedgerow they cover unless you have first served a hedgerow removal notice on the local planning authority and the authority has either said the hedgerow may be removed or let 42 days pass without giving a hedgerow retention notice. The notice is made on the form in Schedule 4 to the Regulations, with a plan and evidence, and the removal must follow the proposal in it and take place within two years of service. The Regulations apply in England and Wales.

Notice period: 42 days from receipt, or longer if agreed with the authority
Authority options: Say the hedgerow may be removed, or give a hedgerow retention notice
Retention notice: Stops removal until the authority withdraws it
Appeal against a retention notice: To the Secretary of State within 28 days
Time to remove: Within two years of serving the notice

Hedgerows covered

The Regulations apply to a hedgerow growing in or adjacent to common land, protected land, or land used for agriculture, forestry, or the breeding or keeping of horses, ponies or donkeys, if it:

has a continuous length of 20 metres or more; or
is shorter than 20 metres but meets another hedgerow at each end

Protected land means a local authority nature reserve or land notified as a site of special scientific interest. The Regulations do not apply to a hedgerow within the curtilage of, or marking the boundary of the curtilage of, a dwelling-house.

Removal that is permitted without a notice

Regulation 6 permits removal of a hedgerow that is required, among other things:

to make a new opening in place of an existing one, in which case you must plant a hedge in the old opening within 8 months
to obtain temporary access in an emergency, or access where no other means is available or it would cost a disproportionate amount
for national defence
to carry out development with planning permission, but not development that is permitted by the Town and Country Planning General Permitted Development Order (apart from the Parts for local or private Acts and toll road facilities)
for flood defence or land drainage work
to prevent the spread of, or eradicate, a plant or tree pest
for the highway functions of the Secretary of State or a strategic highways company, or to clear electric lines
for the proper management of the hedgerow

Permitted work does not override any other legal restriction or agreement.

Important hedgerows

A hedgerow is 'important' if it has existed for 30 years or more and meets at least one criterion in Part II of Schedule 1. The authority must give a retention notice for an important hedgerow unless satisfied that there are circumstances which justify removing it, and cannot give one for a hedgerow that is not important. The criteria cover:

archaeology and history, such as marking a pre-1850 parish or township boundary, incorporating a scheduled or recorded archaeological feature, or being an integral part of a pre-Inclosure Acts field system
wildlife and landscape, such as containing certain protected or listed species, or having at least 7 woody species (fewer where it also has specified features such as a bank or wall, or in the listed northern counties)

Offence and replacement

It is an offence to intentionally or recklessly remove, or cause or permit another person to remove, a hedgerow without a removal notice cleared in this way, or in breach of a retention notice. Separately, if a hedgerow has been removed unlawfully the authority may serve a notice on the owner requiring a replacement hedgerow, specifying the species, position and planting period. A replacement hedgerow is treated as an important hedgerow for 30 years.

Send a hedgerow removal notice

The owner of the hedgerow sends the notice, or a utility operator removing one on someone else's land. The owner is the freeholder or, on an agricultural holding or farm business tenancy, the tenant.

The local planning authority is the district council in England, a county or county borough council in Wales, or the National Park Authority, the Broads Authority or the Council of the Isles of Scilly for land in their areas.

Talk to the authority first

Check that you need a notice and what plans it wants with it.
Send the notice

Use the form in Schedule 4 to the Regulations, with a plan and the evidence it asks for. The authority consults the parish or community council on your proposal.
Wait for the decision

The authority has 42 days from receiving your notice, or a longer period you agree with it, to serve a retention notice. Do not start work in that time unless it has told you in writing that you may.
Remove the hedgerow as you proposed

You may go ahead once the authority has told you in writing that you can, or 42 days have passed without a retention notice. Remove it as your notice proposed, within 2 years of serving it. After that you need a new notice.
Appeal a retention notice if you disagree

You must not remove the hedgerow unless the authority withdraws the notice. You can appeal to the Secretary of State within 28 days of the notice being given to you.

Before you start work

Check for nesting birds first.

Bird nesting season restrictions for development

Prohibition on disturbing nesting wild birds in England and Wales under Wildlife and Countryside Act 1981 Section 1. Covers the main nesting season (March to August), Schedule 1 species with enhanced protection, and practical implications for construction timing.

Under Section 1 of the Wildlife and Countryside Act 1981, all wild birds, their nests (while being built or in use), and their eggs are protected.

It is a criminal offence to intentionally kill, injure, or take any wild bird, to intentionally take, damage, or destroy the nest of any wild bird while it is in use or being built, or to take or destroy its eggs.

Species protected: All wild birds
Main nesting season: March to August (varies by species)
Nesting outside the main season: Barn owls and crossbills from January; pigeons and doves all year; swallows and house martins into September or October
Schedule 1 species: Extra protection for birds such as barn owl, kingfisher, peregrine and red kite
Schedule 1 disturbance offence: Intentionally or recklessly disturbing a Schedule 1 bird at, on or near an active nest
Maximum penalty: Unlimited fine and up to 6 months in prison per offence

Practical implications for development

Vegetation clearance, demolition, and tree felling should be timed outside the main nesting season (March to August) wherever possible
If works must proceed during nesting season, a suitably qualified ecologist must check for active nests immediately before works begin
If an active nest is found, works must stop in that area until chicks have fledged and the nest is no longer in use
There is no general licence to disturb nesting birds for development purposes
Schedule 1 species require specialist assessment and may need specific mitigation measures
Protection applies regardless of whether a planning condition requires it

Check too whether you need a felling licence for trees in the hedgerow, or whether a tree preservation order applies. If you are in a rural payments agreement, check its handbook for restrictions on removing or cutting hedgerows.

Cutting and trimming hedgerows on farmland

Farm hedge cutting ban

Hedgerows on farmland in England.

Ban on cutting or trimming: 1 March to 31 August, inclusive
Covered hedgerow, land test: Land used for agriculture, or adjacent land owned by the hedgerow owner
Covered hedgerow, length test: 20 metres or more, or meeting another hedgerow at both ends
Hedges within or marking the boundary of a dwelling-house curtilage: Outside the ban
Hedge-laying and coppicing: Allowed 1 March to 30 April
Newly laid hedge: Hand trimming allowed within 6 months
Other exceptions include, road users: Danger to road users
Other exceptions include, plant health: Serious plant health harm or pest infestation
Other exceptions include, health and safety: Health and safety
Other exceptions include, statutory activity: Statutory activity
Other exceptions include, permission: Written permission from the Regulator
In force since: 23 May 2024
Regulator: Rural Payments Agency

Hedgerow regulation and management (GOV.UK guidance) (opens in a new tab)

Legal basis

Primary legislation and key regulations

Environment Act 1995 Primary 1995 · UK-wide Wildlife and Countryside Act 1981 Primary 1981 · UK-wide The Management of Hedgerows (England) Regulations 2024 SI 2024 · England Hedgerows Regulations 1997 SI 1997 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Hedgerow management rules: cutting and trimming (opens in a new tab)

RPA · England

Ancient woodland, ancient trees and veteran trees - planning advice (opens in a new tab)

Natural England · England

GOV.UK BNG guidance (opens in a new tab)

MHCLG · England

Find local council (opens in a new tab)

GOV.UK

Hedgerow management rules: buffer strips (opens in a new tab)

RPA · England

Remove or manage hedgerows lawfully

Check whether the hedgerow is covered

Send a hedgerow removal notice

Talk to the authority first

Send the notice

Wait for the decision

Remove the hedgerow as you proposed

Appeal a retention notice if you disagree

Before you start work

Cutting and trimming hedgerows on farmland

Legal basis

Official guidance

Related guides in Environment & Sustainability

Apply for a tree felling licence

Work with Tree Preservation Orders

Understand how wildlife law affects your business

Comply with biodiversity net gain for development in England

Understanding nature conservation law on farmland in England