Cutting down trees under high voltage power lines
Breakage of power lines can happen during a thunderstorm or strong wind. To prevent this, it is worth trimming tree crowns in the vicinity of electrical power devices. However, the operator cannot do it on his own, because the procedures set out in the Act of 16 April 2004 on nature protection are in force. How does the cutting down trees under power lines take place and what procedures should be followed when planning work?
Responsibilities of the energy network operator
The obligation to cut branches threatening power lines belongs to the owner of the equipment, even though he does not have a legal title to the property on which the transmission line is located. Article 49 §1 of the Civil Code indicates that devices used to supply electricity do not belong to the components of real estate, if they are part of the enterprise. Therefore, transmission equipment belonging to energy operators is a separate legal entity in relation to the land on which they are located. This applies even when the network is permanently attached to the ground.
Consent of the land owner
The Civil Code does not provide a legal basis to violate property and cut branches without notifying the property owner. For this reason, entering the property requires the consent of the land owner. The basis for this is the fact that the branches are close to the transmission facilities. The energy operator should obtain the consent of the land owner to enter the property, and then he can carry out the planned activities, after obtaining permission to remove trees or shrubs.
Cutting down trees without the consent of the owner
Consent to enter the area is not needed when a transmission easement agreement is concluded between the operator and the property owner. Cutting down trees under power lines is also possible without the consent of the land owner when the branches threaten the devices, and the land owner refuses both access to the power lines and does not take steps to eliminate the risk of damage to the devices. In such a case, the decision on temporary occupation of real estate and execution of works is issued by the poviat staroste or the city president on the basis of the Real Estate Management Act. If it is necessary to remove trees from the property entered in the register of monuments, the permit for cutting is issued by the provincial conservator of monuments.
Permission to cut down trees under high voltage power lines
Removal of trees by the power grid operator
Cutting down trees under power lines is also an issue related to environmental protection. Plants are subject to the Nature Conservation Act, according to which the removal of a tree from the property may take place after obtaining a permit issued at the request of the owner of the equipment. Therefore, if a tree threatens the proper functioning of the power line, the operator can independently apply for a cutting down permit. This procedure is useful when it is not clear who the current owner of the property is or for various reasons it is not possible to contact them.
Application for a permit to cut down trees
The application for a permit to cut down trees must be properly prepared. The template can be downloaded from the Internet or prepared by yourself. It should include the owner's details and the address of the property, as well as the size and species of trees to be removed. It is also important to set the date of cutting and attach the necessary documents. These should include confirmation of ownership of the transmission facilities and consent obtained from the land owner. In the case of cooperatives and housing associations, a statement on providing residents with information about the planned works should also be attached. This is due to the fact that they can submit their comments on cutting within 30 days.
Verification of the application and issuing a decision
After submitting the documents, you should wait for the visit of the official who should come to the indicated plot within 21 days and verify the information provided in the application. The official checks the condition of the trees and the possible presence of birds in the nests or protected species. Based on this data, a protocol is prepared. Then, within 14 days, the local government is obliged to check whether there are any contraindications to cut down the trees. After completing these activities, a decision is issued to permit to cut down of trees and only after receiving it, you can proceed to action.
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Electricity is needed by both private and business customers. Eltel Networks offers comprehensive services related to the design, construction and modernization of power lines. It is worth taking advantage of our offer, because while providing energy services, we also care for sustainable development and protect the health of employees. Compliance with the highest quality standards makes Eltel Networks able to provide trouble-free and fully safe power supply to homes, businesses, schools and other places where it is necessary to use electricity.