6 hours Ago By Alex Evans
Gardeners are being warned not to break the law around trimming hedges or risk facing jail time and an ‘unlimited fine’. Now the spring weather is finally starting to appear, gardeners are heading back outside and taking on some essential maintenance, including making sure everything looks neat and tidy in the garden. But if you’re thinking about cutting your hedges, you may risk falling foul of an environmental law which covers hedges from March to August.
Farm hedgerows cannot legally be cut between March 1 and August 31 at all, apart from in extreme circumstances, which would require a licence. While it’s technically legal to trim some domestic garden hedges at this time of year, if it causes a bird’s nest to be damaged or destroyed - intentionally or otherwise - then you’re still breaking the law. Gardeners are being warned trimming hedges land you in legal trouble as a result.
According to Gov.UK, farmers are prohibited from cutting hedgerows on agricultural land between March 1 and August 31. It says: "You must not cut or trim a hedgerow that is covered by the rules from 1 March to 31 August.
You must not cause or permit another person to cut or trim such a hedgerow. "The rules apply if a hedgerow is growing on, or next to, land used for agriculture. "The hedgerow management rules aim to protect hedgerows on agricultural land as these are important ecological building blocks across our landscapes.
Hedgerows provide habitat, act as wildlife corridors, slow soil erosion and water run-off. They also support crop pollinators and sequester carbon as well as enriching the landscape." Although domestic gardens are not covered by the agricultural law, there is another law which could land gardeners in hot water legally too - The Wildlife and Countryside Act 1981.
This act makes it illegal to damage or destroy any bird, bird's nest or egg in a domestic garden, including by trimming a hedge. Wood Street Care Leicester says: “You must avoid the bird nesting season, which runs from March to August. However, you can cut your hedges after New Year's Day until the end of February.
" They added: "Cutting your hedge during bird nesting season can damage or destroy nests, which is harmful to the birds. It’s also illegal to trim hedges on your property if they’re taller than 20 metres without permission from the local council.” This is backed by Husqvana which says: “Under Section 1 of the Wildlife and Countryside Act 1981, it’s an offence to intentionally damage or destroy a wild bird’s nest while it is being built or in use.
That includes consciously using a hedge trimmer when there is a bird’s nest in your hedge, and in the process of doing so, causing the nest to be damaged or destroyed.” The Royal Society for the Protection of Birds also backs this up. It says that a person is breaking that law if they intentionally damage a bird’s nest while it’s being used or built, and this applies to trimming hedges, saying: “The moment it becomes active, it is illegal to destroy it.
” Breaking this law could land you an unlimited fine and six months in prison. The RSPB adds: “The consequences for the above, even in the event of harm to a single bird, nest or egg, is an unlimited fine, up to six months in jail or both. Suffice to say, it is certainly not a risk worth taking.
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