The wrong rule applied for years Municipality unlawfully felled protected trees
In Münchenbuchsee BE, the municipal council authorized the felling of protected trees for years - even though it was not responsible for doing so. Only recently did it emerge that the practice was in breach of cantonal law.
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- In Münchenbuchsee BE, the municipal council authorized the felling of protected trees for years.
- According to cantonal law, the regional governor's office should have been responsible for this.
- The municipality has now adapted its practice - but there are no consequences.
In the Bernese municipality of Münchenbuchsee, protected trees were felled for years using a legally questionable practice. As reported by the "Bund" newspaper, the municipal council authorized such felling even though it is not responsible for it under cantonal nature conservation law.
The case came to light after a reader drew the editorial team's attention to the practice.
The discussion was triggered by a summer lime tree on Lindenweg, which was felled in 2022. At the time, the local council had decided that the tree could be removed due to disease and fungal infestation. The decision was based on an expert opinion from a tree care specialist.
However, the municipality based its approval on the municipal building regulations from 1993 - and that is precisely where the problem lies.
The canton would have been responsible
According to the cantonal nature conservation law, the authority for such permits does not lie with the municipality, but with the cantonal governor's office. In addition, such applications must be published publicly.
However, the municipality of Münchenbuchsee had been responsible for this itself for many years. Municipal president Manfred Waibel (SVP) explained to the newspaper that they had not been aware of this problem. The municipality had relied on the building regulations approved by the canton. "We have since changed our practice," says Waibel.
No consequences for the municipality
Although the permits were not formally correct, the case has no regulatory consequences.
According to the municipality, the problem was discussed with the regional governor's office. This took into account the fact that the municipality had carried out the procedures carefully and obtained expert opinions in each case. The authority also assumes that it would have decided the applications in a similar way. The case is therefore considered to be closed from a supervisory perspective.
The municipality of Münchenbuchsee has around 720 protected objects, including more than 170 trees in the highest protection category.
According to the municipality, around 40 protected trees have been felled with permission in the last ten years. The reasons for this were mostly disease, safety risks or construction projects. In such cases, replacement planting must usually take place within two years.
Tree felling often causes disputes
The felling of old trees regularly causes emotional debates in municipalities. Opponents often argue that old trees can be preserved with care and have a significantly higher ecological value than young replacement plants.
At the same time, diseased or damaged trees can pose a safety risk - for example, if they stand next to roads or buildings.
In Münchenbuchsee, the legal issue has now been clarified. In future, the relevant permits will be processed in accordance with cantonal law.
