Regulations and Legal Framework of Hedges
From Triple Performance
The hedge, a structuring element of the agricultural landscape and a major lever for biodiversity, is governed by dense regulations. Whether for planting, maintaining, or uprooting it, the rules vary depending on the context (neighboring properties, infrastructure, biodiversity, CAP). Knowing them better allows acting in compliance while enhancing the ecological and agronomic functions of these wooded lines.
Political framework and recent incentives
Since 2023, several public initiatives have been launched to support hedges: the Pact in favor of the hedge (September 2023) plans a net gain of 50,000 km by 2030 and benefits from a budget of €110M in 2024.[1] The CAP hedge bonus, included in the eco-scheme, has been increased from €7/ha to €20/ha starting from the 2025 campaign, under conditions of holding at least 6% of hedges labeled “Label Haie”. Finally, the 2025 agricultural orientation law now includes the hedge as a regulated element, regulating its destruction and encouraging sustainable management.[2]
Regulation on hedge planting
Planting a hedge requires particular attention and compliance with several regulations. Generally, hedges located along parcel boundaries must not overhang the neighboring property and must respect specific setback distances from the boundary line:
• A setback of 50 cm is required for hedges whose height is less than 2 meters.
• A setback of 2 meters is necessary for hedges whose height exceeds 2 meters. These distances are measured from the median axis of the trunk and the height from the ground to the tree top. These rules benefit from a thirty-year prescription, after which the neighboring owner can no longer demand their application, except by mutual agreement or proof of "family destination". Hedges placed on the boundary line are considered shared, unless proven otherwise.
Specific rules also apply to hedges located along linear transport and energy infrastructures:
• Private roads: No specific rules.
• Rural paths: The hedge must not be planted beyond the path's right-of-way nor overhang it. Municipal decrees may set specific rules.
• Roadways (municipal, departmental, and national): Unless authorized, plantings over 2 meters in height must respect a 2-meter setback from the public domain, and those under 2 meters a 50 cm setback.
• Railways: A minimum setback of 2 meters must be respected.
• Public watercourses : Maintain a setback of 3.25 meters (footpath easement) and, if applicable, an additional 9.75 meters (towing path easement). These distances may be reduced by the managing authority.
• Non-public watercourses : No specific rules, provided they do not hinder flow or neighboring properties. Specific rules may be established by SAGE and PPRI.
• Electricity transmission networks: No specific rules as long as plantings do not encroach on the public domain where the network is installed.
• Telephone lines: No restriction for aerial lines, but a 50 cm setback from underground lines. Specific measures may exist via agreement or prefectural decree.
Finally, specific rules may be prescribed under the Urban Planning Code (PLU, subdivision regulations, flood risk prevention plans). To properly define a planting project, the best practice is to consult the town hall to learn about any specific applicable rules. It is also advisable to choose species of local origin, the "Végétal local" label guaranteeing that the plants are of wild and local origin.
Regulation on hedge uprooting
Anyone wishing to uproot a hedge, whether a legal entity or individual, must first ensure compliance with current regulations.
Common law and CAP provisions strictly regulate uprooting:
• Property rights: A tenant must obtain prior consent from the owner. Specific clauses may be included in a rural lease or a real environmental obligation (ORE).
• Public health and safety: Uprooting may be regulated if the hedge is located within a protection perimeter of a drinking water catchment or a flood risk prevention plan (PPRI).
• Landscape and heritage : If the hedge is located within a landscape protection perimeter (classified site, registered site, remarkable heritage site, or historic monument), uprooting may be subject to prescriptions from the town hall and/or the Architect of the Buildings of France (ABF).
• Urban planning and land use : Urban planning documents (notably PLU) may protect certain hedges (elements protected for landscape, ecological continuity, and classified wooded areas – EBC). Municipalities without urban planning documents may preserve hedges via municipal resolution. For tree-lined avenues and alignments of trees bordering communication routes, article L.350-3 of the Environmental Code prohibits damage except for health, safety, or landscape reasons.
• Water law : Hedges located along watercourses (riparian forests) are essential. Their destruction, modifying the watercourse profile, is subject to declaration or authorization depending on the length and may have significant impacts on aquatic life.
• Protected biodiversity areas : Nature reserves (national or regional), hunting and wildlife reserves, and prefectural protection orders (biotope, natural habitat, geotope) may prohibit hedge uprooting.
• Protected species : Destruction of habitats of protected species (mammals, birds, amphibians, reptiles, insects, flora) is prohibited, although exemptions may be granted under certain conditions.
Principle of the ERC sequence (Avoid, Reduce, Compensate)
The 2016 Biodiversity Law reinforces the principle of the ERC sequence (Avoid, Reduce, Compensate) as the general framework for impacts on biodiversity. This means first avoiding negative impacts on biodiversity, then, if not possible, reducing them, and finally, as a last resort, compensating for impacts that could neither be avoided nor reduced. The goal is to achieve no net loss, or even a gain, in biodiversity. Hedges defined as compensatory measures must be maintained throughout the duration of the impacts.
Specific prohibitions and authorizations under CAP for farmers
Specifically for farmers, hedge uprooting is prohibited. However, authorizations may be granted by the DDT (Departmental Directorate of Territories) services in the following cases:
• Destruction without replanting, for specific reasons:
◦ Creation of a new access road (max 10m wide) necessary for access and exploitation of the parcel.
◦ Creation or enlargement of a farm building justified by a building permit.
◦ Sanitary management of the hedge decided by the Prefect.
◦ Forest fire defense decided by the Prefect.
◦ Rehabilitation of a ditch to restore hydraulic circulation.
◦ Public utility works declared.
◦ Land consolidation operation linked to declared public utility works, with public consultation.
• Relocation of an identical linear section either in the same place or in an environmentally more favorable location.
Regulation on hedge maintenance
Hedge maintenance is subject to precise rules, varying according to their status and location.
General maintenance obligations
• Shared hedges : They are considered to belong to both owners. Their maintenance is therefore the responsibility of both parties, unless one renounces their shared ownership. Shared trees, if they die, are cut or uprooted, shared equally, and the fruits are collected and shared at common expense.
• Non-shared hedges : The neighboring owner may act directly on roots, brambles or twigs encroaching on their property, but has no right to cut the neighbor's branches, trees, or shrubs. However, they may compel the hedge owner to maintain them.
• Hedges along linear transport and energy infrastructures :
◦ Private roads : Owners must contribute to maintenance and viability.
◦ Roadways and railways : In case of lack of maintenance, the manager may have the work carried out at the owners' expense.
◦ Non-public watercourses : Maintenance obligation to maintain the equilibrium profile and natural water flow.
◦ Electricity transmission networks : No specific rules, provided plantings do not encroach on the public domain where the network is installed.
Periods for carrying out maintenance work It is crucial to respect specific intervention periods for hedge maintenance, to reconcile regulatory requirements and biodiversity preservation:
Period
|
Type of Prohibition/Recommendation
|
Objective / Context
|
April 1 - July 31
|
CAP pruning ban
|
Specifically concerns farmers.
|
March 15 - August 15
|
Period discouraged for biodiversity
|
Prohibits harming individuals of protected animal species, notably during breeding (birds and many other groups). High sensitivity of flowers and insects.
|
January - mid-March
|
Recommended/advised period
|
Allows consideration of hedge fruiting and availability of food resources for wildlife. Low risk of weakening woody plants.
|
November - February
|
Recommended period for silvopastoral systems
|
To preserve wildlife and reduce health risks.
|
October - February
|
Possible period for biodiversity
|
Less biological sensitivity, but risks of weakening woody plants may exist in October.
|
August - September
|
Possible period (orange)
|
High risk of weakening woody plants if pruning is done in September. For birds and flowers/insects, sensitivity decreases compared to summer.
|
In summary, the period from November to the end of March is generally the most favorable for hedge maintenance, as it is outside nesting and intense flowering periods and minimizes risks of weakening plants. Work should be avoided between April 1 and July 31 for farmers subject to CAP, and ideally between March 15 and August 15 to respect biodiversity.
It is also advised not to maintain all hedges at the same height and in the same years, as different bird and insect species prefer varied hedge types (low, tall, dense). Inappropriate or too frequent mechanical pruning can weaken woody plants. For sustainable maintenance, avoid cutting large-diameter branches and favor regular interventions on thinner branches. It is essential to maintain a minimum hedge width of 1.5 meters, as well as a herbaceous strip at least 1 meter wide serving as a refuge for auxiliary fauna. For riparian forests, the most favorable intervention period is autumn-winter (discouraged from March to September).
Sources
- Departmental Directorate of Territories. Hedges, issues and regulation. May 2022.
- Ministerial decree of April 24, 2015 relating to good agricultural and environmental conditions (GAEC)
- ↑ Pact in favor of the hedge, 2023, Ministry of Agriculture and Food Sovereignty.
- ↑ They earn income from their hedges, 2025, La France Agricole
