The regulations to strengthen the protection of hedgerows came into force on 23 May 2024. The rules now protect all hedgerows on or next to agricultural land in England.
In this blog we reflect on how we’ve supported people to follow the rules this year. We recap on the guidance, videos and podcast we’ve created to help customers, and we pick out some of the frequently asked questions to try and answer your queries.
Firstly, here’s a reminder of the rules.
- To protect active bird nests during this time, there is a hedgerow cutting and trimming ban from 1 March to 31 August (inclusive)
- To prevent harm to the structure and health of the hedgerow, the regulations require a 2-metre buffer strip, measured from the centre of a hedgerow, where a green cover must be established and maintained
- No cultivation or use of pesticides or fertiliser on land within 2 metres of the centre of a hedgerow
What have we done since the rules came into force?
- We introduced a regulatory framework which is a set of guidelines to make sure we have a consistent approach for the protection of hedgerows on agricultural land across the country.
- We produced a statutory guidance document - Regulatory approach and use of civil sanctions for the Management of Hedgerows (England) Regulations 2024 - GOV.UK which sets out RPA’s regulatory approach. We believe that prevention is better than cure. We’ve established a regulatory oversight panel to make sure we use the sanctions consistently.
- We’ve published guidance on the Hedgerow management rules: cutting and trimming and and Hedgerow management rules: buffer strips and produced a video and a Podcast to help explain the rules.
- We’ve set up a dedicated team to deal with all the questions and queries we receive. They will also look into cases where we’ve been told about a possible breach of the rules. If we think the information and evidence warrants further checks, we will arrange a site visit.
- Our field officers have received training to enable them to carry out visits in line with our statutory guidance and RPA Regulators' Code and also the Better Regulation Framework guidance. They’ve carried out a series of visits where they’ve worked with and supported people to do the right thing by using an outcome focused regulatory approach. They've provided advice and guidance to help prevent harm to the environment.
Frequently Asked Questions
These are some of the frequently asked questions we’ve responded to this year.
Are domestic hedgerows covered by the rules?
We’ve received a number of reports of cutting and trimming of domestic hedgerows. The cutting and trimming rules do not apply to hedgerows within the area of land around a domestic dwelling or to hedgerows that mark the boundary of the dwelling.
The rules only cover hedgerows on, or next to, agricultural land. This could include hedgerows which are on agricultural land but form the boundary between other areas such as golf courses and village halls. The cutting and trimming rules also apply to hedgerows bordering allotments.
Who do the rules apply to?
Farmers, landowners and contractors are the largest groups affected by these regulations. However, it is important to note that the rules could apply to any person responsible for the hedgerow. This includes owners and tenants, and anyone employed by or acting on behalf of those responsible.
The cutting and trimming rules apply to the person who actually carries out the cutting and trimming. This means they apply to contractors who carry out such cutting and trimming. They can also apply to any person who causes or permits another person to cut or trim.
Reporting possible breach of the rules
Anyone can report a possible breach of the hedgerow management rules to RPA. Details of how to do this can be found on the Hedgerow management rules: cutting and trimming and Hedgerow management rules: buffer strips GOV.UK guidance pages. It is important to be aware that there are some exemptions to these rules which allow for cutting and trimming during the non-cutting period. These are set out on the Hedgerow management rules: cutting and trimming guidance. Please read these carefully before reporting a possible breach of the rules. For example, there is a public and private rights of way exemption that allows hedgerows to be cut or trimmed for road safety purposes.
Removal of hedgerows dealt with by Local Authorities
We've also received a number of reports about the removal of hedgerows. The hedgerow management rules only cover cutting and trimming and buffer strips. They do not cover the removal of hedgerows which remains the responsibility of Local Authorities. For more information read the Countryside hedgerow protection: removing hedgerows - GOV.UK guidance.
Derogations and agri-environment schemes (for example Sustainable Farming Incentive and Countryside Stewardship)
You can apply to RPA for written permission (a derogation) to be exempt from the rules for any of the following reasons:
- it would enhance the environment
- it is necessary in relation to livestock or crop production
- it would improve public or agricultural access
Before applying for any derogation, consider the impact it may have on any agri-environment agreements you have. For example, if have you chosen the ‘Manage hedgerows’ action CHRW2 under the Sustainable Farming Incentive (SFI) scheme. This action permits hedgerow cutting or trimming in autumn and winter only. Would a derogation from the hedgerow management cutting and trimming rules impact on your ability to meet your obligations under this chosen action? If so, please contact RPA to discuss your options before you request a derogation.
Notifications for oilseed rape and temporary grass
Under Cross compliance which ended on 31 December 2023, farmers and land managers had to request a derogation to cut or trim their hedgerows in August to plant oilseed rape or temporary grass during that same August. They then had to wait for RPA’s written permission to do so.
We have introduced a simple notification process for the hedgerow management rules. You do not need to wait for written permission before carrying out cutting or trimming before sowing oilseed rape or temporary grass. As long as you meet the rules, you only need to make sure your notification is received by the RPA. Make sure you receive an acknowledgement of your notification from RPA before carrying out any work. For email notifications this will be the automated RPA acknowledgement.
You can find details of the notification process in the Hedgerow management rules: cutting and trimming and Hedgerow management rules: buffer strips guidance pages on GOV.UK. When you email your notification, please use the subject header 'Hedgerow management cutting and trimming rules notification’.
Where can I find more information on the hedgerow management rules?
You can find more information about the rules, when exemptions apply and what you need to do on GOV.UK.
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