The terms and conditions of the Basic Income Support for Sustainability (BISS) clearly outline the rules and regulations pertaining to the protection and removal of designated landscape features.
The list of features categorised as a designated landscape feature include hedgerows, incorporating trees in a line, drains and ponds (to a maximum of 0.2ha).
Hedgerows, trees in a line and drains/ditches have been designated as landscape features since 2009 under the Good Agricultural and Environmental Condition (GAEC).
Designated habitats, including former REPS 4A habitats and National Monuments, are also categorised as designated landscape features and are all eligible for inclusion as part of the eligible hectare and as such are eligible for payments under BISS and other area-related payments.
The terms and conditions (Ts and Cs) of the BISS in recent years outline revised rules and regulations for the protection and maintenance of landscape features.
They state that designated landscape features cannot be removed apart from in limited exceptional circumstances.
Exceptional circumstances
The exceptional circumstances for hedgerows, lines of trees, open drains and ditches are outlined in Table 1.
The Ts and Cs highlight that the exemption is limited to the minimum length necessary and state: “Removal of landscape features is not allowed apart from in defined exceptional circumstances outlined in the table (Table 1).”
In such exceptional circumstances, the length of landscape feature removed “must be replaced in advance by twice the length in a like-for-like fashion, otherwise sanctions will apply”.
The exact excerpt from the terms and conditions states: “Where, in exceptional cases/circumstances, it is necessary to remove a hedgerow, the applicant must plant in advance of the removal of the old hedgerow a new hedgerow of equivalent length and where this removal occurs from 1 January 2023 be of twice the proposed removal length and must be as close as possible, within the farm/holding as declared on the applicant’s BISS application, of the removed feature.”
Overgrown hedgerows
The Ts and Cs also outline management criteria for overgrown hedgerows. It states that where hedgerows have not been properly maintained and where the average width of the hedgerow plus scrub exceeds 7m or individual bulges exceed 12m, then such areas must be redlined as scrub and deductions may apply to the eligible hectare figure.
If an applicant decides to remove the encroaching scrub then they can do so but only back to the original hedgerow/drain as the original landscape feature must be retained.
Such works can only take place within the permitted time frame as outlined below.
Welcome restrictions
Alan Moore, Hedgerows Ireland, welcomes the stricter restrictions regarding the removal of landscape features.
He said: “We think they make sense and reflect the growing recognition that our hedgerow corridors are a vital resource with significant economic, climate and biodiversity values.
“They also underscore the relatively greater contributions of old existing hedgerows when compared with newly planted ones which will take many years, even generations, to catch up and provide the same benefits.”
Farmer responsibility
Farmers availing of a Nitrates Derogation have to follow rules regarding hedgerow cutting as part of the All Ireland Pollinator plan.
There are three options available:
Leave a whitethorn or blackthorn plant grow and mature every 300m in a hedgerow. This plant should not be cut and the flowers and fruit it grows will provide food, shelter and a habitat for birds and bees. Cut hedges on a three-year cycle, meaning farmers can cut one side of a hedge one year, the top of a hedge another year and the other side another year. Cut hedges in rotation rather than all at once, which means there are always some hedgerows capable of flowering on the farm. Hedgerows alongside roads can be cut annually if it is deemed necessary for safety with the advice, where applicable, not to cut the inner part of the hedge on an annual basis. It is also important to note that under the Roads Act 1993, the owner or occupier of lands is required to take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on land is not a hazard or potential hazard to people using a public road and that it does not obstruct or interfere with the safe use or maintenance of a public road.
The National Parks and Wildlife Service has recommend that such ‘reasonable steps’ are taken between 1 September and 28 February, where possible.
Hedgerows for normal maintenance cannot be cut, grubbed etc from 1 March to 30 August annually.
It is no longer permitted to burn green waste, with the derogation on burning finishing at the end of 2023.
Options for dealing with green waste can be viewed at www.farmersjournal.ie.
Designated landscape features cannot be removed apart from limited exceptional circumstances.Where there is cause to remove then the landscape feature removed “must be replaced in advance by twice the length in a like-for-like fashion”.Sanctions will apply where rules regarding landscape features are not adhered to.
The terms and conditions of the Basic Income Support for Sustainability (BISS) clearly outline the rules and regulations pertaining to the protection and removal of designated landscape features.
The list of features categorised as a designated landscape feature include hedgerows, incorporating trees in a line, drains and ponds (to a maximum of 0.2ha).
Hedgerows, trees in a line and drains/ditches have been designated as landscape features since 2009 under the Good Agricultural and Environmental Condition (GAEC).
Designated habitats, including former REPS 4A habitats and National Monuments, are also categorised as designated landscape features and are all eligible for inclusion as part of the eligible hectare and as such are eligible for payments under BISS and other area-related payments.
The terms and conditions (Ts and Cs) of the BISS in recent years outline revised rules and regulations for the protection and maintenance of landscape features.
They state that designated landscape features cannot be removed apart from in limited exceptional circumstances.
Exceptional circumstances
The exceptional circumstances for hedgerows, lines of trees, open drains and ditches are outlined in Table 1.
The Ts and Cs highlight that the exemption is limited to the minimum length necessary and state: “Removal of landscape features is not allowed apart from in defined exceptional circumstances outlined in the table (Table 1).”
In such exceptional circumstances, the length of landscape feature removed “must be replaced in advance by twice the length in a like-for-like fashion, otherwise sanctions will apply”.
The exact excerpt from the terms and conditions states: “Where, in exceptional cases/circumstances, it is necessary to remove a hedgerow, the applicant must plant in advance of the removal of the old hedgerow a new hedgerow of equivalent length and where this removal occurs from 1 January 2023 be of twice the proposed removal length and must be as close as possible, within the farm/holding as declared on the applicant’s BISS application, of the removed feature.”
Overgrown hedgerows
The Ts and Cs also outline management criteria for overgrown hedgerows. It states that where hedgerows have not been properly maintained and where the average width of the hedgerow plus scrub exceeds 7m or individual bulges exceed 12m, then such areas must be redlined as scrub and deductions may apply to the eligible hectare figure.
If an applicant decides to remove the encroaching scrub then they can do so but only back to the original hedgerow/drain as the original landscape feature must be retained.
Such works can only take place within the permitted time frame as outlined below.
Welcome restrictions
Alan Moore, Hedgerows Ireland, welcomes the stricter restrictions regarding the removal of landscape features.
He said: “We think they make sense and reflect the growing recognition that our hedgerow corridors are a vital resource with significant economic, climate and biodiversity values.
“They also underscore the relatively greater contributions of old existing hedgerows when compared with newly planted ones which will take many years, even generations, to catch up and provide the same benefits.”
Farmer responsibility
Farmers availing of a Nitrates Derogation have to follow rules regarding hedgerow cutting as part of the All Ireland Pollinator plan.
There are three options available:
Leave a whitethorn or blackthorn plant grow and mature every 300m in a hedgerow. This plant should not be cut and the flowers and fruit it grows will provide food, shelter and a habitat for birds and bees. Cut hedges on a three-year cycle, meaning farmers can cut one side of a hedge one year, the top of a hedge another year and the other side another year. Cut hedges in rotation rather than all at once, which means there are always some hedgerows capable of flowering on the farm. Hedgerows alongside roads can be cut annually if it is deemed necessary for safety with the advice, where applicable, not to cut the inner part of the hedge on an annual basis. It is also important to note that under the Roads Act 1993, the owner or occupier of lands is required to take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on land is not a hazard or potential hazard to people using a public road and that it does not obstruct or interfere with the safe use or maintenance of a public road.
The National Parks and Wildlife Service has recommend that such ‘reasonable steps’ are taken between 1 September and 28 February, where possible.
Hedgerows for normal maintenance cannot be cut, grubbed etc from 1 March to 30 August annually.
It is no longer permitted to burn green waste, with the derogation on burning finishing at the end of 2023.
Options for dealing with green waste can be viewed at www.farmersjournal.ie.
Designated landscape features cannot be removed apart from limited exceptional circumstances.Where there is cause to remove then the landscape feature removed “must be replaced in advance by twice the length in a like-for-like fashion”.Sanctions will apply where rules regarding landscape features are not adhered to. 
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