The Environment and Planning Act and the Protection of Trees

Since January 1, 2024, the Dutch Environment and Planning Act (Omgevingswet) has come into force. This law simplifies and consolidates a wide range of rules and regulations concerning spatial planning, the environment, and nature conservation. Its purpose is to promote sustainable and balanced development of the living environment. The law applies to all Dutch residents, organizations, and companies. Within this context, the protection of trees forms a crucial part of the new legal framework.

A holistic approach to the living environment

One of the main objectives of the Environment and Planning Act is to create more room for local autonomy and tailor-made solutions. This also applies to the protection of trees and green areas. Municipalities now have greater responsibility for drafting their own environmental visions and plans, enabling them to take local circumstances and needs into account.

In the past, woodland was often protected by specific regulations such as the Nature Conservation Act (formerly the Forest Act) and municipal tree ordinances. Under the Environment and Planning Act, these rules are integrated into the broader framework of municipal environmental visions and plans. This provides the opportunity to address tree protection as part of a more cohesive and holistic approach to the living environment. Municipalities have until January 1, 2027, to adopt one comprehensive environmental plan for the entire municipality, replacing the often numerous zoning plans. Outside urban areas, national rules apply for felling and replanting woodlands.

Preserving and strengthening greenery in built environments

The Environment and Planning Act has six core instruments for the use and protection of the living environment. These instruments provide governments with tools to develop and implement policy. The environmental vision, as one of the key instruments, contains rules and regulations for the use and design of the physical environment, including the protection of trees.

For example, municipalities can set rules for tree felling, the preservation of existing green structures, and the planting of new trees. Environmental values (omgevingswaarden) are another instrument that allows governments to implement environmental visions or programs. These values consist of concrete targets municipalities can set for the quality of the living environment, including the presence and preservation of trees in urban areas.

Trees represent much more than green decoration in our neighborhoods and streets. Climate adaptation, ecology, and biodiversity are also important aspects that can be addressed under the Act. For instance, if an ecologically valuable area has to make way for spatial development, the Act allows municipalities to compensate for this value elsewhere nearby. Municipalities can also encourage biodiversity by including nectar- and pollen-rich trees such as Tetradium daniellii (bee tree) or Acer rubrum (red maple) in their plans. Citizen initiatives such as creating edible gardens with trees like Carya illinoinensis (pecan) and Malus domestica (apple) can also be facilitated under the Act.

Participation creates support

Another major change introduced by the Act is the emphasis on participation and collaboration. Municipalities are encouraged to actively involve citizens, businesses, and social organizations in drafting their environmental visions and plans. This creates broad support for tree conservation within the local community.

Drafting an integrated environmental vision especially requires an inclusive approach involving various stakeholders such as green managers, urban planners, water management, road managers, and project departments. Together, they determine the future design and development of public space. A key question is how trees, along with other elements of the environment, can contribute to a healthy, resilient, and sustainable living environment.

The Environment and Planning Act therefore provides an opportunity for a renewed and integrated approach to the protection of trees and green areas. Municipalities now have more room to experiment with new instruments and approaches for tree conservation. By promoting local autonomy, participation, and innovation, the Act can contribute to safeguarding an essential part of our living environment: vegetation.

Permits and subsidies

Within the framework of the Environment and Planning Act, municipalities can receive financial support to realize green initiatives that contribute to biodiversity, climate adaptation, and public health. The process begins with drafting a detailed plan describing objectives, locations, and expected ecological and social benefits. Municipalities must take into account the specific conditions and criteria set by funding providers, which may vary depending on the scope and impact of the project. Digital portals and support programs are often available to help municipalities submit their applications.

Municipalities play an essential role in achieving sustainable urban development. By making effective use of these subsidies, they can not only expand their green spaces but also contribute to a healthier living environment and improved quality of life for residents.

For citizens, it is essential to be aware of the specific requirements and criteria, which may differ from one municipality to another. Most municipalities have a digital portal for submitting applications, and some even provide guidance during the application process. It is therefore advisable to consult the official website of your own municipality for specific information and procedures.

Below are some subsidy pages listed for tree planting and creating more greenery:

• • For everyone who wants to get started with the new law, a special platform has been created.

  • Do the permit check directly here.

  • The RVO offers various subsidies and schemes for green and sustainable initiatives.

  • Agroforestry Network Netherlands has listed various subsidies for the investment costs of purchasing and planting trees and possibly other woody crops.

  • Fondswerving Online offers subsidies for green and sustainable projects in the field of architecture and urban planning.