Managing hedgerows on your land: answering your frequently asked questions

New laws were introduced last year to control the management of hedgerows on agricultural land. These regulations created further queries for farmers and land managers, so, a year into the new rules for hedgerows, we answer some of the frequently asked questions that CLA members have had.

The Management of Hedgerows Regulations cover a period where hedges cannot be cut, and the requirement to establish and maintain a buffer strip. The rules apply to all hedges on agricultural land, not just farms which receive government funding.

The regulations introduced are not the only ones covering hedgerows on agricultural land; the pre-existing Hedgerow Regulations 1997 set out rules around the removal of important hedges.

The Rural Payments Agency (RPA) has mentioned that lots of people have been confused whether or not they apply, and some websites have misreported what is in the scope. These rules apply only to hedges on agricultural land, so garden hedges are not in applicable. If the hedgerow is within the curtilage of a home, or marks the boundary of a home, it is exempt from the no-cutting period. The definition of agricultural land can be found here, but it is important to note that agricultural land is bound by the rules regardless of whether you receive or have received government funding. 

This is one of the changes from the old cross-compliance system which has been catching people out. In August, you can cut the in-field side of the hedge to sow oilseed rape or temporary grass. You do not need written permission from the RPA, but you do need acknowledgement that they have received your notification. If you email them, the automated response is sufficient. The email address to use is ruralpayments@defra.gov.uk. Some farmers have been waiting for a response, which is not needed.

Yes, there are exemptions to the no cutting period for hedges which are causing a danger to users of a public right of way, or otherwise causing a risk to health and safety. If this is your reason for cutting the hedge within the no-cutting period, you do not need to notify the RPA, but you must keep records of what you did, and why you did it.

There are exemptions to the rules for the control of certain “injurious” weeds and pests, like ragwort and Japanese knotweed; you can find the full list here. You do not need to notify the RPA, but you do need to keep records of what you did, where you did it, and why. If you are inspected by the RPA, it’s important you have this evidence to show them and photos evidence may be helpful.

The RPA is committed to taking an advice-led approach, and will talk to you about best practice and next steps. It’s worth knowing that the RPA does have powers of enforcement, meaning that they can use stop notices (which legally require you to stop the harmful action), compliance notices (which require you to take actions to prevent further damage), restoration notices (which require you to take steps to undo the damage done), and fines.

For more information on the rules and how to remain compliant, our guidance note is a one-stop shop for a summary of the different rules and exemptions, which can be used alongside the RPA guidance. If you are a CLA member, our regional advisers can also assist you and provide one-to-one advice where possible.