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We've collated your questions and the RPA's responses into a new section: Your questions answered
New hedgerow legislation, (the Management of Hedgerows (England) Regulations 2024), came into force back in May 2024, meaning that continued baseline hedgerow management practices will remain in place.
This follows draft legislation which was published on 16 April 2024 and which passed through the Houses of Parliament in May. The new rules will provide a consistent approach across all people operating on agricultural land.
This includes:
- A 2-metre buffer strip, measured from the centre of a hedgerow, where a green cover must be established and maintained. Also, no cultivation or the application of pesticides or fertilisers should take place within this buffer strip.
- A hedgerow cutting ban from 1 March – 31 August (inclusive).
These practices will be subject to a number of specific exemptions and derogations which are set out in the legislation and rules for farmers. The new legislation broadly mirrors the previous approach under cross compliance, but it is critical to carefully consider the guidance in place.
This new legislation will impact those that have land within scope of this legislation and have not been subject to cross compliance rules in the past.
The RPA will be the regulator and will take an advice-led approach to enforcing this new legislation. The new legislation does introduce a set of civil sanctions (stop / compliance / restoration notices and variable monetary penalty) that can be used by the RPA if the rules are not being followed, however these are said to be used as point of last resort.
This is new legislation is in addition to the pre-existing protection of important hedges covered by the Hedgerow Regulations 1997, which did not cover the management of hedgerows as set out above. There is also the Wildlife and Countryside Act 1981 to consider.
How we got here
In 2023, Defra ran a consultation on what the future of hedgerow management could look like. That consultation closed on 20 September 2023. On 4 March 2024, Defra published its future proposed plans for hedgerow regulation in England, taking on board comments made by the NFU and other organisations, as well as from individual members of the public and farmers.
There were two main options for the legislation. The first being a continuation of the cross compliance rules (specifically the no-cutting period and the 2m buffer strips) while the other was to spend a longer period of time crafting new domestic policies to be followed.
At the time, Defra said it would pursue the first option, incorporating the cross compliance rules into domestic legislation.
Since the consultation ended, BPS finished on 31 December 2023, and as a result so did the previous cross compliance enforcement and sanction mechanism. This meant the requirements for hedgerow management no longer had a legal authority, as they were enforced through the cross compliance mechanisms, specifically GAEC 7A. This changed on 23 May 2024 when new legislation came into force.
When will the new legislation apply from?
The intention was to bring this new legislation into force swiftly due to the gap in legislation since 1 January 2024.
Cutting and trimming rules came into force on 23 May 2024; that means there was a non-cutting or trimming period, unless the exemptions applied from that date, until 31 August (inclusive).
Buffer strip rules also came into force on 23 May 2024 and they applied from the following dates:
- on land used for crop production from the end of the first harvest after 1 July 2024,
- on all other land that these rules apply to (including permanent pasture and temporary pasture), from 1 July 2024.
Finding the rules
The RPA published user guidance which is split between cutting and trimming rules and the buffer strip rules. This guidance can be found using the links below. Please read them carefully and in full:
- GOV.UK | Hedgerow management rules: cutting and trimming.
- GOV.UK| Hedgerow management rules: buffer strips.
In addition to publishing this information, the RPA emailed or wrote to farmers informing them of their obligations under the regulations at the end of May.
Key rules to be aware of
Cutting and trimming rules
You must not cut or trim a hedgerow that is covered by the rules from 1 March – 31 August. You must not cause, or permit, another person to cut or trim such a hedgerow.
A hedgerow is a line of bushes which can include trees. Any trees growing in a hedgerow will be treated as part of the hedgerow. It also includes hedgerows on top of a traditional hedgerow bank.
The cutting and trimming rules apply to a hedgerow if it meets the criteria for both length and location:
Length
The rules apply if a hedgerow is:
- more than 20m long with gaps of 20m or less in its length,
- less than 20m long, but meets another hedgerow at each end.
Any gap of 20 metres or less will be treated as part of the hedgerow.
Location
The rules apply if a hedgerow is growing on, or next to, land used for agriculture, including:
- horticulture
- fruit growing
- seed growing
- dairy farming
- the breeding and keeping of livestock – this includes horses, ponies and any animal kept for its use in farming, or for the production of food, wool or skins.
It includes grazing land, meadow land, osier land, market gardens, nursery grounds and allotments. And woodlands where agricultural activities take place.
Exemptions from the rules
There are a number of exemptions set out in the rules where cutting or trimming is permitted from 1 March – 31 August, these cover:
- public and private rights of way
- hedge-laying and coppicing
- boundaries of a private garden
- risks to plant, human or animal health
- weed or pest infestations
- work required by a statutory body
- exemptions when sowing oilseed rape or temporary grass in August – a notification to the RPA is required – read the rules very carefully.
The rules set out if you need to notify the RPA. In all situations, it is important to keep a record of all works that you carry out under an exemption. If you are visited by the RPA you must be able to prove how and why you relied on the exemption.
It is important to note that the exemptions only apply to the hedgerow management rules on cutting and trimming. When carrying out any actions related to the above exemptions, or any management of hedges, you must follow any other rules or legislation in place, for example, the Wildlife and Countryside Act 1981.
Reporting of breaches / RPA visits and enforcement
The guidance also covers how someone can report a suspected breach of the rules, what to expect on a visit by the RPA and offences and enforcement.
Buffer strip rules
These rules came into force on 23 May 2024, but please note when they applied from as set out above.
You must take all reasonable steps to establish and maintain a green cover on land within 2 metres of the centre of a hedgerow covered by the hedgerow management buffer strip rules.
You must not cultivate or apply fertilisers or pesticides to land within 2 metres of the centre of a hedgerow covered by the hedgerow management buffer strip rules.
The rules apply to any person responsible for the hedgerow. This includes owners and tenants and anyone employed, engaged or otherwise acting on behalf of those responsible.
The rules set out what is a fertiliser and a pesticide.
These rules apply to a hedgerow as set out above in the trimming and cutting section.
Exemptions from the rules
There are a number of exemptions from the rules not to cultivate or apply fertilisers or pesticides set out in the guidance. These include:
- To control the spread of injurious or invasive weeds.
- Establishing new green cover to comply with the rules.
- Risks to plant, human or animal health.
- Weed or pest infestations.
Additionally, the rules set out where the buffer strip rules do not apply.
Exemptions are limited to the hedgerow management rules - these exemptions only apply to the hedgerow management rules on buffer strips. When carrying out any actions related to the above exemptions, you must follow any other rules or legislation in place, for example, the Farming Rules for Water and the Nitrate Vulnerable Zones rules.
Reporting of breaches / RPA visits and enforcement
The guidance also covers how someone can report a suspected breach of the rules, what to expect on a visit by the RPA, and offences and enforcement.
Your questions answered
The NFU has received a number of questions on the new regulations. We've set these out below, together with the response from the RPA.
It is important to note that these questions serve as guidance only. If you have any queries about the impact of these rules on your farm then it is best to ask the RPA directly. No two hedge situations are the same and these responses should not be used to justify any actions undertaken.
Are brambles deemed to be part of a hedge?
RPA response: Climbers such as bramble are recognised as integral to many hedgerows. Bramble alone though would not meet the definition of a hedgerow for the purposes of the hedgerow management rules. However, where they are present within a hedgerow that meets the definition of a hedgerow for the purposes of the rules, they would form part of that hedgerow. Exemptions and derogations from the rules are available and these should be considered if brambles do become problematic.
Can you grub up suckers that have spread into the buffer strip i.e. that spread by roots i.e. plumb, sloe etc?
RPA response: Grubbing up would be deemed as cultivation for the purposes of the hedgerow management rules and therefore not permitted in the 2 metre buffer strip. However, cutting and topping suckers in the buffer strip would be permitted. Exemptions and derogations from the rules are also available and these should be considered if grubbing up suckers is needed.
I am regularly asked by electricity company maintenance team for access to poles, including trimming, cutting , flailing under lines etc. They assure me they do a wildlife/nest survey before proceeding, but never give me a copy of their findings. Should I be asking for some paperwork to cover myself or their work is automatically exempt? Will I be liable if they have breached the rules on my hedges?
RPA response: Cutting or trimming work carried out by any statutory body (for example a utility company) acting under statutory powers, is exempt from the hedgerow management rules.
Is a hedge deemed a hedge if its constructed of just a stock fence, but this fence has been established for a long time and now has trees and bushes growing along its length? This includes brambles.
RPA response: A hedgerow for the purposes of the hedgerow management rules is a line of bushes which can include trees. Any trees growing in a hedgerow will be treated as part of the hedgerow. The feature described here could fall within the scope of the rules. If the farmers or land manger has any doubt, they should approach RPA for clarification.
Do fertilisers near buffer strips include Farmyard Manure spread via a dung spreader?
RPA response: Yes.
Where a hedge and ditch exists, if shrubs establish on the opposite side of the ditch to the original hedge, can they be removed without breaching the rules.
RPA response: If the opposite side falls withing the 2 metre hedgerow management buffer strip, the green cover, cultivation and application of fertilisers or pesticides rules all apply as normal to this land.
Are there any derogation for farms made up of small field sizes, e.g. 5, 6 10 acres?
RPA response: There is an exemption whereby the hedgerow management buffer stirp rules do not apply to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features.
Would a field used for turf production be classed as agricultural land, for the purposes of the Hedgerow Management rules?
RPA response: Turf production is deemed agricultural land for the purposes of the hedgerow management rules.
I have a track that extends to within 2 metres of the centre of the hedgerow, is that a breach?
RPA response: You must take all reasonable steps to establish and maintain a green cover on land within 2 metres of the centre of a hedgerow covered by the hedgerow management buffer strip rules. The key here being reasonable steps. If this is a hardcore track and a permanent feature and is in situ on 1 July 2024, we would not expect it to be moved. Any new such track would not be permitted to be laid within the buffer strip from this date.
You are also reminded that any excess trafficking in the buffer strip that results in the loss of the green cover is not permitted.
Is it possible to plant a new hedge right up against an existing or new track. Planting hedges along open tracks gains the advantage of a hedge without losing productive land. Due to our field sizes we would start to question the planting of a new hedge if we had to lose the full buffer zones between the new hedge and the track. In short, can you plant a hedge closer than 2 metres from the centre line to something that is not considered an eligible buffers strip cover? How does that interplay with the first 5 years of the existence of the new hedgerow.
RPA response: The hedgerow management buffer strip rules do not apply to land either side of a hedgerow which is less than 5 years old. After 5 years, similar rules will apply as set out above. You must take all reasonable steps to establish and maintain a green cover on land within 2 metres of the centre of a hedgerow covered by the hedgerow management buffer strip rules. The key here being reasonable steps. If there is a hardcore track which is a permanent feature and in situ when the hedgerow reaches 5 years old, we would not expect it to be moved. Any new such track would not be permitted to be laid within the buffer strip from this date.
When the hedgerow reaches 5 years old, any excess trafficking that results in the loss of the green cover would not be permitted.
Are there restrictions on the cutting of a buffer strip (accepting that if you cut it too low it could damage or kill off the green cover)?
RPA response: The rules allow cutting or mowing in the buffer strips as long as the green cover is maintained.
Can I have a fence on my 2 metre buffer strip?
RPA response: The rules allow fences in the buffer strip.
Further considerations
It is important to note the following points when it comes to hedgerow management.
The Wildlife and Countryside Act 1981
The cross compliance hedge cutting dates were an interpretation of the Wildlife and Countryside Act. While the 1997 Hedgerow Act regulations cover the protection of important hedgerows, the Wildlife and Countryside Act focuses on offences which relate to nesting birds and other wildlife.
Some species nest within hedgerows, meaning it will be critically important to check all hedges before work is undertaken to ensure no nesting wildlife is present in the hedge. The Act specifically outlines protections for both birds and other forms of wildlife, including small mammals and insects.
This means that a comprehensive assessment of the hedge will be necessary before engaging in any trimming or other work when it is known there is wildlife activity within hedges which could disturb either nesting birds or harm any other protected wildlife within the hedge.
Countryside Stewardship and Environmental Stewardship
For CS (Countryside Stewardship) and ES - HLS (Environmental Stewardship and Higher Level Stewardship) agreement holders with hedgerow and tree options, there are restrictions to the hedge cutting and management dates.
For example, in CS option BE3 hedgerow management, it sets out the cutting windows that should be followed to deliver the aim. The windows reflect the regulation. It is important to check what dates are in your agreement; these must be complied with.
In older agreements these dates must be complied with.
Cut hedgerows in one of the following ways:
- no more than 1 year in 3 between 1 September and 28 February – leave at least two-thirds of hedges untrimmed each year.
- no more than 1 year in 2 between 1 January and 28 February – leave at least one-half of hedges untrimmed each year.
If you have hedges in CS, or ES/HLS hedgerow options, and need to cut them after the end of February, it is recommended to contact the RPA for guidance in the first instance.
The RPA may recommend that you submit an MTA (Minor and Temporary Adjustment) if you cannot get to your hedges to cut them, this is in order to avoid any possible consequences if you cannot meet your scheme requirements
For more information read the Countryside Stewardship and Environmental Stewardship guidance which can be found at: GOV.UK | Countryside Stewardship.
Sustainable Farming Incentive
Similarly, SFI also contains provisions which can impact on the scope of options available when considering hedgerow management.
For example, option HRW2/CHRW2: Managing Hedgerows, supports different approaches to hedge management through cutting on rotation, cutting incrementally higher each year, or leaving uncut for three years in preparation for laying or coppicing. Hedge cutting will need to be compliant with the new hedgerow regulations.
If you have been unable to manage hedgerows in HRW2 due to the wet weather conditions, the wet weather temporary adjustments confirm that the offer allows for hedges to be left uncut.
For more information on the wet weather adjustments, visit: GOV.UK | Wet weather: temporary support for farmers in 2024.
For more information on the SFI guidance, visit: GOV.UK | Sustainable Farming Incentive.