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.
1. Brambles
When asked whether brambles are deemed part of a hedge the RPA said: 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.
2. Hedge growing into buffer strip
Farmers wanted to know whether they could grub up suckers that have spread into the buffer strip such as plumb or sloe that spread via their roots.
The RPA said: 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.
3. Cutting or trimming work carried out by statutory body
One member said they are regularly asked by an electricity maintenance team for access to poles, including trimming, cutting, flailing under lines. While the company gives assurance that they perform wildlife/nest surveys before proceeding, the member wanted to know if they should be asking for paperwork on this or if the work is exempt and if the member would be liable if the rules had been breached.
The RPA said: 聽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.
4. Defining a hedge
One member gave an example of whether a hedge is defined as such under the rules if it's 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, including brambles.
The RPA said: 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.
5. Fertiliser use
Under the rules, no cultivation or the application of pesticides or fertilisers should take place within the 2 metre buffer strip.
The RPA confirmed that this includes farmyard manure spread via a dung spreader.
6. Removing shrubs聽
One member asked if, where a hedge or ditch exists, could shrubs be removed without breaching the rules if the shrubs have established on the opposite side of the ditch to the original hedge.
The RPA said: 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.
7. Derogations for small fields
When asked if there are derogations for farms made up of small field sizes eg, 5, 6, or 10 acres, the RPA said: There is an exemption whereby the hedgerow management buffer strip rules do not apply to land forming part of a parcel of two hectares or less, as measured within permanent boundary features.
8. Field used for turf production
The RPA confirmed that turf production is deemed agricultural land for the purposes of the hedgerow management rules.
9. Tracks that extend to within 2 metres of the centre of the hedgerow
When asked whether a track that extends to within 2 metres of the centre of a hedgerow is a breach, the RPA said: 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.
10. Planting a new hedge against an existing or new track
The RPA said: The hedgerow management buffer strip rules do not apply to land either side of a hedgerow which is less than five years old. After five 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.
The following example was given as a question: 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 five years of the existence of the new hedgerow?
11. Restrictions on the cutting of a buffer strip
When asked if there are 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, the RPA said: The rules allow cutting or mowing in the buffer strips as long as the green cover is maintained.
12. Fences
The RPA confirmed that fences are allowed in the buffer strip.
13. Hedge species
The RPA has confirmed that, where elderberry is present in a hedgerow, it would form part of that hedgerow.
14. RPA checks
The RPA confirmed that its field officers are in a position to identify breaches of the hedgerow management rules during any visits they may carry out on farm. 聽Furthermore, data is shared with other agencies in accordance with the RPA鈥檚 hedgerow protection privacy notice. 聽Finally, the RPA team does have access to capital grant or scheme management status of hedgerows to cross check against.
15. Buffer strip damage
The RPA has confirmed that all reasonable steps are taken 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. 聽An operator that causes spray drift that kills off the required green cover on a buffer strip could be guilty of an offence as this would not be deemed to be taking reasonable steps.聽
16. Trees and windbreaks
When considering these features within the rules, the RPA has confirmed that 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. 聽
The rules apply to hedgerows which are growing on, or next to land used for agriculture and are:
- more than 20m long with gaps of 20m or less in its length
- less than 20m long, but meets another hedgerow at each end.聽 聽 聽聽
Where a line of trees does not meet this definition, and it is not being managed as a hedgerow, it will not be covered by the hedgerow management rules.聽
Guidance on the cutting, trimming and buffer strip rules can be found on:
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