Under the Wildlife Act of 1976 hedgerow maintenance cannot be carried out during the closed period from March 1 to August 31.

According to the Department of Agriculture, Food and the Marine hedgerows are regulated under two headings: Basic Payment Scheme (BPS); and Environmental Impact Assessment (EIA) Regulations.

Under BPS, hedgerows – including gappy hedges – trees in a line, and drains/ditches are designated as landscape features under the standards for Good Agricultural and Environmental Condition (GAEC) of Cross Compliance.

These, the department added, are governed by the EU Common Agriculture Policy (CAP) Regulations.

This designation means that all areas under these features are eligible for payment under BPS and other area-based schemes.

A spokesperson added: “It is imperative, therefore, that hedgerows are retained and maintained.”

The department went on to say that hedgerows must not be allowed to become invasive as this would reduce the “utilisable area” of the field and impact negatively on the “eligible area” of the parcel.

“Where hedgerow species such as blackthorn, whitethorn, briars, furze, etc. become invasive and spread out onto the land, these must be controlled through normal hedgerow maintenance,” the spokesperson continued.

“If they are not maintained they will lead – firstly – to a GAEC sanction and then, over time, to a reduction of the eligible area.”

‘Protection under EIA Regulations’

Meanwhile, the department pointed to “field boundaries” such as hedgerows, stone walls and clay banks – all of which are afforded protection under EIA Regulations.

Any proposed land restructuring works may require screening and approval by the department under the EIA Regulations.

A spokesperson continued: “Where hedgerow removal has been deemed to have occurred in breach of EIA screening requirements, land will be subject to inspection by department officials.”

This may also include:

  • Reinstatement and/or mitigation works;
  • Works carried out reported to relevant divisions within the department;
  • Additional information.

Screening is also required where the proposed activity is within / is near / or may affect a proposed Natural Heritage Area (NHA) or nature reserve.

It will also be required in circumstances where:

  • Proposed activity may have a significant effect on the environment;
  • Proposed activity is identified as “requiring consent” or is a “notifiable action” in a European site;
  • Proposed activity may impact on an archaeological monument.