The Management of Hedgerows (England) Regulations 2024 protect hedgerows on land used for agriculture in England.

These protections reflect those previously in place under the EU Common Agricultural Policy.

The Management of Hedgerows (England) Regulations 2024 protect hedgerows on agricultural land in England in line with prior rules that applied through the EU Common Agricultural Policy.

This legislation came into force on 23 May 2024.

What has changed?

Scope

The regulations apply to ‘important hedgerows’ on land used for agriculture. These are hedgerows that either:

• Have a continuous length of 20 metres or more; or
• Have a continuous length less than 20 metres but meet another hedgerow at each end.

Rules apply on gaps that shall be counted as part of the hedgerow, including those arising from breaches of the Hedgerows Regulations 1997.

‘Important hedgerows’ exclude hedgerows within the curtilage of dwellinghouses or where these mark the curtilage boundary.

Agricultural land subject to regulations includes land used for horticulture, fruit and seed growing, dairy farming, breeding and keeping livestock, grazing land, meadow land, market gardens, nursery grounds and woodlands with ancillary uses to other agricultural purposes.

Maintenance of important hedgerows

Owners of important hedgerows must maintain them and take all reasonable steps to establish and maintain green cover within two metres of the centre of the hedgerows.

Cutting and trimming is prohibited in most circumstances between 1 March and 31 August each year. Authorised cutting and trimming operations in this period are listed in Regulation 6.

Pesticides or herbicides may not be applied within two metres of the centre of these hedgerows in most cases. Pesticides may be applied by spot application to prevent the spread of certain weeds listed in Regulation 5(3), including creeping or field thistle, broad-leaved and curled dock, rhododendron, Japanese knotweed, giant hogweed or Himalayan balsam.

Offences and enforcement

It is an offence to fail to comply with maintenance requirements or cutting and trimming restrictions. It is also an offence to cause or permit another person to breach cutting and trimming restrictions.

Civil sanctions powers apply to breaches. Breaches may be enforced through variable monetary penalties, compliance notices or restoration notices.

Powers of entry, examination and inspection are provided to regulators and persons authorised by the regulator.

GUIDANCE

• GOV.UK - Countryside hedgerow protection: removing hedgerows

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