Clearing without authorisation: when leaving stumps is not enough to avoid conviction

Imagine: you are the owner of a beautiful wooded plot on the heights of Roquebrune-Cap-Martin. One day, you decide to "clean" the land to build a garden shed. You cut down the trees, but to be cautious, you leave the stumps in place. You tell yourself: "This is not clearing, since the stumps are there, the forest will grow back." Serious mistake. The Court of Cassation has just reminded, in a decision of 4 January 2023 (No. 22-80.393), that leaving the stumps does not prevent the characterisation of illegal clearing. This case, which originated from a dispute in Menton, concerns all owners of wooded land, property developers and even nature protection associations. So, what exactly does this decision say? How do you know if your works fall under the law? And above all, how do you avoid a conviction that can go up to several tens of thousands of euros in fines? I will explain everything to you.

The facts: a story like many that happen every day

The case begins in the hinterland of Menton. An environmental protection association notes, in August 2014, that trees have been felled on several plots located in the municipality of Roquebrune-Cap-Martin. The owners, individuals, had undertaken clearing and felling works without having sought any administrative authorisation. Yet, the Forestry Code is clear: any clearing of wooded land requires prior authorisation, subject to criminal penalties (Articles L. 341-1, L. 341-3 and L. 363-1).

The association files a complaint. The public prosecutor's office opens an investigation. But the experts note that, on certain plots, the stumps of the cut trees remained in the ground. The investigating judges then consider that the "wooded state" was not completely destroyed, because the stumps could allow regrowth. They order a dismissal of the case. The association appeals, but the Court of Appeal confirms the dismissal by a judgment of 19 January 2022. The association appeals to the Court of Cassation.

Before the Court of Cassation, the debate is settled: the lower courts (those that judge the facts) did not sufficiently justify their decision. Indeed, they merely noted the presence of stumps without checking whether, concretely, the plot concerned (AH 3) had not lost its wooded character. However, for there to be clearing, it is sufficient that the voluntary operation puts an end to the forest destination of the land. It does not matter that the stumps remain: if the plot is no longer wooded, the offence is constituted. The Court of Cassation therefore quashes the judgment and refers the case to another Court of Appeal.

The reasoning of the court — broken down

The decision is based on the interpretation of Articles L. 341-1, L. 341-3 and L. 363-1 of the Forestry Code. Article L. 341-1 sets out the principle: any clearing is subject to authorisation, subject to limited exceptions. Article L. 341-3 sets out the criminal penalties (fine of up to €150,000 and obligation to reconstitute the woods). Article L. 363-1 defines clearing as "any voluntary operation having the effect of destroying the wooded state of a plot of land and putting an end to its forest destination".

Until now, some judges considered that the presence of stumps prevented the characterisation of the destruction of the wooded state. But the Court of Cassation corrects this too literal reading. It recalls that the wooded state is assessed in concreto (i.e., on a case-by-case basis): what matters is the reality of the wooded cover at the time of the facts. If a plot has been stripped of its trees, even if the stumps remain, it is no longer wooded. The judges must check whether, on each plot, the operation has indeed put an end to the forest destination. In other words, a plot with stumps may well be considered cleared if no trees remain.

This reasoning is important because it standardises the interpretation of the text across the whole territory. Courts of Appeal will no longer be able to rely on a simple visual observation of stumps to dismiss the offence. They will have to examine the situation more thoroughly, which strengthens the protection of wooded areas.

In short, this decision confirms that the Forestry Code must be strictly applied. Owners who thought they could circumvent the law by leaving stumps are gravely mistaken. The Court of Cassation sends a clear signal: woodland is a collective asset that must be protected, and authorisations are not a mere formality.

What this changes for you — concretely

If you own wooded land in Menton, Nice or elsewhere in the Alpes-Maritimes, this decision has direct consequences. You can no longer consider that leaving stumps protects you from prosecution for illegal clearing. Any felling of trees over a significant area (more than 0.5 hectares, or even less depending on the case) may be reclassified as unauthorised clearing.

For property developers, this is a warning: before undertaking earthworks or clearing, it is essential to check the status of the land. A clearing authorisation application must be submitted to the DDTM (Departmental Directorate of Territories and the Sea). The processing time is generally 4 to 6 months. Without this, you risk a fine of up to €150,000, not to mention the obligation to replant.

For environmental protection associations, this decision is a victory. It gives them a stronger legal tool to challenge abusive clearing. They can now rely on this case law to require judges to check the actual state of the plots.

For individuals, here is a concrete example: you buy a house with a wooded garden in Roquebrune-Cap-Martin. You want to extend your terrace and cut down a dozen trees. If the cleared area exceeds 0.5 hectares (or if the land is subject to a restrictive local urban plan), you must obtain authorisation. Without it, you can be criminally prosecuted. Even if you leave the stumps, you are in breach.

However, note that this decision only concerns "pure" clearing. Light clearing operations, intended to prevent fires, remain authorised without authorisation. But the line is sometimes thin. If you have any doubt, it is better to consult a lawyer specialising in forestry law.

Four tips to avoid this type of dispute

• Check the status of your land before any felling: consult the local urban plan (PLU) of your municipality and the land registry. If your plot is classified as a wooded area or subject to the forestry regime, a clearing authorisation is probably necessary.
• Do not rely on the presence of stumps: as the Court of Cassation reminds us, stumps are not proof of the maintenance of the wooded state. If the trees are cut down, the land is considered cleared. Before acting, seek advice from the DDTM or a forestry expert.
• Anticipate deadlines: obtaining a clearing authorisation can take several months. If you have a construction project, incorporate this step into your schedule. Plan for at least 4 to 6 months.
• Document your operations: if you carry out lawful clearing (e.g., to create a safety zone around your house), take before and after photos and keep supporting documents. In the event of an inspection, you will be able to prove that it was not clearing.

Further reading: related case law and developments

This decision is part of a line of case law protecting wooded areas. Already in 2018, the Court of Cassation ruled (Crim., 12 June 2018, No. 17-82.569) that clearing was characterised even if the trees were not high forest, as soon as the land lost its forest destination. More recently, in 2021, the same Court recalled that the clearing authorisation is personal and is not transferred in the event of sale of the land (Crim., 9 March 2021, No. 20-82.123).

The trend is therefore clear: judges are increasingly strict on compliance with the Forestry Code. Attacks on woodlands are severely sanctioned, and owners can no longer rely on technical arguments to escape liability. In the future, we can expect courts to require more thorough impact studies before any property project in a wooded area.

In practice: what to do

FAQ: 5 essential questions

• Q: Can I cut down a tree in my garden without authorisation?
  A: Yes, if your land is not subject to the forestry regime and the felling is not clearing. But if you cut down several trees over a large area, check.
• Q: What should I do if I have already cleared without authorisation?
  A: Contact a lawyer immediately. You can regularise your situation by filing a retrospective authorisation application, but you risk a fine. Better to act quickly to limit penalties.
• Q: What is the maximum fine for illegal clearing?
  A: Up to €150,000, and the judge may order restoration of the site (replanting).
• Q: Does this decision apply to agricultural land?
  A: No, the Forestry Code only concerns wooded land. But if agricultural land has been abandoned and become wooded, it may be reclassified.
• Q: Can I contest a fine if I left the stumps?
  A: No, as this decision shows, stumps are not a valid defence. You must prove that the land was not wooded before the works.

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