In the Know: Hedgerow management rules – an update

Hedgerows play an important role in the countryside.

Traditionally they were used to mark boundaries and contain livestock, but now their wider role is much more recognised. They reduce flooding. They control soil erosion and protecting fields from wind. They act as a barrier to fertilisers and pesticides entering water. And, of course, they are important for wildlife. They are a home and food source for species that benefit crops, pollinators and birds.

The way hedges are managed affects the benefits they provide. Generally, the taller and wider and more connected to other habitats the better.

Well-managed hedges can be buzzing with wildlife and are a joy to see.

New guidance on Management of Hedgerow Regulations

Hedges have been protected for many years, but Defra has just issued new guidance on how the hedgerow management regulations will be enforced in England.

The regulations themselves came into force on 23 May 2024 and were designed to make sure that protective measures for hedges that had previously been part of cross-compliance rules were enshrined in domestic law.

The headline requirement is that farmers must not cut or trim a hedgerow that is covered by the rules from 1 March to 31 August, with a small number of exceptions (see panel below).

Hedgerow management buffer strip rules also apply which mean farmers must establish and maintain a green cover on land within 2 metres of the centre of a hedgerow.

Towards the end of 2024, Defra carried out a consultation exercise to establish how the regulations should be enforced and the use of civil sanctions.

Possible penalties for breaches

New sanctions were necessary as the previous mechanism for penalising farmers for any breach of the rules was to reduce their Basic Payments, which is no longer an option now that BPS payments are delinked and being phased out.

The results of this consultation have now been published alongside statutory guidance on the regulatory approach that will be taken by the Rural Payments Agency.

RPA officers will have the right to enter any land or premises ‘at any reasonable hour’ to find out if there has been a breach or to check compliance with previous notices.

In most cases, it says it will provide advice and guidance in the first instance before taking enforcement action.

The RPA does have the right to impose civil or criminal sanctions dependent on their findings at a site visit and it says in some cases these may be required as an immediate response.

It has four civil sanctions at its disposal which are:

• A Stop Notice
• A Compliance Notice
• A Restoration Notice
• A Variable Monetary Penalty (VMP)

The VPM would be possible where advice and guidance has deliberately not been followed and there is a likelihood of financial gain by the responsible persons involved.

In the most serious cases, this VPM could be as high as £250,000 to ensure the financial penalty offsets any financial benefit of non-compliance. 

If the offence is deemed as too serious for a civil sanction, then a case could go to criminal proceedings.

The government has issued some examples of when the different civil sanctions might be applied, but stressed these are illustrative only.

Hedgerow management rules – the basics

Cutting and trimming rules

You must not cut or trim a hedgerow that is covered by the rules from 1 March to 31 August (inclusive). 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. In terms of location, it is anything which is growing on, or next to, land used for agriculture.

In relation to 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.

There are some exemptions which allow for the cutting and trimming of some hedges between 1 March to 31 August. Farmers should read the detailed guidance first, but in broad terms, they are:

• For safety reasons when a hedge is next to a public or private right of way
• To carry out hedge-laying and coppicing 
• If the hedgerow marks the boundary of a dwelling house
• Where there is a risk to plant, human or animal health 
• To prevent or treat a serious pest or weed infestation
• Where work is required by a statutory body 

In these instances, you do not need to pre-emptively ask the RPA for the exemption. However, you must keep a record of all works that you carry out, so you can prove how and why you relied on it. 

An exemption is also available when sowing oilseed rape or temporary grass in August, but you must notify the RPA first and keep a record of all works.

In this instance, cutting or trimming is only permitted on: 

• the in-field side of the hedgerow (and the top of the hedgerow if it’s not possible to cut it from an adjoining field) 
• the length of the hedgerow next to where you will sow the oilseed rape or temporary grass 

Buffer strip rules

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.   

Other rules

Farmers must also comply with the terms of theWildlife and Countryside Act 1981 and any management guidelines set down within a Countryside Stewardship (CS) or Sustainable Farming Incentive (SFI) scheme agreement.

This article forms part of our ‘In the Know’ series which sees Strutt & Parker experts share insight and advice on how farms and estates can improve their business resilience, both from an economic and environmental perspective.  For further advice contact a member of our Rural team.