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Guidance: Hedgerow management rules: buffer strips

Published 2 months ago5 minute read

The hedgerow management rules aim to protect hedgerows on agricultural land as these are important ecological building blocks across our landscapes. Hedgerows provide habitat, act as wildlife corridors, slow soil erosion and water run-off. They also support crop pollinators and sequester carbon as well as enriching the landscape.

There are hedgerow management rules for cutting and trimming and buffer strips.

These rules came into force on 23 May 2024. Find out when the rules will first apply to you.

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.   

Fertilisers are any material which supplies nutrients for plant growth and includes:  

Pesticides mean anything used for destroying pests and includes: 

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 buffer strip rules apply to a hedgerow if it meets the criteria for both: 

The rules apply if a hedgerow is: 

Any gap of 20 metres or less will be treated as part of the hedgerow.

The rules apply if a hedgerow is growing on, or next to, land used for agriculture, including: 

It includes grazing land, meadow land, osier land, market gardens, and nursery grounds. And woodlands where agricultural activities take place. 

The buffer strip rules will apply from the following dates:  

The rules not to cultivate or apply fertilisers or pesticides to land within 2 metres of the centre of a hedgerow do not apply in the following situations. 

You do not need to write to the Rural Payments Agency (RPA) to ask for an exemption. You must keep a record of all works that you carry out under an exemption. If you are visited by the RPA you must be able to prove how and why you relied on the exemption. 

You have used pesticides by way of spot application to control the spread of any of the following injurious or invasive weeds:  

You have cultivated to establish a green cover where one did not exist because the land was not required to have one before. 

Where you need to prevent or treat serious causes of harm to plant health. Or you have cultivated to prevent a risk to human or animal health or safety. 

Where you need to prevent or treat a serious pest or weed infestation. 

The buffer strip rules do not apply: 

You can apply to the RPA for written permission (a derogation) to be exempt from the buffer strip rules not to cultivate.  

A derogation could be granted for any of the following reasons: 

To apply for a derogation, you must email or write to the RPA.  

You should:  

  • explain what you want to do 
  •  include the land parcel numbers you want the derogation for. 
  • use the subject heading ‘Hedgerow management rules derogation’  

You must wait for the RPA to consider your request and grant any successful derogation in writing before carrying out any work. 

These exemptions only apply to the hedgerow management rules on buffer strips. When carrying out any actions related to the above exemptions, you must follow any other rules or legislation in place, for example, the Farming Rules for Water and the Nitrate Vulnerable Zones rules. 

Before reporting a suspected breach, you should read these rules.

To report a suspected breach, you should telephone, email or write to the RPA.  Provide as much information as possible, including location, timings and photographs or footage if you have them.  

In your email or letter use the subject heading ‘Hedgerow management rules report of a suspected breach’. 

The RPA is the regulator for these rules and may visit your land to check compliance with these regulations. The RPA could gather evidence during any visit, for example, copies of records or documents or take photographs. Where circumstances make it necessary to gather immediate evidence, or to prevent harm to hedgerows, visits could take place with little or no notice.

The RPA will discuss their findings with you before leaving. You will receive written confirmation of their findings which will include any advice and guidance. The RPA will work with you to ensure you are supported to comply with regulations, taking a fair and proportionate approach to enforcement.

You must allow any visit to take place. Any person who wilfully obstructs an RPA officer is guilty of an offence and could be liable to a fine of up to £1000.

These rules came into force on 23 May 2024. You will have committed an offence if you do not follow the rules from this date.

Where the RPA finds you have not followed the rules, it will use an outcome focused approach. This approach is supportive of those the RPA regulates doing the right thing but allows it to take action in the more serious cases.

Advice and guidance will be prioritised before taking enforcement action unless in cases of significant harm. The RPA will use appropriate interventions aimed at helping those it regulates to comply.

Enforcement action could include either civil sanctions (Stop Notices, Compliance Notices, Restoration Notices and Variable Monetary Penalties) or prosecution.

The RPA held a 6-week public consultation (29 October 2024 to 10 December 2024) on how to implement and enforce the civil sanctions set out in the statutory guidance. The consultation was required by the Regulatory Enforcement and Sanctions Act 2008.

You can read the Government’s consultation response and the final Statutory Guidance for the management of hedgerows which RPA published on 19 February 2025.

Telephone: 03000 200 301
Monday to Friday, 8.30am to 5pm.

Email: [email protected] 

Address: 

Rural Payments 
PO Box 352 
Worksop 
S80 9FG

Published 23 May 2024
Last updated 19 February 2025 + show all updates

Origin:
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GOV.UK
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