Green Fund: 1 tree per 30 square meters of construction, new obligations for territorial development entities

In its last meeting, the government approved the creation, operation and administration of the green tree fund, within the framework of the development of the territory and public spaces. According to the decision, its purpose is to guarantee the integration of green elements in the development of the territory, increase the green areas in the country and improve the quality of life and public spaces.
One of the important points of this decision is the determination of the obligation to plant trees for all companies and entities that obtain a construction permit.
Thus, it has become mandatory that every developer who is granted a construction permit must plant:
1 tree for every 30 m² of construction area, but in any case, no less than 20 trees per floor of construction for all residential and tourist facilities, but no more than 500 trees for each construction permit;
10 trees for each villa or individual residential house;
10 trees for agricultural and industrial warehouses;
For power plants, 10 trees per megawatt, but no more than 500 trees per building permit.
DECISION
ABOUT
CREATION, OPERATION AND ADMINISTRATION OF THE GREEN TREE FUND, WITHIN THE FRAMEWORK OF THE DEVELOPMENT OF THE TERRITORY AND PUBLIC SPACES
In accordance with Article 100 of the Constitution and point 10, Article 39, of Law No. 107/2014, “On territorial planning and development”, as amended, upon the proposal of the Minister of Infrastructure and Energy, the Council of Ministers
DECIDED:
Article 1
Object and purpose
1. This decision sets out the rules for the creation, operation and administration of the green tree fund, within the framework of the sustainable development of the territory.
2. The purpose of the green tree fund is:
a) ensuring the integration of green elements in the development of the territory;
b) increase in green areas;
c) improving the quality of life and public spaces;
ç) determining the methods and procedures for the use and distribution of trees for public needs and urban landscape.
Article 2
Creation of the fund
1. The green tree fund (hereinafter referred to as the fund) is established as an instrument in the function of policies for sustainable development of the territory and the growth of green areas.
2. The Fund functions as a physical fund, consisting of seedlings and trees for planting, which is administered at the central level by the Territorial Development Agency (hereinafter RDTA).
3. The Fund is used exclusively for:
a) planting seedlings and trees;
b) rehabilitation of green spaces;
c) their maintenance.
4. The ARD is responsible for:
a) creation of a national stock of seedlings and trees;
b) national planning of greening needs, within the framework of sustainable development of the territory, after coordinating the process with local self-government units and the ministry responsible for the environment;
c) distribution of seedlings and trees for public projects by central institutions and local self-government units, according to the requests and needs of central and local bodies.
Article 3
Cooperation with the ministry responsible for the environment and local self-government units
1. Local self-government units are responsible for:
a) identification of planting areas in their administrative territory;
b) implementation on the ground with the responsible structures, by planting seedlings and trees in areas approved by the RD;
c) maintenance of planted trees and seedlings;
ç) periodic reporting to the ARD.
2. The ARD, after identifying and proposing areas for planting in the administrative territory of each municipality, approves the areas designated for the creation of the green fund in the territory of each municipality.
3. The RD, in cooperation with the ministry responsible for the environment, determines the types of vegetation to be used, in accordance with the territorial characteristics and environmental conditions of the relevant areas.
Article 4
Obligation to plant trees from construction permits
1. Every developer entity that is issued with a construction permit is obliged to contribute to the fund.
2. The contribution is determined as follows:
a) 1 (one) tree for every 30 (thirty) m² of construction area, but in any case, no less than 20 (twenty) trees per floor of construction for all residential and tourist facilities, but no more than 500 (five hundred) trees for each construction permit;
b) 10 (ten) trees for each villa or individual residential house;
c) 10 (ten) trees for agricultural and industrial warehouses;
ç) For power generation plants, 10 (ten) trees per MW, but not more than 500 (five hundred) trees per construction permit.
3. The contribution is made through the delivery and physical planting of seedlings and trees in areas designated by the ARD, following a coordination process with local self-government units.
Article 5
Statement of responsibility
1. Before issuing a construction permit, according to the procedures of the legislation in force for planning and development of the territory, the developer submits a declaration of responsibility, by which it commits to fulfilling the obligation to plant seedlings and trees, accepts the conditions set by the responsible authority for territorial development and guarantees the fulfillment of the obligation, within the terms of the permit.
2. The certificate of use is issued by the responsible territorial development authority, only after receiving confirmation from the structure responsible for greenery at the local self-government unit for fulfilling the obligation to plant seedlings and trees.
Article 6
Obligation to use public spaces
1. Every natural or legal person who is granted a permit by the local self-government unit for the use of public spaces is obliged to contribute to the fund.
2. The contribution is determined at the rate of 1 (one) tree for each table, in the case where chairs are required to be placed in the public space.
3. The physical contribution and the ratio to the number of tables is verified by the relevant municipal structures.
4. The contribution is made in physical form, according to this decision, or by paying the equivalent of the trees in lek, in function of the green fund of the respective municipality.
Article 7
Fund administration
1. The ARD, in cooperation with local self-government units, maintains a special electronic register, part of the e-Permit system, for:
a) seedlings and planted trees;
b) their distribution according to approved areas;
c) planting date;
ç) maintenance status.
2. The electronic registry shall be created by the National Information Society Agency, within 3 (three) months from the entry into force of this decision.
Article 8
Distribution of the fund of seedlings and trees
1. Public institutions submit a request to the ARD to obtain trees from the forest fund, in function of their public developments or investments.
2. The request is accompanied by the following documentation:
a) The relationship between the purpose of use and the development planned to be carried out;
b) The relevant public project;
c) Location data;
ç) Data on the number of trees.
3. The RD decides on the distribution of seedlings and trees, taking into account the territorial development priorities and public needs for green projects.
Article 9
Application
The Territorial Development Agency, local self-government units and the National Information Society Agency are responsible for the implementation of this decision.
Article 10
Entry into force
This decision enters into force upon publication in the "Official Gazette".
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