Fines could be introduced for excessive branchage work in Jersey

Landowners and contractors who cut hedges and roadside banks too aggressively could face fines under proposed changes to Jersey’s branchage law.

The century-old rules, introduced in 1914, are designed to keep the island’s roads and footpaths clear of overgrown vegetation. They require a minimum clearance of 12ft (3.6m) above main roads and by-roads, and 8ft (2.4m) above footpaths.

The Constables Committee is currently reviewing the legislation, with its chairman, Constable Andy Jehan, confirming that enforcement measures could be strengthened.

Responding to questions from Deputy Hilary Jeune, Jehan said the committee would consider introducing penalties for landowners or contractors who carried out hedge or bank cutting that was excessive or caused lasting damage.

Jeune had raised concerns that the existing legislation focused on whether vegetation had been cut back, rather than regulating how the work was carried out.

Rules date back more than a century

Under the current system, branchage work must be completed ahead of inspections held during three-week periods following 24 June and 1 September each year.

Parish constables have discretion over the exact date of inspections within those periods, and Jehan said dates could be changed where necessary.

The issue has also raised concerns among farmers and environmental campaigners.

An organic farmer warned last month that compulsory cutting dates could lead to unnecessary damage to trees, particularly following a summer affected by drought.

Jehan said the unusually dry conditions in summer 2026 had resulted in limited vegetation growth and that any cutting carried out had remained within existing branchage requirements.

Environmental concerns to be considered

The review is also expected to consider whether the law could provide greater flexibility to protect wildlife and the environment.

Asked whether the committee had consulted environmental organisations or the Jersey Biodiversity Centre, Jehan said it welcomed input from environmental groups during consultations on amendments to the legislation.

Members of the Environment Department have already been invited to attend a future committee meeting, he added.

Deputy Jeune also questioned whether parish officials and road inspectors took account of the Wildlife (Jersey) Law 2021 and guidance on bird nesting, which identifies March to July as a high-risk period for disturbance.

Jehan said wildlife and nesting seasons were taken into account during branchage inspections.

He also pointed out that the 2021 wildlife legislation already contains penalties for breaches.

The review could therefore result in a branchage system that not only ensures roads remain clear, but also places greater emphasis on preventing unnecessary or damaging vegetation cutting.