tidying a ditch question

Bellview

I have a ditch that is completely over grown..this is land i bought. The ditch is 40 foot wide in places. If I go in with a machine tomorrow to tidy it up am I in breach of hedge cutting rules and if yes us penalty only on single farm payment or is there another course of action... the weather in last month has stopped me getting started on job hence reason I'm asking

Muckit

Congrats and well done on the land purchase! Exciting times ahead.

This is more of the calendar farming again. Technically yes you should have it done between 1 Sept and end of February. But you probably hadn't the deeds signed last Autumn when weather was dry?

Encroaching 40ft into a field is land reclamation rather than ditch maintenance!:) There are stipulations under BPS that you have to control overgrowth to claim payments. Are you hoping to claim payments on this land this year?

Tricky situation!

Bellview

Thanks for good wishes. I will have short term headaches but will be worth it.
I had deeds sign last year as I rented land to a neighbour. I was literally asleep at he wheel in Dec when weather was perfect..too busy at work to focus.
I was thinking of getting in this week and seek forgiveness but that may not be smart
I want to tidy ditch as I want to reseed etc in the spring

Buford T. Justice XIX

Bellview wrote: »

Thanks for good wishes. I will have short term headaches but will be worth it.
I had deeds sign last year as I rented land to a neighbour. I was literally asleep at he wheel in Dec when weather was perfect..too busy at work to focus.
I was thinking of getting in this week and seek forgiveness but that may not be smart
I want to tidy ditch as I want to reseed etc in the spring

I think Muckit is right. You can't touch the hedge but if the hedge is encroaching out into the field then you are obliged under GAEC to keep the land in good agricultural order by cutting back the excess growth.

Not the hedge until hedge cutting is allowed again, just the part that's encroaching into the field.

And as Muckit said, congratulations and may she pay you back in a short time.:)

K.G.

My take on it is drive on as i cant see how you can be inspected if you havent applied for sfp and if you work on and reseed you will have it green by the time you do.taking the ditch alltogether however .could always come back to haunt you

Green farmer

Hope o.p doesn't mind as connected question. Once the hedge is tidied and the waste piled up , can you apply to burn all the material ? Or do you have to wait until next August.

Parishlad

Green farmer wrote: »

Hope o.p doesn't mind as connected question. Once the hedge is tidied and the waste piled up , can you apply to burn all the material ? Or do you have to wait until next August.

Once the stuff has been cut in the right season then burn away. Just don't forget to ring the Fire Station and advise them that you are carrying out a controlled fire.

barnaman

You cannot cut any of it until next September; I think, as said its land reclamation at this stage.

https://www.npws.ie/legislation/irish-law/restrictions-cutting-hedgerows

Link on that page to legislation.

Parishlad

barnaman wrote: »

You cannot cut any of it until next September; I think, as said its land reclamation at this stage.

https://www.npws.ie/legislation/irish-law/restrictions-cutting-hedgerows

Link on that page to legislation.

I think that this may have been asked before on a different thread, but is clearing/reclaiming land not viewed as work done 'in the ordinary course of agriculture'. Guess not!

SCOL

I had the same Issue last year. the ditch was out about 4 meters wide and in one corner of the field it was 43 meters !!!!
I gained about an acre of ground.

I got a guy called land max mulching great job he had a big rotavator and it sucked up all the thorne, choped it up and
he finished up rotavating it into the ground no cleaning up after all I had to do was plant grass seed.

barnaman

Parishlad wrote: »

I think that this may have been asked before on a different thread, but is clearing/reclaiming land not viewed as work done 'in the ordinary course of agriculture'. Guess not!

Bit odd the legislation as the exemption states "the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;"


Looking at that sentence seems that hedge cutting could be any time of the year as I would say hedge cutting is the "the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch"


Land reclaimation definitely cannot allowed as its working on uncultivated land.

Parishlad

I have to apologise to the OP also now as I am going to piggyback on this thread for a bit of advice!

Have about 13 acres of land that is divided up into 7 different small fields. There is a 'road' running up through the middle of it.
The individual fields would, once upon a time, have been divided by stone walls.
The walls are now completely overgrown with briars and whitethorn trees. The road, also bounded one by stone walls, is completely overgrown and cannot be travelled.
What I want to do is clear either side of the road completely, i.e. stone, bushes, briars..whatever..and put a proper electric or barb wire fence in.
I also want to clear all the briars, white thorns etc. from the walls that are dividing the fields internally and build back up the stone walls.
My question really is whether or not what I deem to be overgrown briars etc. would be considered as a 'hedgegrow' or 'ditch' in terms of BFP terms and conditions (removal/replacement of hedgegrows)?

freedominacup

Bellview wrote: »

I have a ditch that is completely over grown..this is land i bought. The ditch is 40 foot wide in places. If I go in with a machine tomorrow to tidy it up am I in breach of hedge cutting rules and if yes us penalty only on single farm payment or is there another course of action... the weather in last month has stopped me getting started on job hence reason I'm asking

If it's growing on the ground you can work away into the base of the ditch.

50HX

mulch it or scrap the top off it with a digger back as far as the "original" ditch

don't think it's a hedge cutting issue - you are entitled to reclaim the land

it's kind of chicken and egg - if you are concerned of penalties and don't do it then you may get a penalty in the bps as it's not arable land

personally i would drive on and get it cleaned up

barnaman

Thing is 50 not if he can reclaim the land its whether he can legally do it at this time of the year. Why lads up west want a change in the law so wet that when its legal do it they cannot get out on their land

http://www.agriland.ie/farming-news/26-illegal-fires-recorded-during-the-closed-season-in-2016/

From today's news

ganmo

it all depends on what you call 'normal agri practice'
i do remember tillage farmers being advised that they could tidy up the verges of fields with a hedgecutter after harvest aslong as they kept the cutting head horizontal

Bellview

Thanks all. The good news it's a grey area so I will Rock on. There is another ditch that I will possibly remove and replace with hedge..this I will level until end of year..but I will reclaim the ground under briars now

massey265

Sorry but I've same problem have hawthorn grown out from ditch up to 15metres but problem is for the first three metres from ditch it is in area off special conservation, would I be looking for trouble to stub it back to the conservation area?

Bellview

SCOL wrote:

I got a guy called land max mulching great job he had a big rotavator and it sucked up all the thorne, choped it up and he finished up rotavating it into the ground no cleaning up after all I had to do was plant grass seed.

Watched on YouTube impressive machine.

SCOL

A great machine and no cleaning up after which is great as I only have a Ferguson 20 !!!!

White Clover

A snippet of useless information, but that man has his Renault Tractor profiled in the current issue of classic tractor!!