Spain's De Facto Ban on Brushing: The Administrative Maze

Clearing Land: Banned or Just a Bureaucratic Maze?

Is it illegal to clear scrubland in Spain? The short answer is no. The long answer is that the line between not being banned and being practically impossible is extremely thin. Regional forestry laws regulate land clearance, but deadlines, permits, and administrative discretion turn a theoretically simple procedure into a ordeal that many decide not to start.

In the Community of Madrid, the system distinguishes two paths. The responsible declaration allows work to begin the same day it is registered. The express authorization, however, has a legal resolution time of up to three months. In between lies a labyrinth of exceptions: scrub under 1.5 meters high on surfaces up to 1,000 square meters does not require either declaration or authorization, provided there are no protected species. And between May 15 and October 31, high-risk season, the use of machinery that could produce sparks is restricted or suspended entirely in forested areas.

When the Fine Print Becomes a Penalty

Theory, however, clashes with reported experiences. Some requested permission to clear streams and received a response 17 days after a 15-day deadline, denied for not specifying the location, when it was perfectly detailed. Another case: a homeowner who saw the Civil Guard try to arrest him for cutting trees to protect his restaurant from fire. And the inverse example: in Rivas-Vaciamadrid, a neighbor was fined for having his plot uncleared while the adjacent municipal land was equally or worse.

The sense of arbitrariness is compounded by surveillance. Drones fly over plots, compare images with previous years, and detect both illegal constructions and clearings. If the tree is a protected species, is over 10 years old, or has a diameter greater than 20 centimeters, the fine can be considerable. The result, say those affected, is a lottery: the likelihood of a penalty depends as much on the official's interpretation as on what has been done.

From Regulation to De Facto Prohibition

The underlying debate is whether regulating equates to banning. Some argue that bureaucracy is the new form of prevention: the activity is not illegalized, but it is made so costly, slow, and complex that no one undertakes it. The analogy with hunting is recurrent: years of administrative hurdles, permits, and restrictions have reduced the number of hunters; now, with unchecked roe deer and wild boar, special hunting seasons are peine to curb overpopulation. And surprise: there are not enough hunters.

Others argue that the real problem is different. Rural Spain has emptied, extensive livestock farming has disappeared, and the forest is no longer cleared because no one does it, not because it is banned. Firewood is no longer domestic fuel, and forest waste accumulates. The administration could hire forestry worker crews, but that costs money. Meanwhile, the debate gets tangled in political accusations and polarization that prevents addressing the core issue: what to do with a forest that burns every summer because no one manages it.

Data to Not Get Lost in the Official Gazette

The regulatory framework, at least in the Community of Madrid, can be summarized in four points:

• Scrub under 1.5 meters and up to 1,000 m² per year: no authorization or declaration required, except for protected species.
• With a forestry management plan or minor domestic use: responsible declaration.
• Major clearings or outside these cases: express authorization, with a resolution time of up to three months.
• Between May 15 and October 31: restrictions on the use of machinery that generates sparks in forested terrain.

The issue of fines remains open. Cases are cited but no specific amounts, and those affected complain that the amount depends on the "know-how" of the forestry engineers. Translation: discretion. Meanwhile, forests remain uncleared, and the fire risk does not decrease. Perhaps brushing is not banned, but it certainly does not seem a reasonable option for the average owner. And that is exactly the problem.