What uses and facilities are permitted within forest areas?

The process of ratifying forest maps has been completed and a significant portion of the properties are being registered in the land registry with the Greek State as the beneficiary, as a reference to forest areas. This is because the presumption of ownership established in favor of the State by Royal Decree 17.11.1836 “on private forests” and the current legislative framework apply.

Forest areas are considered public until they are recognized as private. Exceptionally, this provision does not apply to the regions of the First Instance Courts of the Ionian Islands, Crete, the Prefectures of Lesbos, Samos, Chios, and the Cyclades, the islands of Kythira and Antikythira, as well as the region of Mani as defined by the administrative boundaries of the Kallikratis municipalities of Eastern and Western Mani.

It should be clarified that the character of the land parcel as forest or non-forest refers only to the classification of a specific area and does not extend to issues of ownership.

Therefore, whether a plot of land is currently considered or classified by the State as forest land does not automatically mean that it belongs to the State, but rather the status of the property at the time it came into the possession of the State is examined on a case-by-case basis.

Therefore, it is very important for anyone interested to know whether the forest area located within their property is private and to what extent they can exploit it and how.

 

What is permitted within forest areas?

Forestry legislation allows intervention in forest areas as an exceptional measure and always within the framework of no change in the purpose of the forest, following approval. According to the law, in certain limited categories of forest areas, on a limited part of their surface and under certain conditions, interventions are exceptionally permitted for activities such as:

Primary sector farms (agriculture, livestock farming, etc.)

Construction of public infrastructure and infrastructure projects, e.g., road construction

Tourist facilities (4*-5* hotels, campsites, thermal spas, ski resorts, mountain refuges, etc.)

Industrial facilities (agricultural product processing plants, wineries, distilleries, bottling plants, oil mills, slaughterhouses, petroleum storage tanks)

Mining – quarries

Cultural projects

Specific types of sports, education, healthcare, research, waterways, motorbike racing tracks, religious facilities, etc.

 

What tourist facilities are permitted within forest areas?

Intervention in public forests and public forest areas is permitted for the creation of 4- or 5-star hotel accommodation, ski resorts, facilities for the exploitation of thermal springs and hydrotherapy centers, thalassotherapy centers, medical tourism facilities, and golf courses is permitted.

The relevant request for approval of the intervention is accompanied by a tourism development report justifying that this intervention is the only appropriate means of satisfying the public interest with the least possible loss of forest wealth.

Furthermore, intervention in private forests and forest areas is permitted for the creation of complex tourist accommodation, as is the case with special tourist infrastructure facilities, subject to specific terms and conditions. When the intervention for the creation of the above complex tourist accommodations and special tourist infrastructure facilities takes place entirely on private land of a purely forest nature, then the area of this land must be at least 500 acres.

The total area occupied by tourist facilities (coverage) may not exceed ten percent (10%) of the area approved for tourist development. The building coefficient is calculated at the above 10% of the area and is determined on a sliding scale.

 

What is the situation with photovoltaics in forest areas?

The installation of photovoltaic stations is permitted in forest areas that have been cleared or granted for agricultural or arboricultural cultivation.

In particular, solar energy facilities using photovoltaic stations in forests and reforestation areas are prohibited. As an exception, such installations are permitted in forest areas that have been cleared or granted for agricultural or arboricultural cultivation, in accordance with forestry and agricultural legislation, provided that they have been exploited in accordance with the terms of the clearing or granting and are cultivated, provided that, after the end of the legal operation of these facilities, in accordance with the terms of the environmental permit, or their removal for any reason, the area is returned to its previous agricultural use.

 

Are we allowed to intervene in grassland and rocky areas?

Law 4859/2021 on “Measures to facilitate and modernize the establishment and operation of livestock facilities…” a provision was added allowing intervention in forests and forest areas as well as in public grasslands and rocky areas, following approval by the Coordinator of the relevant Decentralized Administration and following a recommendation by the relevant forestry authority. In the case of intervention in grassland and rocky areas belonging to areas where there are ratified forest maps, the recommendation of the relevant forestry authority shall be granted within two (2) months of the request of the interested party.

In the event of intervention by third parties on private land protected by the provisions of this law, the written consent of the owner is also required.

 

What applies to livestock facilities in forests, forest areas, or public land

Following the recommendation of the Stabling Committee, by decision of the competent forest ranger, grants a permit for the installation within forests and the installation of fencing for the stocking of livestock installation within forests and forest areas, as well as and public areas livestock facilities, farms game reserves, fish farms, farms fur farms and especially visitable livestock units breeding endangered with extinction indigenous breeds of farm animals with with the aim of saving them from extinction, dissemination, promotion and traditional management of the aforementioned animal capital and its products of.

The installation of the above units is not permitted, with the exception of beekeeping, in protected forests and forest areas, in areas located within the drainage basins of streams in cities or settlements, and in forests and forest areas suitable for recreation and tourism.

It is permitted in protected areas if provided for in their management plans and, in the absence of such plans, following an approved environmental study.

 

When is agricultural exploitation of forest areas permitted?

The clearing of forests for agricultural cultivation of any kind is prohibited. As an exception, agricultural cooperatives, producer groups, or individuals are permitted to clear forest areas or use open areas or gaps within forests or forest areas up to 30 acres in the case of natural persons, for agricultural or arboricultural cultivation or for planting a mixture of wild and fruit-bearing or fruit trees or for planting forest species for the production of products, in particular chestnuts, walnuts, and truffles, or for the creation of vineyards or aromatic plantations. The domestication of wild fruit or nut trees by grafting is also permitted.

Also, within the above areas, structures that serve agricultural exploitation are permitted, such as water tanks, boreholes, electricity meters, and sheds, in accordance with the relevant legislation on such structures.

Approval for agricultural exploitation is granted following a relevant economic and technical study of the viability of the agricultural exploitation.

Public land, as well as communal and available forest land, may be made available to natural or legal persons for tree cultivation or agricultural cultivation and exploitation, following the relevant study and under specific conditions.

 

When are industrial and craft facilities permitted?

The establishment of wood cutting and processing industries or industries that use wood or other forest products as raw materials is permitted, as is the construction of water pumping and bottling plants with the necessary supply pipes.

Under certain conditions, the installation of processing units for agricultural products produced in the region, cheese factories, wineries, distilleries, bottling plants, oil mills, and slaughterhouses.