Response received regarding damaged trees on Nairi Zaryan Street
On January 18, we documented severe damage to trees on Nairi Zaryan Street during trenching work. It appears that roots and bark were significantly damaged, clearly violating city tree protection regulations. We have sent an official inquiry about this.
On February 3, we received a response. In short: it happened on private property, so there are no issues.
We believe this is incorrect:
- According to point 2 of Council of Elders Decision No. 36-N, "green spaces on sidewalk edges" are legally public green zones.
- According to point 8 of the same decision, this entire system is subject to mandatory protection. The document contains no clause exempting a private owner from complying with protection rules for public green zones.
- Even if the land is private, conducting economic activity on it (such as construction or sidewalk repair) falls under point 25 of the same decision, which requires compliance with protection norms, and Article 27 of the RA Law "On Plant World", which obliges any user to ensure the protection of plant objects allocated to them.
It follows that private ownership of land grants the right to possess the plot, but does not grant immunity from complying with city landscaping rules and green space protection, especially if these plantings perform a socially important function. Accordingly, all violations listed in the original request remain valid.
You can follow the developments on the case page.
If you are a lawyer, or know lawyers who could help us clarify this issue, please contact us.