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Italy's legal framework for protecting monumental trees as cultural heritage

cultural-heritage · 2026-04-27

In Italy, 'monumental trees' are recognized as natural monuments that hold historical, cultural, and landscape significance, safeguarded by Legislative Decree 63/2008, which revised the Cultural Heritage and Landscape Code. A Regional Commission is responsible for designating a tree as having notable public interest, thereby prohibiting its removal without proper authorization. Law 10/2013 and the Ministerial Decree dated 23 October 2014 created the 'Elenco degli alberi monumentali d’Italia,' which sets specific criteria for these trees. Any tree removal or alteration must be urgently justified and approved by local authorities. Fines for violations range from €5,000 to €100,000. Pruning also requires prior approval, with safety protocols specified in guidelines. The oak located in Piazza 24 Maggio, Milan, serves as a prime example of these protections. The urgency for tree conservation is amplified by climate change.

Key facts

  • Monumental trees entered Italian legislation in 2008 via Legislative Decree 63/2008 amending Article 136 of the Cultural Heritage and Landscape Code.
  • The Code defines landscape as 'territory expressive of identity' (Article 131).
  • Protection requires a declaration of notable public interest by the Regional Commission for Landscape Heritage (Article 140).
  • Felling a monumental tree requires regional authorization (Article 146); ordinary maintenance is exempt (Article 149).
  • Law 10/2013 and Ministerial Decree 23 October 2014 established the 'Elenco degli alberi monumentali d’Italia' under the Ministry of Agriculture.
  • Monumental trees are defined by naturalistic, landscape, and historical-cultural criteria (Article 7, Law 10/2013).
  • Felling or modifying canopy/roots requires municipality authorization and binding opinion of the State Forestry Corps (Article 9, DM 77031/2014).
  • Violations incur fines from €5,000 to €100,000.
  • The oak in Piazza 24 Maggio, Milan, associated with Maurizio Cattelan's 2004 installation, was reinforced after wind damage in 2022.

Entities

Artists

  • Maurizio Cattelan

Institutions

  • Artribune
  • Ministero dell’Agricoltura
  • Corpo forestale dello Stato
  • Commissione regionale per i beni paesaggistici

Locations

  • Italy
  • Milan
  • Piazza 24 Maggio

Sources