Environmental management – guidance

Badgers: protection and licences

What you must do to avoid harming badgers and when you’ll need a licence.

The content on this page is in beta and may be updated frequently.

Badgers and their setts (tunnels and chambers where they live) are protected by law.

You may be able to get a licence from Natural England if you can’t avoid disturbing them or damaging their habitats.

What you must not do

You could be sent to prison for up to 6 months and be fined £5,000 if you’re found guilty of any of these offences:

  • intentionally capture, kill or injure a badger
  • damage, destroy or block access to their setts
  • disturb badgers in setts
  • treat a badger cruelly
  • deliberately send or intentionally allow a dog into a sett
  • bait or dig for badgers

You’re breaking the law and could be fined £5,000 if you:

  • have or sell a badger, or offer a live badger for sale
  • have or possess a dead badger or parts of a badger (if you got it illegally)
  • mark or attach a marking device to a badger

Activities that can harm badgers

Activities that can affect badgers include:

  • destroying or damaging their setts
  • noise, additional lighting or vibration
  • pile driving
  • quarry blasting
  • lighting fires
  • using chemicals
  • excavation
  • ploughing and harvesting crops
  • tree felling and timber extraction
  • construction or repair of flood defences or water courses

In most cases you should be able to avoid harming badgers, damaging or blocking access to their setts.

If you can’t avoid this, you can apply for a licence to interfere with a sett from Natural England. You’ll need to show you’ve tried everything else possible to avoid affecting badgers. You’ll need expert help with your licence application. Find out what type of survey and mitigation methods will be needed to support your planning application.

You’ll also need a licence if you’re doing any of the following:

  • working with hand tools or machinery above or below ground within 10 metres of a sett entrance, unless there’s a substantial barrier between the building work and the sett
  • using heavy machinery or earth-moving equipment between 10 and 20 metres from a sett entrance
  • pile driving, rock boring, dynamic compaction or using explosives between 30 and 100 metres from a sett entrance (and sometimes further)

Find out what’s involved for construction that affects protected species.