Don't forget, if you upgrade fairies, the birds will almost never spawn. And upgrading fairies is very costly in terms of timer, and if you waste it in the first few days, you won't have enough on the second week. And what will you do without birds and timer for conflux on week 2?)
I played Flax twice in outlaw, and upgraded fairies both times. Once I had air elementals, the other time I played 8xm8a, where birds aren't even a consideration. Both times I just sent heroes in different directions — one hero with upgraded fairies one way, another hero with air elementals and a few non-upgraded fairies the other. So from day 112-113 you can fully, independently clear two directions. Other towns can only afford that with a fast capture of cons.
Anyway, you could run a little tournament just for Flax (we had one like that for Tower once), allow all upgrades there, and see what comes of it. Just preferably use the widest possible pool of templates.
I'm not against unbanning the upgrade for psychics, but the cost of such a unit is 800.
The non-upgraded one costs 750, damage 10-20, speed - 7.
The upgraded one costs 800, damage 15-25, speed - 9, magic immune.
If you raise the unit cost to 1200, you can allow the upgrade.
For intentional violation of rules, there should always be a technical loss! And the degree of guilt is determined by the judge.
Actually, this is a very interesting question. I raised it some time ago, we discussed it, but never came to any conclusion.
If we differentiate violations into criminal and less serious (some punishable by technical defeat, others not), there will often be a temptation to commit a "minor" violation, thinking, "I'll get a warning, fine, but I'll win the game." To prevent this, a player must understand that breaking the rules results in losing the game.
b) on blue's heroes or guarded mines, if the presence of growth can affect the outcome of the battle or the losses in battle for any of the players.