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Tree removal laws in New South Wales

In most of urban NSW you need your council's approval (a permit) before removing or substantially pruning a tree that the council's Development Control Plan (DCP) protects. The DCP decides which trees are protected — usually by height and/or trunk size, and sometimes by species or location. Thresholds and exemptions differ from council to council, so the rule that applies to you is set by your local council, not by a single statewide number.

Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).

Common exemptions

  • Dead, dying or dangerous trees that are an imminent risk to people or property (most councils require a qualified arborist's report — keep photos and the report).
  • Minor pruning within Australian Standard AS 4373-2007 (often up to ~10% of the canopy in a year) — council-dependent.
  • Certain listed weed or exempt species, and trees under the council's size threshold.
  • Trees within a set distance of an approved dwelling — but the distance varies by council and many councils have no such exemption.

Rules that can override exemptions

  • RFS 10/50 Vegetation Clearing scheme — in a designated bush-fire area you may be able to clear trees within 10m of your home (and underlying vegetation within 50m) without council approval. Check eligibility with the NSW RFS online tool; it does not override threatened-species or federal law.
  • Heritage items and heritage conservation areas — trees are usually protected regardless of size and most exemptions fall away.
  • Threatened species, endangered ecological communities and Aboriginal places — exemptions generally do not apply.
  • Federal EPBC Act — separate Commonwealth approval can be required if removal would significantly impact a nationally listed species or community.
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New South Wales councils (128)

Pick your council for its specific tree-removal rules.

Official sources

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