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Upper Hunter Shire Council tree removal rules

Everything you need to know before removing or pruning a tree in the Upper Hunter Shire Council area β€” which trees are protected, the main exemptions, and how to apply for approval. This is the authoritative summary we keep for this council; always confirm against the official source linked below.

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

● ResearchedΒ· last checked 2026-06-28official source β†—

Compiled from the council's published rules and cross-checked. Always confirm with the council.

Which trees are protected in Upper Hunter Shire Council?

Upper Hunter Shire Council generally does not require council approval to remove trees on private property β€” its tree controls don't apply to private land. Other laws (native vegetation, heritage, threatened species) may still apply, so confirm with the council.

Upper Hunter Shire Council's tree protection is LIMITED TO HERITAGE ITEMS AND HERITAGE CONSERVATION AREAS ONLY (per DCP 2015 Part 11a). NO numeric thresholds (height/diameter) specified. Non-heritage private-land trees are NOT protected by council ruleβ€”removal governed by Native Vegetation Act 2003 and Rural Fires Act 10/50 clearing entitlement only. DCP does not prescribe tree protection for general private property. Exemptions listed above apply only to heritage-area trees.

When you may not need approval

  • trees dying/dead
  • pruning <10% foliage annually
  • trees within 3m of building
  • risk to human life or property

How to apply

Tree permit required for work to heritage-area trees; development application for major work; no council approval for non-heritage trees

Other rules that can override the above

  • RFS 10/50 Vegetation Clearing scheme β€” 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 β€” trees are usually protected regardless of size and most exemptions fall away.
  • Threatened species, endangered ecological communities and Aboriginal places β€” exemptions generally do not apply.
  • Federal EPBC Act β€” separate Commonwealth approval can be required if removal would significantly impact a nationally listed species or community.

Do I need a permit in Upper Hunter Shire Council?

Checking against Upper Hunter Shire Council.

Fill in the tree details and we'll estimate whether you likely need council approval.

Suburbs in Upper Hunter Shire Council

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