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Council tree rules · checked 30 September 2026
The Hills tree removal rules
Checked against The Hills Shire Council's own documents on · Council: 02 9843 0555
In The Hills you need Council's consent to remove, or to prune more than 10% of, any tree with a canopy spread over 3 metres, a height over 6 metres or a trunk more than 300 mm across at the base, unless an exemption applies. The main exemptions are a published list of weed and nuisance species, fruit trees, and any tree within 5 metres of an approved house or ancillary structure (including a garage, shed, pool or retaining wall over 600 mm). These rules cover the whole Shire, including rural land around Dural and Glenorie. An application costs $170Council fee for 1 to 3 trees, plus $59Council fee for each extra tree (2026/27).
The checker
Do I need approval to remove my tree?
The Hills's rules as a map. Answer each question and it follows your path to the answer. It's a guide: if you're unsure, ask council or ask us.
Is the tree on your own private property (not a nature strip, park or reserve)?
Council's tree — don't touch it
Nature strip and reserve trees are Council's. Report it on 02 9843 0555 (24-hour prompts for emergencies).
Is the tree work part of a development application or complying development (CDC)?
Deal with it through your development
Tree removal for a DA is assessed with the DA. For a CDC, you need a certifier's statement and Council assesses it like a DA.
Are you clearing bushland or native vegetation (not just a single garden tree), or is the land on the Biodiversity Values Map?
Talk to Council before any work
Native vegetation, covenants, consent conditions and threatened species can override the normal exemptions. Call 02 9843 0555.
Does the tree have a canopy spread over 3 m, height over 6 m, or trunk over 300 mm across at the base?
No permit needed
Prune to AS 4373 and keep photos in case Council asks. If you're unsure, call 02 9843 0555 first.
Is it an exempt species, a fruit tree, a priority weed, or within 5 m of an approved dwelling or ancillary structure?
Does a DA condition, a covenant on your title, or threatened species habitat require the tree to be kept?
Talk to Council before any work
Native vegetation, covenants, consent conditions and threatened species can override the normal exemptions. Call 02 9843 0555.
No permit needed
Prune to AS 4373 and keep photos in case Council asks. If you're unsure, call 02 9843 0555 first.
Do you only want to prune up to 10% of the canopy this growing season?
No permit needed
Prune to AS 4373 and keep photos in case Council asks. If you're unsure, call 02 9843 0555 first.
Is the tree dead, dying, or an imminent danger to people or property?
Possibly exempt — get evidence first
Call Council before removal. You'll need an officer's inspection or photos confirming the tree is dead or dangerous.
You need a Tree Management permit
Lodge the Tree Management Application: $170Council fee for 1–3 trees plus $59Council fee per extra tree (2026/27).
How to apply on the The Hills website · Need an arborist report?
Size matters
How big is "protected" in The Hills?
- Height: more than 6 m
- Trunk: diameter more than 300 mm measured at the base
- Canopy: spread of more than 3 m; pruning of more than 10% of the canopy per growing season needs consent
You need approval to…
- Removing any tree, native or exotic, that has a canopy spread of more than 3 m, a height of more than 6 m or a trunk diameter of more than 300 mm measured at the base, unless it is exempt.
- Pruning more than 10% of a tree's overall canopy (foliage) per growing season.
- Substantially altering the soil level within the 3 metres around a tree's trunk.
- Clearing native vegetation (bushland, including trees of any size, shrubs, grasses and groundcovers) for minor works such as fence replacement or sheds that isn't covered by a development consent or an RFS Hazard Reduction Certificate. This needs a separate Native Vegetation Clearing application.
- Clearing above the Biodiversity Offsets Scheme threshold or on land mapped on the NSW Biodiversity Values Map, or clearing threatened ecological communities or threatened species habitat. This may need Native Vegetation Panel approval rather than a Council permit.
Usually no approval needed for…
- Pruning up to 10% of a tree's overall canopy per growing season, done to AS 4373-2007 (Council says pruning should be done by an AQF Level 3 arborist).
- Trees on the DCP exempt species list, which the tree owner may prune or remove without consent.
- A fruit tree or tree grown for fruit production, but not naturally growing native fruiting species.
- Bunya pine, hoop pine, Norfolk Island pine, camphor laurel, Monterey cypress and white cedar, if the tree is less than 10 m tall.
- Trees within 5 m of an existing dwelling or ancillary structure on the same lot that was approved by a DA or CDC. The distance is measured from the face of the trunk nearest the structure to its external wall or roof line. Ancillary structures can include a garage, carport, studio, shed, workshop, swimming pool, spa, or a retaining wall more than 600 mm high.
- Priority weeds under the Biosecurity Act 2015, which may be removed at any time.
- Trees that Council is satisfied are dead or dying and not needed as habitat, or are a risk to human life or property. You must collect evidence before removal.
- Bushfire hazard reduction work done under the Rural Fires Act 1997 (an RFS Hazard Reduction Certificate is required), and clearing under the NSW RFS 10/50 Vegetation Clearing Code where your property is in an entitlement area.
- These exemptions do NOT apply if removal would breach a condition of a development consent (e.g. a Restricted Development Area or landscaping condition), a restriction or positive covenant on the title (e.g. an 88B instrument), or the Biodiversity Conservation Act 2016.
The Hills's exempt species list (38 entries): trees you can usually remove without a permit
- Box elder (Acer negundo)
- Tree of heaven (Ailanthus altissima)
- Cape Leeuwin wattle (Albizia lophantha syn. Paraserianthes lophantha)
- Evergreen alder (Alnus jorullensis)
- Alexandra palm (Archontophoenix alexandrae)
- Bangalow palm (Archontophoenix cunninghamiana)
- Hackberry (Celtis australis)
- Fiddlewood (Citharexylum spinosum)
- Cotoneaster (Cotoneaster spp.)
- Pencil pine (Cupressus sempervirens 'Stricta')
- Leyland cypress (x Cupressocyparis leylandii)
- Coral tree (Erythrina x sykesii)
- Weeping fig (Ficus benjamina)
- Indian rubber tree (Ficus elastica)
- Honey locust (Gleditsia triacanthos)
- Silky oak (Grevillea robusta)
- Kaffir plum (Harpephyllum caffrum)
- Norfolk Island hibiscus (Lagunaria patersonia)
- Broad-leaved privet (Ligustrum lucidum)
- Small-leaved privet (Ligustrum sinense)
- Liquidambar (Liquidambar styraciflua)
- Oleander (Nerium oleander)
- African olive (Olea europaea var. africana)
- Radiata / Monterey pine (Pinus radiata)
- Sweet pittosporum (Pittosporum undulatum)
- Lombardy poplar (Populus nigra 'Italica')
- Black locust / false acacia (Robinia pseudoacacia)
- Weeping willow (Salix babylonica)
- Queensland umbrella tree (Schefflera actinophylla)
- Peppercorn tree (Schinus molle)
- Broad-leaf pepper tree (Schinus terebinthifolius)
- Cocos palm (Syagrus romanzoffiana)
- Athel tree (Tamarix aphylla)
- Rhus tree (Toxicodendron succedaneum)
- Chinese tallow (Triadica sebifera)
- Mexican fan palm (Washingtonia robusta)
- Fruit trees grown for fruit production, excluding naturally growing native fruiting species
- Under 10 m tall only: Bunya pine (Araucaria bidwillii), hoop pine (Araucaria cunninghamii), Norfolk Island pine (Araucaria heterophylla), camphor laurel (Cinnamomum camphora), Monterey cypress (Cupressus macrocarpa), white cedar (Melia azedarach)
Exemptions usually don't apply on heritage properties. Not sure what your tree is? Send us a photo.
Step by step
How to apply in The Hills.
From checking the rules to planting the replacement tree.
Check whether it counts as a tree
It's protected if its canopy spreads more than 3 m, it's taller than 6 m, or its trunk is more than 300 mm across at the base.
Check the exemptions
Is it on the exempt species list, a fruit tree, a priority weed, or within 5 m of an approved house, garage, shed, pool or retaining wall over 600 mm? Do you only need to prune up to 10% of the canopy? Then no permit is needed.
Make sure nothing overrides the exemption
Check your DA conditions and your title (88B covenants), and whether the land is on the Biodiversity Values Map or has threatened species. Any of these can cancel an exemption.
Dead, dying or dangerous? Call Council first
Phone 02 9843 0555 before removing it, to arrange the inspection or photos Council needs as evidence.
Complete the Tree Management Application
Number each tree on a site plan showing buildings and the road frontage, give the reason, and attach any arborist, plumber, engineer or pest reports. All owners sign (strata needs body corporate consent).
Lodge and pay
Email it to council@thehills.nsw.gov.au or lodge it at 3 Columbia Court, Norwest. The fee is $170Council fee for 1–3 trees plus $59Council fee per extra tree (2026/27), paid by card.
Wait for the permit and replant
A Council officer inspects before deciding. Don't start until you have the permit, and plant any replacement tree it requires. You can ask for a free re-inspection within 12 months.
Council fees paid to The Hills Shire Council, not to Above All Tree Services
| Council fee for | Council fee | Notes |
|---|---|---|
| Application for tree removal / lopping — 1 to 3 trees | $170.00Council fee | Fees & Charges 2026-2027 (Part 5 of The Hills Shire Plan). Paid when the Tree Management Application is lodged. Council accepts credit card and EFTPOS only (no cash or cheque). |
| Application for tree removal / lopping — additional trees | $59.00Council fee each | For each tree beyond the first three. |
| Native Vegetation Clearing Permit — minor clearing (under 1,000 m²) | $277.00Council fee | $552Council fee for 1,001–2,500 m²; $740Council fee for more than 2,500 m² and/or above the biodiversity offsets scheme threshold. |
| Re-inspection (review of determination) | No fee | If requested within 12 months of the original application (Tree Management Fact Sheet). |
Processing: Not stated. Council's tree management staff inspect the site as part of each application.
The details
Everything else you should know.
The situations that trip people up, from The Hills council's own rules.
Pruning
You can prune up to 10% of a tree's overall canopy per growing season without a permit. Council says the work must follow AS 4373-2007 (Pruning of Amenity Trees) and be done by a professional AQF Level 3 arborist. Pruning more than 10% needs a Tree Management Application. Trees within 5 m of an approved dwelling or ancillary structure, and trees on the exempt species list, can be pruned without consent.
Dead or dangerous trees
Under the SEPP no permit is needed for a tree that Council is satisfied is dead or dying and not needed as habitat, or is a risk to human life or property. The Hills requires evidence to be collected before the tree is removed. For a dead or dying tree, that means an inspection and confirmation by Council's Tree Management Officer, or photos confirmed by that officer. For a dangerous tree, it means an inspection and confirmation by the officer, or photos showing imminent danger (for example partial failure, roots heaving out of the ground, or major storm damage). Council's fact sheet says to call the Contact Centre on 02 9843 0555 to discuss the evidence needed. For storm damage, Council has special provisions; call 02 9843 0555 for immediate help. Note that a dead tree with hollows can still be a habitat tree.
Arborist reports
Not required to lodge a standard Tree Management Application. You can attach pest, arborist, plumber or structural engineer reports to support your request. If you ask Council to review a refusal, it asks for an AQF Level 5 arborist report that includes an aerial inspection and resistograph or PiCUS sonic tomograph results, a structural engineer's report for property damage, or a plumber's report identifying which tree is blocking pipes. For a tree being removed so complying development can go ahead, a statement from the certifier is required. For DAs, DCP Part C Section 3 requires a Tree Management Statement or arborist report by an AQF Level 5 arborist.
Replacement planting
Council's Tree Management Fact Sheet says that for every tree removed under a permit, a replacement tree must be planted elsewhere on the property as a condition of approval. The Guidelines say replacement is "often" a condition and may not be required where the property stays densely vegetated. Council's Tree Management Officer may nominate the species, and your own choice will be considered.
Bushfire and the 10/50 rule
Council says the 10/50 Vegetation Clearing Code of Practice applies to parts of the Shire and that residents should make their own assessment. Check your address with the NSW RFS 10/50 online tool. Bushfire hazard reduction work under an RFS Hazard Reduction Certificate can be done without Council consent.
Heritage properties
Council's private-tree pages and guidelines don't set out a separate heritage-tree process. The Hills DCP Part C Section 4 (Heritage) asks for mature trees and original garden elements in a heritage setting to be identified and kept during redevelopment. If your property is a heritage item or in a heritage conservation area, call Council on 02 9843 0555 before any tree work.
Your neighbour's tree
Council can't direct a neighbour to prune or remove a tree unless there is imminent danger, and it can't step into neighbour disputes. It won't issue a permit to remove a neighbour's tree without the owner's consent. You can prune branches overhanging your property without the owner's permission, but only up to 10% of the canopy, to AS 4373 and from your own side unless the owner lets you onto their land. Council suggests an AQF Level 3 arborist. If talking to your neighbour doesn't work, LawAccess NSW (1300 888 529) can help, and the Land and Environment Court (02 9113 8200) handles claims under the Trees (Disputes Between Neighbours) Act 2006.
Street and park trees
Trees on nature strips, parks and reserves are managed by Council. Report problems to the Contact Centre on 02 9843 0555, which also has an after-hours emergency option (listen for the prompts). Removing a street tree on public land needs Council approval ($154Council fee for 1 to 3 trees, $53Council fee each extra, 2026/27). If Council approves removing or trimming a public tree for a new driveway, you arrange and pay for the contractor, and the work must be done by at least an AQF Level 3 arborist.
Penalties
Council states that removing, damaging or lopping a tree without consent breaches the Environmental Planning and Assessment Act 1979, with a maximum fine of up to $1,100,000. Misidentifying a tree is not a defence against prosecution.
What's different about The Hills
- The Hills Shire is listed as a whole local government area in the Biodiversity and Conservation SEPP's 'non-rural areas' (s 2.3). So Council's tree permit rules apply on rural and rural-residential land too, such as Dural, Glenorie and Annangrove, and the Local Land Services Act Part 5A native vegetation rules do not apply. The SEPP (Part 2.5) allows some limited clearing without a permit on primary production land in zones R5, C2, C3 and C4 (for example for fences and farm tracks).
- Council says about 55% of the Shire (around 24,000 ha) is vegetated. It includes four Critically Endangered Ecological Communities: Blue Gum High Forest, Cumberland Plain Woodland, Shale Sandstone Transition Forest and Sydney Turpentine Ironbark Forest.
- The Hills' 5 m exemption around an approved dwelling or ancillary structure is wider than most Sydney councils'. It counts garages, sheds, pools, spas and retaining walls over 600 mm, but only if they were approved by a DA or CDC.
- Six large species are exempt only while under 10 m tall: Bunya pine, hoop pine, Norfolk Island pine, camphor laurel, Monterey cypress and white cedar.
- Priority weeds in The Hills are administered by Hawkesbury River County Council, and any priority weed can be removed without a permit.
Trees common in The Hills
- Sydney red gum (Angophora costata)
- Rough-barked apple (Angophora floribunda)
- Narrow-leaved ironbark (Eucalyptus crebra)
- Broad-leaved ironbark (Eucalyptus fibrosa)
- Spotted gum (Corymbia maculata)
- Forest oak (Allocasuarina torulosa)
- River she-oak (Casuarina cunninghamiana)
Suburbs
23 The Hills suburbs we cover.
Each suburb page has local notes, jobs nearby and a link back here.
Questions
The Hills tree rules: questions.
Do I need council approval to remove a tree in The Hills?
In The Hills you need Council's consent to remove, or to prune more than 10% of, any tree with a canopy spread over 3 metres, a height over 6 metres or a trunk more than 300 mm across at the base, unless an exemption applies. The main exemptions are a published list of weed and nuisance species, fruit trees, and any tree within 5 metres of an approved house or ancillary structure (including a garage, shed, pool or retaining wall over 600 mm). These rules cover the whole Shire, including rural land around Dural and Glenorie. An application costs $170Council fee for 1 to 3 trees, plus $59Council fee for each extra tree (2026/27).
Can I prune a tree without a permit in The Hills?
You can prune up to 10% of a tree's overall canopy per growing season without a permit. Council says the work must follow AS 4373-2007 (Pruning of Amenity Trees) and be done by a professional AQF Level 3 arborist. Pruning more than 10% needs a Tree Management Application. Trees within 5 m of an approved dwelling or ancillary structure, and trees on the exempt species list, can be pruned without consent.
How much does a tree permit cost in The Hills?
This is a council fee, paid to The Hills Shire Council, not to us. Application for tree removal / lopping — 1 to 3 trees: $170.00Council fee (Fees & Charges 2026-2027 (Part 5 of The Hills Shire Plan). Paid when the Tree Management Application is lodged. Council accepts credit card and EFTPOS only (no cash or cheque).). Other council fees are listed on this page.
Can I remove a dead or dangerous tree in The Hills?
Under the SEPP no permit is needed for a tree that Council is satisfied is dead or dying and not needed as habitat, or is a risk to human life or property. The Hills requires evidence to be collected before the tree is removed. For a dead or dying tree, that means an inspection and confirmation by Council's Tree Management Officer, or photos confirmed by that officer. For a dangerous tree, it means an inspection and confirmation by the officer, or photos showing imminent danger (for example partial failure, roots heaving out of the ground, or major storm damage). Council's fact sheet says to call the Contact Centre on 02 9843 0555 to discuss the evidence needed. For storm damage, Council has special provisions; call 02 9843 0555 for immediate help. Note that a dead tree with hollows can still be a habitat tree.
Can I prune or remove the street tree outside my house?
Trees on nature strips, parks and reserves are managed by Council. Report problems to the Contact Centre on 02 9843 0555, which also has an after-hours emergency option (listen for the prompts). Removing a street tree on public land needs Council approval ($154Council fee for 1 to 3 trees, $53Council fee each extra, 2026/27). If Council approves removing or trimming a public tree for a new driveway, you arrange and pay for the contractor, and the work must be done by at least an AQF Level 3 arborist.
Sources: what The Hills council actually says
“1. A spread of more than 3 metres or; 2. A height of more than 6 metres or; 3. A trunk diameter of more than 300mm measured at the base.”
“An application is not required to prune up to 10% of the foliage of a tree per growing season.”
“Council approval is not required to prune or remove trees within 5m of an existing dwelling or ancillary structure, which has been approved through a Development Application or Complying Development Certificate, within the same lot as the tree.”
“If you are responsible for the removal, damage or lopping of a tree without Council’s consent you may be liable for a possible maximum fine of up to $1,100,000.”
Rules come from: SEPP (Biodiversity and Conservation) 2021 Chapter 2 (The Hills Shire is listed as a whole-LGA non-rural area in s 2.3); The Hills Development Control Plan 2012, Part C Section 3 Landscaping, clause 2.4 Tree Management Provisions (tree definition and exemptions); Tree Management Guidelines for Trees on Private Land (amended July 2021).
- Trees on Private Land — The Hills Shire Council
- Tree Management Guidelines for Trees on Private Land (PDF)
- Tree Management Fact Sheet (PDF)
- Tree Management Application form (PDF)
- The Hills Shire Plan 2026-2027, Part 5 Fees & Charges (PDF), pp. 32–33 and 48
- The Hills DCP 2012 Part C Section 3 — Landscaping (PDF), clause 2.4 and Appendix A
- The Hills DCP 2012 Part C Section 4 — Heritage (PDF)
- Report Tree Issues on Public Land — The Hills Shire Council
- Operational Procedures for the Management of Trees on Public Land (PDF)
- State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3 and 2.7 — NSW Legislation
Checked against The Hills Shire Council's own pages and documents on 30 September 2026. Councils change their rules and fees, usually on 1 July, so confirm with The Hills Shire Council (02 9843 0555) before any work. This page is a plain-English guide, not legal advice. Spotted something out of date? Tell us.
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