Chopping a tree down in my yard

[Rabaelthazar]

I vaguely remember this being discussed within another thread some time back, but couldn't find anything using the search engine. Please feel free to link me to previous topics if you remember them or answer afresh.

Basically, I know it is illegal to chop down a tree in my own yard. My questions are:

What constitutes a "tree"; and

Why is it illegal to cut down a tree on your own property?

We had a pretty full on storm in Melbourne a couple of nights ago and a small tree (trunk about 3" diameter and about 6' tall) in my side passage was damaged and blocking our access. Simple solution... I chopped it down, pulled out the root system and broke the tree into pieces that would fit in my green waste disposal bin (unfortunately it was of no ethnobotanical value).

Did I break a law? Should I have paid an arborer to come and do what I was able to do safely in half an hour? We're not talking about a 20' oak tree.

Second part of the question is what's the reason for the law? Is it a safety thing? Is it about maintaining a particular level of plant material? What's the deal?

Any answers appreciated.

[Bongchitis]

It depends on the council but generally you can trim a tree less than 10m tall with no worries.... and if it fell over in a storm then are they going to sue Thor?

Sounds like it was closer than 3m to your dwelling too which constitutes a case for removal but I suppose asking after the fact is frowned upon.

Don't worry unless you get a letter or a knock on the door. In the mean time if you are still antzy, fill the hole and get rid of all evidence and play dumb....What tree sir?

[tripsis]

Councils around here at least have a certain percentage of green that needs to be maintained, for the aesthetics of the area.

[J Smith]

I don't like chopping trees but sometimes ya gotta. Never had a problem with the law or the neighbours. I don't know what the law says and it's most definitely different between councils anyway. I reckon as long as you aren't razing the place and you aren't chopping a popular tree then you should be ok with the neighbors and the council would never know. Even more so if it is unsafe or fallen.

[Rabaelthazar]

Thanks all for the replies.

I'm not concerned in the slightest about it being discovered post-fact, more curious about the reasons behind the laws. I'll give my council a buzz during the week to find out specifics for my area.

Cheers.

[Marcel]

My council requires permission if it's a tree over 3 metres unless it's a plant on their target weeds species, in which case you can just chop the fucker down without approval.

[Torsten]

Trees are protected because they add to the amenity of the suburb. if they weren't people would chop most of them down for views or for keeping the gutters clean. There is a reason why leafy burbs are more expensive. So the tree on your property isn't just yours, it is also the amenity and the fresh air for your neighbours.

Some councils are pretty harsh and won't give any leeway, but if you have a good reason you can always apply for a DA. There are also provisions where imminent danger is an excuse, but the burden of proof is usually on you.

My council has a tree presevation order that only allows weeds and trees up to 3m to be cut. we need to apply for any other removals. such removals are usually granted, but may include requirements to plant a similar tree nearby.