Where can you build Flood mitigation works in NSW?
“Flood mitigation works” is a defined term in the NSW planning system, and every council’s Local Environmental Plan decides which zones allow it. Across 147 council LEPs it is permitted in 31 zones and prohibited in 31.
Zone by zone, across 147 NSW councils
Each row counts councils, not properties. “Without consent” means no application is needed; “with consent” means a development application. “Can’t say” is not a ban — those councils have not addressed this use in that zone at all.
| Zone | Without consent | With consent | Prohibited | Can’t say | Councils with this zone |
|---|---|---|---|---|---|
| E4 General Industrial | 5 | 110 | 9 | — | 124 |
| E1 Local Centre | 4 | 108 | 9 | — | 121 |
| R5 Large Lot Residential | 4 | 87 | 15 | — | 106 |
| RU5 Village | 3 | 87 | 10 | — | 100 |
| RU1 Primary Production | 3 | 86 | 18 | — | 107 |
| E3 Productivity Support | 3 | 84 | 8 | — | 95 |
| R1 General Residential | 2 | 83 | 12 | — | 97 |
| MU1 Mixed Use | 2 | 77 | 8 | — | 87 |
| RE2 Private Recreation | 4 | 73 | 48 | — | 125 |
| RE1 Public Recreation | 11 | 61 | 62 | — | 134 |
| C3 Environmental Management | 4 | 53 | 28 | — | 85 |
| E2 Commercial Centre | 2 | 55 | 8 | — | 65 |
| R2 Low Density Residential | 1 | 56 | 30 | — | 87 |
| R3 Medium Density Residential | — | 55 | 19 | — | 74 |
| C2 Environmental Conservation | 3 | 41 | 47 | — | 91 |
| RU2 Rural Landscape | 1 | 42 | 6 | — | 49 |
| RU4 Primary Production Small Lots | — | 42 | 12 | — | 54 |
| W1 Natural Waterways | 2 | 36 | 25 | — | 63 |
| C4 Environmental Living | 2 | 32 | 27 | — | 61 |
| W2 Recreational Waterways | 1 | 31 | 27 | — | 59 |
| SP3 Tourist | — | 28 | 22 | — | 50 |
| E5 Heavy Industrial | — | 23 | 3 | — | 26 |
| R4 High Density Residential | — | 22 | 8 | — | 30 |
| W4 Working Waterfront | — | 16 | 7 | — | 23 |
| SP4 Enterprise | 1 | 12 | 1 | — | 14 |
| RU6 Transition | — | 12 | 2 | — | 14 |
| SP2 Infrastructure | 1 | 11 | 122 | 1 | 135 |
| RU3 Forestry | 1 | 10 | 70 | — | 81 |
| SP1 Special Activities | 1 | 6 | 71 | — | 78 |
| W3 Working Waterways | — | 5 | 5 | — | 10 |
| SP5 Metropolitan Centre | — | 1 | — | — | 1 |
| C1 National Parks and Nature Reserves | — | — | 123 | — | 123 |
How those answers were reached. 841 of the “prohibited” answers and 704 of the “with consent” answers come from the zone’s catch-all row — the scheme does not name this use in that zone, but it says what happens to everything it has not named. That is a real answer, not a guess, and it is the reason a count of explicit listings would tell you the opposite in some zones.
What this page cannot tell you
Which zone your land is in, and whether your project is characterised as a flood mitigation works in the first place. The first is a question about an address; the second is a planning judgement. Check an address for the zone and the overlays on it.
Frequently asked questions
Are flood mitigation works allowed in every council in New South Wales?
No. Each council’s Local Environmental Plan has its own land use table, and they differ. This page counts, zone by zone, how many of the 147 NSW council LEPs permit it, prohibit it, or say nothing either way.
My zone shows a number under “Can’t say” — what does that mean?
It means those councils neither name this use in that zone nor have a catch-all row covering everything they have not named. It is not a ban and it is not permission. Only an explicit listing in the prohibited rung, or a catch-all that prohibits, is a prohibition.
Does this tell me whether my project counts as flood mitigation works?
No, and that is deliberate. Deciding which defined term your project is called is a planning judgement, not something this page can do for you. Search your address for the zone, then talk to a planner about how the project is characterised.
Sources
General guidance only — not professional planning advice. Land use tables change as councils amend their LEPs; always confirm against the current instrument for your land.
Talk to a town planner in New South Wales
This page covers the general rules. A qualified town planner can tell you what applies to your actual block — the zone, the overlays and the approval path — before you spend money on drawings.
- Qualified, practising town planners
- Advice on your property, not a generic rule
- No cost, no obligation