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Berwyn, IL Landscaping Rules: Tree Removal & Heritage Trees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Tree removal permit rules in Berwyn, IL, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Owner duty
Remove overhanging trees and dead or broken overhanging limbs
Deadline
Set in the city's written notice, by tree condition
City default remedy
City removes tree and charges the owner
State or county highway trees
Director consent plus Council approval before permit
Chapter 1028 permit life
Expires 60 days after issuance
Dead parkway tree
City removes and replants at no charge

Summary

In the City of Berwyn, Illinois, owners must remove trees and dead or broken limbs that overhang a sidewalk, street, alley or public highway, on a deadline the city sets in a written notice. Removing a tree along a state or county highway needs city consent and Council approval.

(A) The owner of a lot or parcel of land in the city shall remove all trees thereon which overhang a sidewalk, street, alley or public highway and all dead, decayed or broken limbs or branches that overhang a sidewalk, street, alley or public highway. ... The city shall notify, in writing, the owner of the tree. Removal may be done by the owner, at his or her expense, within a reasonable amount of time, depending upon the condition of the tree, which time will be stated in the written notice from the city to the owner. If the owner fails to comply with the notice, the city may have the tree removed and the cost of removal may be charged to the owner. (B) Prior to the issuance of a permit to remove a tree along a state or county highway, the consent of the city for the removal must first be obtained from the Director of Public Works. An application for the consent shall be made to the Director and shall be approved by Council before the permit is issued.

Full Breakdown

Section 1028.04 of the Berwyn Code of Ordinances puts the removal duty on the owner of a lot or parcel. The owner must remove trees that overhang a sidewalk, street, alley or public highway, and all dead, decayed or broken limbs or branches over those spaces. For a diseased or dead tree, the owner can remove it so it does not become a hazard to life and property or a threat to other trees in the city. The city starts the process by notifying the owner of the tree in writing. Removal is at the owner's expense, within a reasonable amount of time that depends on the condition of the tree and is stated in the notice. If the owner ignores the notice, the city can have the tree removed and charge the cost to the owner.

A tree along a state or county highway has an extra step under § 1028.04(B). Before the permit to remove it is issued, the Director of Public Works must give the city's consent, the application for consent goes to the Director, and Council must approve it before the permit issues.

Trees on city land are protected. Section 1028.10 says no person can remove, destroy, deface or trim any tree growing in a parkway or on other city property, and § 1028.18(D)(1) makes it unlawful to remove or injure any tree on public property without first obtaining a Tree Permit from the City of Berwyn. Anyone in the business of pruning, treating or removing street trees or park trees needs an annual license under § 1028.17. A permit under the chapter must describe the work and expires 60 days after issuance (§ 1028.16), and stumps must be taken out below ground level (§ 1028.06).

Chapter 1030 covers parkway trees the city removes. Under § 1030.01 the city removes a dead parkway tree and plants a new one at no charge to the premises owner once the Director of Public Works and other designated employees certify it dead. Under § 1030.02 a line tree that has substantially damaged the sewer line can be removed only after every possible root remedy has been reasonably applied, and the cost of removal, replacement and planting is split equally between the owner and the city.

Violations & Fines

Ignoring a written removal notice lets the city remove the tree and charge the owner the cost. Chapter 1028 has no separate criminal penalty, so § 1028.99 applies the general penalty in § 202.99: a fine of not more than $2,000 for each violation, with each day a separate offense. Cutting a parkway tree without a permit falls under § 1028.10 and § 1028.18(D).

Frequently Asked Questions

Do I have to remove a tree that hangs over the sidewalk in Berwyn?
Yes. Section 1028.04(A) requires the owner of a lot or parcel to remove trees that overhang a sidewalk, street, alley or public highway, and all dead, decayed or broken limbs over those spaces. The city sends a written notice stating how long the owner has to comply.
What happens if I ignore the city's removal notice?
If the owner fails to comply with the notice, the city can have the tree removed and charge the cost of removal to the owner. The deadline is stated in the written notice and depends on the condition of the tree. The general $2,000 per violation penalty in § 202.99 also applies.
Who pays to remove a dead tree in the parkway?
The city does. Section 1030.01 says the city removes any dead tree in a parkway and plants a new tree at no charge to the owner of the premises. The Director of Public Works and other designated municipal employees must first certify that the tree is dead.
Who pays when a parkway tree roots damage my sewer line?
Under § 1030.02 a line tree can be removed only if the tree and its roots cause substantial damage that takes the sewer line out of service, and only after every possible root remedy has been reasonably applied. The cost of removal, the new tree and planting is divided equally between the owner and the city.
Can I cut down a tree on a state or county road in Berwyn?
Not without the city's consent first. Under § 1028.04(B), the consent must be obtained from the Director of Public Works before the removal permit is issued, and the application for consent must be approved by Council before the permit issues.

Sources & Official References

Other rules in Berwyn

All Berwyn rules

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