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Kenosha, WI Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

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

Key Facts

Protected tree size
3+ inches diameter at 54 inches from grade
Applies to lots
20,000+ sq ft, B-2/IP zoning, CUP or subdivider's agreement
Barricade distance
10 feet from trunk or dripline
Replacement ratio
Diameter-inch for diameter-inch removed
Late-permit surcharge
500% fee increase
Penalty
$25-$1,000 forfeiture per day
Permitting official
City Forester, Dept. of Public Works

Summary

Kenosha bars removing a protected tree, a tree three inches or more in diameter at 54 inches from grade, on qualifying lots without a Tree Protection Permit from the City Forester. The rule applies to lots of 20,000 square feet or more, lots under a Conditional Use Permit or Subdivider's Agreement, and B-2 or IP-zoned parcels.

Protected Trees shall mean a tree which has a diameter, measured at fifty-four (54) inches from grade, of three (3) inches or greater. ... This Chapter, except as otherwise provided, shall be applicable to lots and parcels of land which are:1. Twenty thousand (20,000) square feet or greater; or 2. Subject to a Conditional Use Permit; or 3. Subject to a Subdivider's Agreement; or 4. Zoned B-2 or IP; and which contain a protected tree. ... Any person, party, firm or corporation to whom this Section applies, except as herein provided, shall not remove a protected tree, build or construct any building or structure upon a lot or parcel containing a protected tree, or otherwise disturb the land upon a lot or parcel containing a protected tree without first obtaining a permit hereunder.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 11 Update 1 | Zoning Ordinance: Supplement 9).

Full Breakdown

10 governs protected trees on lots of 20,000 square feet or larger, lots subject to a Conditional Use Permit or Subdivider's Agreement, and lots zoned B-2 or IP; it does not reach garages or additions on residential lots already improved with a dwelling. No one may remove a protected tree, build or construct on a lot containing one, or otherwise disturb land on such a lot without a Tree Protection Permit from the City Forester in the Department of Public Works; an owner claiming no protected tree exists on the parcel must file an executed statement to that effect.

Applications combine with the Building Permit filing where applicable and, for qualifying lots, must include a scaled tree location survey showing every tree three inches or larger in diameter, proposed removals, transplants, setbacks, and grade changes. The Forester may approve removal only where a landscape plan shows overall environmental and aesthetic improvement, or where the tree poses a safety hazard to traffic, utilities, buildings, or otherwise blocks reasonable development of the lot. Approved permits carry mandatory field conditions: red-flagging trees to be removed, erecting post-and-rail barricades at least 10 feet from the trunk or the dripline (whichever is greater), silt barriers where erosion could damage protected trees, a ban on storing equipment, debris, or fill within the tree protection zone, and a prohibition on trenching within the dripline (tunneling is allowed only 30 inches or deeper).

Removed trees must be replaced diameter-inch for diameter-inch, with at least one replacement tree required per 2,000 square feet of unimproved lot area, and replacements must be at least 8 feet tall and 2 inches in diameter, planted per International Society of Arboriculture standards, and established before a Certificate of Occupancy issues. The permit fee is set by the Board of Park Commissioners, and jumps 500 percent if work starts before a permit is obtained.

Violations & Fines

Working without a required permit, or violating permit terms, triggers a 500 percent permit fee surcharge on top of prosecution, and the City withholds any Land Use Permit, Building Permit, Certificate of Occupancy, or required inspection until the chapter's conditions are met, or issues a stop order for the land-disturbing work. Section 34.14 sets the penalty for violating Chapter XXXIV at a forfeiture of $25 to $1,000 per offense, with each day of continued violation a separate offense, and up to 90 days in the County Jail if the forfeiture goes unpaid. Aggrieved persons may appeal an interpretation of the chapter to the Board of Park Commissioners within 15 days.

Frequently Asked Questions

What counts as a protected tree in Kenosha?
Section 34.02 defines a Protected Tree as any tree with a diameter of three inches or more measured at 54 inches above grade. Section 34.10 then regulates removal of those trees on lots of 20,000 square feet or larger, lots tied to a Conditional Use Permit or Subdivider's Agreement, and lots zoned B-2 or IP.
Do I need a permit to remove a protected tree in Kenosha?
Yes, on a qualifying lot. Section 34.10.B.1 prohibits removing a protected tree, building on a lot containing one, or disturbing land on such a lot without first obtaining a Tree Protection Permit from the City Forester, unless the removal is done by government personnel during a declared emergency.
Do I have to replace a tree I'm allowed to remove?
Yes. Section 34.10.B.7 requires diameter-inch-for-diameter-inch replacement (an 18-inch tree needs six 3-inch replacements, for example) plus at least one replacement tree per 2,000 square feet of unimproved lot, with trees established before the City issues a Certificate of Occupancy.
What happens if I remove a protected tree without a permit?
The permit fee jumps 500 percent for any work started before a permit issues, the City can withhold your Building Permit, Certificate of Occupancy, or required inspections, and a conviction under Section 34.14 carries a forfeiture of $25 to $1,000 per day of violation, with up to 90 days in jail if unpaid.

Sources & Official References

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