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Middleton, WI 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 Middleton, 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

Permit issuer
City Forester
Applies to
Trees/shrubs in public places, terraces
Grounds for permit
Disease, damage, hazard, or property detriment
Stump removal depth
At least 9 inches below grade
Penalty
Forfeiture under § 30.04, each day separate

Summary

The City of Middleton requires a written permit from the City Forester before anyone plants, injures, trims, removes, or destroys a tree or shrub located in or upon a public place, including street terraces and boulevards fronting private homes. Permits issue only for disease, damage, hazard, or serious property detriment. Violators face forfeitures under Section 30.04 plus abatement costs, assessed daily per violation.

No person, firm, organization or corporation shall plant, injure, trim, remove or destroy any tree or shrub located in or upon any public place, until a permit shall have been issued by the City Forester. Such permit shall be issued only when the removal, trimming or cutting of the tree or shrub is necessary as determined by the City Forester, because of disease, damage, hazardous condition, and/or location, or it location is such that substantial detriment is done to the property upon which the tree or shrub stands, or property abutting the same. ... Any person who violates any provision of this Ordinance shall be subject to a penalty as prescribed by Section 30.04 of this Code, and shall have the costs of abatement or correction assessed as an additional penalty. Each day such violation continues shall be considered a separate offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

02(9) to include public ways, parks, and other City-owned or leased land, which reaches the terrace strip between the curb and the sidewalk in front of most Middleton homes. 07(3), Private Removal, no person, firm, organization, or corporation may plant, injure, trim, remove, or destroy any tree or shrub located in or upon a public place until the City Forester issues a written permit. The Forester will grant that permit only when removal, trimming, or cutting is necessary because of disease, damage, a hazardous condition, or a location causing substantial detriment to the property the tree stands on or an abutting property.

The permit must state the exact premises and location of the tree. 07(2) governs how a removed tree must be handled: the stump has to be grubbed or ground out to at least nine inches below grade, all wood and debris cleared from the street by the end of the working day, and the hole backfilled to grade with topsoil as soon as practicable. 03(2), the Forester can only order removal of a private tree that is a declared 'public nuisance,' after 30 days' written notice to the owner, with a right to contest the abatement charge before the Board of Park, Recreation and Forestry Commissioners. 08.

Violations & Fines

Removing, damaging, or destroying a public-area tree without a City Forester permit violates Chapter 20 and is punishable under the general forfeiture schedule at Section 30.04, with the cost of any City abatement or correction added as a separate penalty. Section 20.09 treats each day a violation continues as a separate offense, and the City may also seek restitution for the fair market value of any tree or shrub damaged or destroyed.

Frequently Asked Questions

Do I need a permit to remove a tree on my own private property in Middleton?
Only if the City Forester has declared it a public nuisance under Section 20.03(2), such as a diseased or hazardous tree. Ordinary removal of a healthy tree fully inside your own yard is not permit-gated; the permit requirement in Section 20.07(3) targets trees standing in a public place, including the street terrace in front of your lot.
What counts as a 'public place' tree under Chapter 20?
Section 20.02(9) defines 'Public Area' as all public ways, parks, and lands owned or leased by the City, which includes the terrace between the curb and sidewalk that fronts most residential lots even though homeowners maintain it. A tree standing there is a City tree, so removing it requires the City Forester's written permit.
What happens if I remove a terrace tree without a permit?
You are subject to the forfeiture set under Section 30.04 of the Municipal Code, plus the City can bill you for abatement or correction costs as an additional penalty. Section 20.09 makes each day the violation continues a separate offense, and the City may seek restitution for the tree's fair market value.

Sources & Official References

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Tree Removal & Heritage Trees in Nearby Cities

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