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Milton, 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 Milton, 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

Public tree removal
written director permission required (§26-78(a))
Topping ban
unlawful except storm-damage exception (§26-78(c))
Private nuisance notice window
24 hours to 14 days (§26-80(c))
Uncorrected removal
city bills cost as special charge
Appeals
heard by common council (§26-83)

Summary

It is unlawful to damage or remove a public tree in Milton without the public works director's written permission under § 26-78(a). On private property, a tree the director finds diseased, dead, or hazardous is declared a nuisance under § 26-80(a), and the owner must remove or treat it at their own expense.

(a)It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director. ... Any tree, or limb thereof, on private property determined by the director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the city may require its treatment or removal.

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 21 Update 2).

Full Breakdown

Article VI of Chapter 26 protects trees on municipal streets, rights-of-way, city parks, and other public property. Section 26-78(a) makes it unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director, and § 26-78(b)-(c) separately bans attaching wires or signs to a public tree or topping it, except where storms leave best-pruning practices impractical. Anyone doing construction near a public tree must consult the director and follow the International Society of Arboriculture's Managing Trees During Construction practices under § 26-78(d).

On private land, § 26-80(a) lets the director declare a tree a nuisance if it has contracted a lethal, communicable disease or insect, is dead or dying, blocks sightlines to traffic signs or pedestrians, or threatens public safety. Under § 26-80(b)-(c), the owner has the duty, at their own expense, to remove or treat it once the director gives written notice, served personally or posted on the tree; the notice sets a deadline of not less than 24 hours nor more than 14 days depending on the danger, and if the owner misses it, the director's crew removes or treats the tree and bills the full cost as a special charge against the property.

Violations & Fines

Damaging or removing a public tree without written permission, topping a public tree, or ignoring a director's removal notice for a nuisance tree draws a forfeiture under § 26-82, set at the general penalty schedule in § 1-14, with each violation of § 26-78 separately punishable and carrying added mitigation value for the tree removed or damaged. Uncorrected private nuisance trees are removed by the city and billed to the owner as a special charge on the property.

Frequently Asked Questions

Can I cut down a tree in the street terrace in front of my house?
Not without permission. Section 26-78(a) makes it unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director, even though the tree sits in front of your lot.
What if the city says my private tree is diseased or hazardous?
Section 26-80(a) lets the director declare a diseased, dying, or hazard-creating tree a nuisance, and § 26-80(c) requires you to remove, trim, or treat it at your own expense within a deadline the director sets, from 24 hours up to 14 days depending on the danger.
What happens if I miss the deadline on a nuisance-tree notice?
The director's crew removes, treats, or trims the tree for you, and the full cost is reported as a special charge against your property under § 26-80(c); you can appeal the director's decision or any penalty imposed to the common council under § 26-83.

Sources & Official References

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