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New Berlin, 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 New Berlin, 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

Who decides
City Forester orders removal of Public Area trees
Removal grounds
9 listed criteria: disease, hazard, nuisance, utility conflict, others
Approval needed
§185-18 approval required before a person may remove one
After removal
Stump ground out to depth suitable for replanting
Governing section
New Berlin Code of Ordinances § 185-9
Damage liability
Violator pays certified appraisal value if a tree is destroyed

Summary

New Berlin's City Forester decides when a tree growing in a Public Area comes down, acting on nine listed grounds such as disease, safety hazard, nuisance conditions or utility interference; anyone else who wants to remove, transplant or majorly alter a Public Area or right-of-way tree must first get City Forester approval.

Trees growing in Public Areas may be removed at the direction of the City Forester if, in the opinion of the City Forester, one or more of the following criteria are met:(1)The tree is infected with an insect or disease, alternative means of control are not practical and removal is the City Forester's recommended practice to prevent transmission.(2)The tree creates a Public Nuisance which represents a danger or threat to the public health, safety and welfare. ... (9)The tree interferes with utilities.B.Whenever it is necessary to remove trees and shrubs growing in Public Areas, the trees and shrubs removed shall be completely removed from the growing site and disposed of in a manner authorized by the City Forester. The stump shall be ground out to a depth suitable for future planting of trees or turf.

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

Section 185-9 of the New Berlin Code of Ordinances lets the City Forester order the removal of a tree growing in a Public Area, meaning the City's streets, boulevards, alleys, sidewalks, parks or other City-owned or leased land, whenever one or more of nine listed conditions is met: infection by insect or disease where alternatives to removal are not practical, the tree creating a Public Nuisance dangerous to health, safety or welfare, an uncorrectable safety hazard, interference with a more desirable tree's growth, aesthetic value outweighed by the benefit of removal, work improvements that would kill the tree or make it hazardous, cost-ineffective preservation when adjacent land is developed, removal called for by an approved development plan, or interference with utilities.

Once removal is ordered, Subsection B requires the tree and its debris to be completely cleared from the site and the stump ground out to a depth suitable for future planting. This section governs City-owned trees, not a homeowner's own yard trees; a person who wants to remove, transplant, move or perform a major alteration, defined in Section 185-3 as removing more than 20% of a tree's branches or mass, on a tree standing in a Public Area or the City right-of-way must first obtain City Forester approval under Section 185-18, which weighs public safety, nearby utilities, sidewalks, driveways and the health of the urban forest before signing off, and may charge a fee.

Nuisance trees on private property follow a separate notice-and-hearing track under Section 185-14, including a right to appeal an abatement order to the Common Council within 14 days.

Violations & Fines

Removing, damaging or destroying a tree in a Public Area without required approval is a violation of Chapter 185, enforced under the general forfeiture at Section 1-18 with each day of a continuing violation charged separately under Section 185-22. A violator is also liable for the cost of repairing or replacing the tree, based on a certified tree appraisal, and the parents of an unemancipated minor who damages a tree may be held liable under state law, Wis. Stat. § 895.035.

Frequently Asked Questions

Can I remove a tree growing between the sidewalk and street in New Berlin?
Only with approval. That boulevard strip is a Public Area under Chapter 185, so removing, transplanting or majorly altering the tree there requires sign-off from the City Forester under Section 185-18, and the City Forester independently decides whether a Public Area tree should come down under the nine criteria in Section 185-9, such as disease or hazard.
What can get a City-owned tree in New Berlin removed?
Section 185-9 lists nine grounds, including untreatable insect or disease infection, a Public Nuisance danger to health or safety, a hazard that pruning cannot fix, interference with a more desirable tree or with utilities, and removal called for by an approved development plan. The City Forester decides which grounds apply.
What happens after a public tree is removed?
Section 185-9B requires the tree and shrub debris to be completely cleared from the site, and the stump ground out to a depth suitable for future planting of a replacement tree or turf, so the boulevard is left ready for restoration rather than a standing stump.

Sources & Official References

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