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Walworth County, 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 Walworth County, 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 required
Zoning permit plus county-approved conservation plan
Agency review window
Up to 30 days for DNR/NRCS comment
Path/trail width cap
10 feet maximum
No-permit excavation
Under 10,000 sq ft away from lake/stream
Exempt activity
Removal of dead, diseased or insect-infested trees
Penalty
$100-$1,000 forfeiture per day of violation

Summary

In the towns under Walworth County zoning, cutting trees, clearing shrubs or moving earth requires a zoning permit and an approved conservation plan under Code § 74-41, unless the work falls into a listed exemption such as normal home landscaping, dead-tree removal or building a foundation.

These county ordinances apply to unincorporated areas of Walworth County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Tree cutting, shrubbery clearing, and earth movements shall be conducted in accordance with the county's conservation standards and, except as provided below, shall require a zoning permit and a conservation plan. ... Paths and trails shall not exceed ten feet in width and shall be so designed and constructed as to result in the least removal and disruption of natural ground cover and minimum impairment of natural beauty. The following activities shall be conducted in accordance with the county's conservation standards, but shall not require a zoning permit: ... (2)Other excavations not exceeding 10,000 square feet in area on property not abutting a lake or stream. ... (5)Removal of dead, diseased, or insect-infested trees or shrubs.

Full Breakdown

Section 74-41 makes tree cutting, shrubbery clearing and earth movement a permitted activity in the towns under Walworth County zoning only when it follows the county's conservation standards, and in most cases only after the Zoning Administrator issues a zoning permit backed by an approved conservation plan. The Administrator can require the applicant to post a surety to cover land restoration if the applicant defaults on that plan, with the amount set by the Administrator and the surety's form approved by the park and planning commission.

Before issuing a permit, the Administrator can also send the proposal to the Wisconsin DNR, the USDA Natural Resource Conservation Service, or another appropriate agency for review and comment, though that review cannot delay the permit more than 30 days. Any path or trail cut through vegetation is capped at ten feet wide and must be designed to disturb the least ground cover possible. The ordinance lists ten activities that follow the same conservation standards but do not need a separate zoning permit, among them normal excavation for a foundation, driveway, septic system, swimming pool or utility line serving a single-family or two-family home; excavations under 10,000 square feet away from a lake or stream; normal plowing for gardens and yards; routine trimming and pruning; removing dead, diseased or insect-infested trees; farming-related earth movement including sod farming; public road construction; drain tile laying; site-prep tree removal ahead of building a single-family or two-family home; and forest management activities like timber harvesting.

The section separately bans dumping waste materials such as gasoline, tars, chemicals or industrial waste in a way likely to run off or seep into surface or ground waters.

Violations & Fines

Clearing trees, shrubs or moving earth without the required zoning permit and conservation plan, or discharging waste materials so they can reach surface or ground water, is a Chapter 74 violation enforced under §§ 74-46 and 74-47. The Zoning Administrator documents the violation and refers it to the Corporation Counsel, and a court can order a forfeiture of $100.00 to $1,000.00 plus prosecution costs for each violation, with every additional day of noncompliance counted as a separate offense.

Frequently Asked Questions

Do I need a permit to cut down a dead tree in Walworth County?
No. Section 74-41(5) exempts removal of dead, diseased or insect-infested trees or shrubs from the zoning permit and conservation plan requirement that otherwise applies to tree cutting and shrubbery clearing in the towns under Walworth County zoning.
Can I excavate for a new septic system without a zoning permit?
Yes. Section 74-41(1) exempts normal excavation for structural foundations, driveways, on-site sewage disposal systems, swimming pools and utility installations serving single-family and two-family dwellings from the zoning permit that otherwise applies to earth movement under this section of the county's zoning ordinance.
How wide can I cut a walking trail through my woods?
No wider than ten feet. Section 74-41 requires any path or trail cut through vegetation to be designed and constructed to disturb the least amount of natural ground cover possible while staying within that ten-foot maximum width, and the work must otherwise follow the county's conservation standards.
Who reviews a big land-clearing project before the county issues a permit?
The County Zoning Administrator can send the proposal to the Wisconsin Department of Natural Resources, the USDA Natural Resource Conservation Service, or another appropriate agency under § 74-41, and wait for their comments before issuing the zoning permit, though that review cannot hold up the permit for more than 30 days.

Sources & Official References

Other rules in Walworth County

All Walworth County rules

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