Winnebago County, WI Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Winnebago 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
- General rule
- No removal in required buffer yard
- Exceptions
- Dead, dying, hazardous, or invasive only
- Replacement
- New planting required if tree counted
- Citation
- Winnebago County Code § 23.8-242(a)
- Scope
- Town-adopted areas only, not cities
Summary
Winnebago County's zoning code bars removing trees and shrubs inside a required buffer yard except for dead, dying, hazardous, or invasive plants, and requires replacement planting when a counted landscaping tree is removed.
(a) Removal of trees and shrubs within a buffer yard. Trees and shrubs within a required buffer yard shall not be
removed, except as follows:
(1) A dead or dying tree or shrub may be removed when it poses a threat to public health and safety.
(2) An invasive tree or shrub may be removed.
If a tree or shrub is removed and the tree or shrub is counted towards meeting a landscaping requirement contained in this chapter, a new plant shall be planted in the buffer yard to compensate for the loss.
(b) Removal of a tree or shrub within a defined open space area. Trees and shrubs within an area set aside as open space shall not be removed except as follows:
(1) A dead or dying tree or shrub may be removed when it poses a threat to public health and safety.
(2) The removal of trees and shrubs is done consistent with a landscape management plan as prepared by a registered landscape architect, an arborist, or a forester and as approved by the zoning administrator.
Full Breakdown
Under Winnebago County Code § 23.8-242(a), trees and shrubs inside a zoning-required buffer yard may not be removed, except a dead, dying, or hazardous plant, or an invasive species. If the removed plant counted toward the chapter's landscaping requirement, a replacement must be planted in the buffer yard. A companion rule, § 23.8-242(b), protects trees and shrubs inside a designated open-space area, allowing removal only for the same safety reason or under a landscape management plan approved by the zoning administrator. The protection applies only in towns that have adopted the county's general zoning ordinance under Wis. Stat. § 59.69.
Violations & Fines
Removing protected buffer-yard trees without an exception is a zoning violation under § 23.14-9: forfeiture plus prosecution costs, up to 6 months in jail for nonpayment, and each day of continued violation is a separate offense.
Frequently Asked Questions
Can I cut down a tree in my required buffer yard in Winnebago County?
Does the buffer-yard tree rule apply in Oshkosh?
Sources & Official References
Other rules in Winnebago County
Compare Winnebago County to another location·View the Wisconsin landscaping rules overview
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