Waukesha, WI Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Waukesha, 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
- Governing section
- Municipal Code Sec. 22.19
- RS-1, RS-2, RS-3 districts
- Clear cutting fully prohibited
- Other zoning districts
- Clear cutting needs a conditional use permit
- Protected deciduous trees
- 5 inches or larger in caliper
- Protected coniferous trees
- 10 feet or taller
- Unapproved removal during development
- Tree must be replaced
Summary
Waukesha bans clear cutting of woodland outright in its RS-1, RS-2, and RS-3 single-family districts under Municipal Code Sec. 22.19. Everywhere else in the City, clear cutting a woodland or stripping topsoil from a site requires a conditional use permit from the Plan Commission.
No clear cutting of woodland areas shall be permitted in RS-1, RS-2, and RS-3 residential districts. Clear cutting in other districts, or removal of topsoil from properties, shall be permitted by conditional use permit only. Deciduous shade trees five (5) inches or larger in caliper and coniferous trees ten (10) feet or greater in height shall be preserved unless it is demonstrated to the satisfaction of the Plan Commission that they will unduly restrict development of the site. All deciduous trees five (5) inches or larger in caliper or coniferous trees ten (10) feet or greater in height destroyed during the development process which were not identified for destruction in the approved landscape plan shall be replaced.
Full Breakdown
19, Woodland Preservation, states it is City policy to preserve natural forest and woodland areas, and it lets the Plan Commission give a developer credit toward other site requirements for keeping existing tree stands in place. The operative restriction is direct: no clear cutting of woodland areas is permitted at all in the RS-1, RS-2, and RS-3 residential districts. In every other zoning district, clear cutting, or removing topsoil from a property, is allowed only with a conditional use permit, the same discretionary approval track used for uses like schools, churches, and utility substations elsewhere in Chapter 22.
The section also protects individual trees during development: deciduous shade trees five inches or larger in caliper and coniferous trees ten feet or taller must be preserved unless the developer demonstrates to the Plan Commission's satisfaction that keeping them would unduly restrict development of the site. 18 must be replaced. The ordinance further requires that structures and site amenities be sited to preserve the greatest number of existing trees practical, and that any replanting use a variety of species, excluding species currently under disease epidemic, that are hardy for local conditions.
18 requires a landscape plan showing every tree five inches or larger slated for removal on projects subject to site and architectural review, tree removal and clear-cutting compliance are checked together during that Plan Commission review.
Violations & Fines
Clear cutting woodland in an RS-1, RS-2, or RS-3 district, or clear cutting elsewhere without a conditional use permit, violates Chapter 22 and is enforced by the Zoning Administrator under Section 22.67, which authorizes the City, the City Attorney, or an affected neighboring owner to seek injunctive relief to stop or correct the work. Because Chapter 22 sets no separate dollar penalty, violations draw the Municipal Code's general fine under Section 25.05: $10 to $2,500 for a first offense plus costs, $100 to $5,000 for each later offense, with each day of noncompliance a separate offense.
Frequently Asked Questions
Can I clear cut my wooded lot in a Waukesha single-family district?
Do I need a permit to clear cut land outside a residential district?
What size trees does Waukesha protect during development?
What if a protected tree is destroyed during construction without approval?
Sources & Official References
Other rules in Waukesha
Compare Waukesha to another location·View the Wisconsin landscaping rules overview
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