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Burlington, WI Landscaping Rules: Tree Trimming (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Required clearance
9 feet above sidewalk/street
Classification
Nuisance affecting peace & safety
Enforcers
Police Chief, Fire Chief, Building Inspector
City remedy
City may cut and bill owner (§227-8)
First-offense forfeiture
$5-$500

Summary

Burlington City Code § 227-5E declares any tree limb hanging less than nine feet above a public sidewalk, street or other public place a public nuisance affecting peace and safety. Owners must keep branches trimmed above that clearance or face a Chapter 227 abatement order and fine.

E. Tree limbs. All limbs of trees which project over and less than nine feet above any public sidewalk, street or other public place. ... Any person who shall violate any provision of this chapter, or permit or cause a public nuisance, shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Section 227-5 lists nuisances affecting public peace and safety, and Subsection E targets overhanging branches directly: any limb projecting over and less than nine feet above a public sidewalk, street or other public place is a nuisance regardless of intent. The same subsection sits alongside § 227-5D, obstruction of intersections by trees and hedges, showing the City treats low or blocking vegetation as a safety hazard rather than a mere aesthetic complaint. Enforcement runs through § 227-7: the Chief of Police, the Fire Chief and the Building Inspector must inspect the tree and confirm the nuisance before an abatement order issues.

An imminent-danger limb can be ordered removed immediately without prior notice under the summary abatement power; an ordinary low limb gets a written order requiring correction within a stated time, not less than 30 days, served personally, by mail, or by posting and publication if the owner cannot be found. If the owner does not trim the limb, § 227-8 lets the City remove it and collect the abatement cost from the owner as a debt or, if notice was given, as a special assessment against the real estate.

On top of the abatement cost, § 227-12 exposes the property owner to the Chapter 1, § 1-4 general forfeiture for the underlying nuisance violation.

Violations & Fines

Ignoring a low-limb abatement order lets the City enter, cut the branch, and bill the owner directly or through a special property assessment under § 227-8. Independently, § 227-12 subjects any Chapter 227 violation to the Chapter 1, § 1-4 forfeiture: five to five hundred dollars for a first offense and ten to one thousand dollars for a repeat offense within a year, plus prosecution costs and possible jail for nonpayment.

Frequently Asked Questions

How low can a tree branch hang over a Burlington sidewalk?
§ 227-5E sets the bar at nine feet: any tree limb projecting over and less than nine feet above a public sidewalk, street or other public place is declared a public nuisance affecting peace and safety, whether or not it has caused an accident.
Who decides if my tree is a nuisance?
Under § 227-7A the Chief of Police, the Fire Chief or the Building Inspector must inspect the tree and confirm the low limb actually exists and endangers the public before the City can issue a written abatement order to the owner.
What happens if I don't trim the limb after notice?
The City can enter the property and cut the limb itself, then recover its abatement cost from the owner as a debt or as a special assessment against the real estate under § 227-8, in addition to any court-ordered forfeiture.
Is there a fine on top of the trimming cost?
Yes. § 227-12 makes violating any Chapter 227 nuisance provision, including the tree limb rule, punishable by the Chapter 1, § 1-4 forfeiture of five to five hundred dollars for a first offense and up to one thousand dollars for a repeat violation within a year.

Sources & Official References

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