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Fitchburg, WI Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Clearance duty
Kept trimmed for safe overhead clearance
Applies to
Trees/shrubs on or overhanging public ways
Waiver available for
New trees found not to endanger safety
Who decides waiver
City forester
Trimming itself needs
Written permit under Sec. 54-105
First-offense penalty
$25 to $500 forfeiture

Summary

Fitchburg, Wisconsin requires trees and shrubs that stand in or overhang a public way to be kept trimmed for safe overhead clearance under City Code Section 54-106(d). The city forester can waive the clearance requirement for newly planted trees found not to interfere with safe travel or public safety.

(d)Trimming. Trees and shrubs standing and/or overhanging any public way shall be kept trimmed so that the lowest branches provide a safe overhead clearance. The city forester may waive this requirement for newly planted trees upon determining that any such tree or shrub will not interfere with safe public travel, or endanger public safety.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Section 54-106(d) of the Fitchburg City Code, Dane County, Wisconsin, requires that trees and shrubs standing on or overhanging any public way be kept trimmed so the lowest branches leave a safe overhead clearance for pedestrians, cyclists and vehicles moving along the street or sidewalk. The duty applies whether the tree sits in the terrace, on private property but overhanging the right-of-way, or elsewhere in a public area, and it runs continuously rather than only at planting time. The city forester holds discretion to waive the clearance standard for newly planted trees, but only after determining the tree will not interfere with safe public travel or endanger public safety, so a waiver is tied to an affirmative safety finding rather than automatic for young trees.

The same section works alongside Section 54-78, which lets the forester act directly on any public tree or shrub that constitutes a nuisance, including one that interferes with the use of public areas, and alongside Section 54-105's permit requirement: because trimming a public tree is itself permit-controlled work, a resident cannot simply cut back overhanging branches without first getting the forester's written authorization, even to fix a clearance problem the code identifies. Section 54-107 separately bars anyone from breaking, injuring or mutilating a tree or shrub without the owner's or occupant's permission, so a trim performed to satisfy the clearance rule still must avoid unnecessary damage to the tree.

Violations & Fines

Letting a tree or shrub block safe overhead clearance over a Fitchburg public way, or trimming one without the forester's permit required by Section 54-105, is a Chapter 54 violation. The general penalty under Section 1-21 applies: $25 to $500 for a first offense, $50 to $1,000 for repeat offenses within a year, plus prosecution costs, in city municipal court.

Frequently Asked Questions

Who is responsible for trimming a tree that overhangs a Fitchburg sidewalk?
Section 54-106(d) puts the duty on whoever controls the tree or shrub, requiring it be kept trimmed so the lowest branches leave a safe overhead clearance. This applies to trees in the terrace and to private trees whose branches overhang the public way.
Can a newly planted tree be exempt from the clearance rule?
Yes, but only if the city forester determines the young tree will not interfere with safe public travel or endanger public safety. Section 54-106(d) makes the waiver discretionary and tied to that specific safety finding, not automatic.
Can I trim overhanging branches myself to meet the clearance rule?
Not without authorization. Section 54-105(a) requires a written permit from the city forester before anyone trims, cuts or prunes a tree or shrub in a public way, even when the trim is meant to fix a clearance problem under Section 54-106(d).

Sources & Official References

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