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New Berlin, WI Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Street clearance
14 feet minimum above streets
Truck-route clearance
16 feet minimum above truck thoroughfares
Sidewalk clearance
10 feet minimum above sidewalks and paths
Waiver
City Forester may waive for newly planted trees
Governing section
New Berlin Code of Ordinances § 185-8
Enforcement
Daily forfeiture under § 1-18, separate offense per day

Summary

New Berlin requires trees in public areas to be pruned so limbs and branches keep a minimum 14-foot clearance above streets, 16 feet above truck thoroughfares, and 10 feet above sidewalks and paths, with the City Forester able to waive the standard for newly planted trees that do not interfere with travel or safety.

Trees shall be maintained to prevent the creation of a hazard because of growth, age, condition or disease or obstruction of streets, signs, signals or intersections. Limbs and branches shall be maintained to provide a minimum clearance of 14 feet above streets, except truck thoroughfares which shall have a minimum clearance of 16 feet, and ten feet above sidewalks and paths. The City Forester may waive the requirements of this subsection for newly planted trees if the trees do not interfere with 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: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 185-8 of the New Berlin Code of Ordinances governs maintenance of trees growing in the City's Public Areas, defined elsewhere in Chapter 185 to include streets, boulevards, sidewalks, alleys and other City-owned or City-leased land. " The City Forester, appointed by the Mayor under Section 185-4 and trained in municipal arboriculture, may waive this clearance requirement for newly planted trees when the tree does not interfere with public travel or endanger public safety, recognizing that a young tree cannot immediately meet the mature-canopy standard.

Responsibility for meeting the clearance runs with whoever controls the tree: Section 185-2 makes clear that owners of private property abutting a street area must keep any tree, shrub or plant on that area from becoming a hazard or impediment to travel or vision, even though the chapter's disclaimer clause shields the City itself from liability for tree conditions. Work that brings a tree into compliance, including pruning to restore the 14-foot and 10-foot clearances, still requires City Forester approval under Section 185-18 if the tree sits in a Public Area or the City right-of-way, and major alterations, defined as removing more than 20% of a tree's branches or mass, receive the same scrutiny as full removal.

Violations & Fines

Failing to maintain the required 14-foot street, 16-foot truck-route, or 10-foot sidewalk clearance is enforced as a violation of Chapter 185 under Section 185-22, punishable by the general forfeiture set at Section 1-18 of the Municipal Code, with each day the low clearance continues counted as a separate offense. The City Forester may also issue a written order requiring correction of the encroachment.

Frequently Asked Questions

How much clearance does a tree need over a New Berlin street?
Section 185-8C requires a minimum of 14 feet of clearance above ordinary streets, rising to 16 feet above truck thoroughfares, and 10 feet above sidewalks and paths. The requirement applies to trees growing in the City's Public Areas, including boulevard strips and the City right-of-way in front of homes, and it exists to keep limbs clear of vehicles, trucks and pedestrians.
Who is responsible for trimming a boulevard tree to the required height?
The property owner adjoining the boulevard is expected to keep any tree on that strip from becoming a hazard, per Section 185-2's disclaimer language, but any actual pruning, removal or major alteration of a Public Area tree needs City Forester approval first under Section 185-18. Owners cannot simply cut a City tree on their own initiative.
Does a newly planted tree have to meet the 14-foot clearance right away?
Not necessarily. Section 185-8C lets the City Forester waive the clearance standard for newly planted trees, as long as the young tree does not interfere with public travel or create a safety hazard while it grows into the required canopy height.

Sources & Official References

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