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Burlington, WI Tree Protection: Parkway Planting (2026)

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

Key Facts

Planting ratio
1 tree per 50 feet of street frontage
Minimum tree height
10 feet at planting
Administering body
Park Board approves species and timing
Fee-in-lieu option
Tree fee set by Common Council, § 278-82
Penalty for violation
$100 to $1,000 forfeiture per § 278-14

Summary

Burlington requires subdividers to plant at least one street tree for every 50 feet of dedicated street frontage in every new subdivision or minor land division. Trees must stand at least 10 feet tall at planting and match a species approved by the Park Board. A subdivider who skips planting instead pays a tree fee the Common Council sets, and the Park Board plants the trees later.

In all urban subdivisions or minor land divisions, the subdivider shall plant at least one tree of an approved species and of at least 10 feet in height for each 50 feet of frontage on all streets proposed to be dedicated. Tree planting shall be completed in accordance with any neighborhood plan, or component thereof, and with plans and specifications approved by and at such time as directed by the Park Board. The placement and selection of street trees, however, should not hamper or interfere with solar access to natural light and air for nearby lots. In lieu of planting street trees, the subdivider may pay a tree fee as set by the Common Council. The Park Board shall use the tree fee to plant trees in the subdivision or minor land division subsequent to approval of the final plat.

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

City Code § 278-65 governs street tree planting in new subdivisions and certified survey maps citywide. Under the ordinance, a subdivider in an urban subdivision or minor land division must plant at least one approved-species tree of at least 10 feet in height for every 50 feet of street frontage along every street proposed for dedication to the City. Planting has to follow any applicable neighborhood plan and match plans and specifications the Park Board approves, and it must happen at the time the Park Board directs, not whenever the subdivider prefers.

The ordinance also builds in a solar-access check: placement and species selection cannot hamper or interfere with solar access to natural light and air for nearby lots, so a subdivider cannot simply plant a dense row of tall evergreens along every lot line. A subdivider who does not want to plant the required trees can instead pay a tree fee set by the Common Council under § 278-82, calculated per tree that would otherwise have been required under § 278-65. The City Clerk collects that fee at the time of first application for final plat approval, and the Park Board then uses the money to plant trees in the subdivision after the final plat is approved, so the trees still go in, just on the City's schedule rather than the developer's.

The Plan Commission administers this fee-in-lieu option alongside related subdivision improvement fees. Because this requirement sits in the subdivision chapter, it applies at the plat-approval stage of new development, not to established residential streets citywide.

Violations & Fines

Chapter 278's general penalty clause, § 278-14, applies here: any subdivider who violates the street tree planting requirement forfeits not less than $100 nor more than $1,000 plus prosecution costs for each offense, with every day the violation continues counted as a separate offense. Default in paying the forfeiture and costs can bring county jail time of up to six months. The City may also withhold final plat approval until the planting or tree fee obligation is satisfied.

Frequently Asked Questions

Does Burlington require street trees in every new subdivision?
Yes. City Code § 278-65 requires subdividers creating an urban subdivision or minor land division to plant at least one approved-species street tree, at least 10 feet tall, for every 50 feet of frontage on each street proposed for dedication. The Park Board approves the planting plan and its timing, and placement cannot block solar access to nearby lots.
Can a developer pay a fee instead of planting street trees?
Yes. Under § 278-82, if a subdivider skips planting under § 278-65, the Plan Commission requires a tree fee set by the Common Council for each tree that would otherwise be required. The City Clerk collects it with the final plat application, and the Park Board later plants the trees itself.
What happens if a subdivider ignores the street tree requirement?
The general subdivision penalty in § 278-14 applies: a forfeiture of $100 to $1,000 plus prosecution costs per offense, with each day of noncompliance treated as a separate offense, and up to six months in county jail for failing to pay. The City can also condition final plat approval on compliance.

Sources & Official References

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