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Fitchburg, WI Tree Protection: Parkway Planting (2026)

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

Key Facts

Spacing between parkway trees
35 feet minimum, forester may vary
Curb/sidewalk buffer
2 feet minimum from curbline or sidewalk
Minimum trunk diameter
1 1/12 inch, measured 12 inches above grade
Vision plane at intersections
30 inches high, two 45-foot legs
Enforcing official
City forester (parks and forestry manager)
First-offense penalty
$25 to $500 forfeiture, Sec. 1-21

Summary

In Fitchburg, Wisconsin, the city forester decides where every tree or shrub goes in a public way, terrace or park under City Code Chapter 54. Section 54-106 sets a 35-foot spacing rule between parkway trees, a two-foot buffer from any curb or sidewalk, and a minimum trunk diameter, so residents cannot simply plant a tree in the terrace on their own.

(a)Public plantings. The city forester shall determine the placement of any trees and shrubs which are to be planted in any public way or public area as well as the best suited species for any particular planting site with respect to:(1)Growth habits, shape, form, health, disease and pest resistance;(2)Conflicts with wires, lights, pavements, traffic, pedestrians, sewers, water mains; and(3)Space availability. ... (c)Placement of trees. A minimum distance of 35 feet shall be maintained between trees in public ways, unless otherwise authorized by the city forester after considering site circumstances and plant species. Trees planted within public ways shall be at least 1 1/12 -inch diameter, measured 12 inches above grade. Trees shall not be planted closer than two feet from any established or proposed curbline or from the inner line of any established sidewalk or proposed sidewalk.

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

Chapter 54, Article III of the Fitchburg City Code (Dane County, Wisconsin) puts every planting decision for the public right-of-way in the hands of the city forester, defined at Section 54-50 as the city parks and forestry manager or a qualified designee. Under Section 54-104(a), the forester alone determines where a tree or shrub goes and which species fits the site, weighing growth habits, conflicts with wires, pavement, sewers and water mains, and available space. Section 54-106 layers on the physical standards: parkway trees must stand at least 35 feet apart unless the forester authorizes tighter spacing for a particular site and species, each tree must measure at least 1 1/12-inch diameter measured 12 inches above grade, and no tree may go in closer than two feet to an established or proposed curbline or the inner edge of a sidewalk.

Section 54-50 also fixes a triangular 'vision plane' 30 inches above curb height at uncontrolled intersections; no planting inside that triangle may exceed 30 inches so sightlines stay clear at corners without a stop-and-go signal or arterial stop sign. 09(10) of the city's land division ordinance, per Section 54-104(b). The city, not the abutting owner, bears the cost of planting, maintaining and protecting public trees under Section 54-105(d), except where the article says otherwise. Because the forester's authority is exclusive, a homeowner who wants a parkway tree must request one through the city rather than plant it independently.

Violations & Fines

Planting, altering or removing anything in the terrace without the forester's written permit violates Chapter 54 and triggers the citywide general penalty under Section 1-21: a forfeiture of $25 to $500 for a first offense and $50 to $1,000 for repeat offenses within a year, plus prosecution costs, with each day of a continuing violation counted as a separate offense enforceable in Fitchburg Municipal Court.

Frequently Asked Questions

Can I plant my own tree in the terrace in Fitchburg, Wisconsin?
No. Section 54-104 gives the city forester exclusive authority to choose the species and exact placement of any tree or shrub planted in a public way, terrace or park in Fitchburg. You can request a planting, but the forester decides the location after checking for conflicts with wires, sewers, water mains and available space.
How far apart must parkway trees be spaced?
Section 54-106(c) requires a minimum 35 feet between trees planted in public ways, though the city forester can authorize closer spacing after considering the site and the species involved. Trees also must sit at least two feet back from any curbline or sidewalk edge.
What is the vision plane rule at Fitchburg intersections?
Section 54-50 defines a vision plane as a triangular zone 30 inches above curb height, with two 45-foot legs meeting at the corner. No planting or object in that triangle may rise above 30 inches at any intersection lacking a stop-and-go signal or arterial stop sign, so drivers keep a clear sightline.

Sources & Official References

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