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Wauwatosa, WI Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit required
Board of park commissioners approval
Approved species
Ash, crab, ginkgo, hackberry, linden, locust, maple, oak
Minimum size
1.25 inch diameter at 6 inches up
Open space rule
16 sq ft around trunk
Private-property easement
35-foot radius from trunk
Tree ownership
Stays city property even on private land

Summary

No shade or ornamental tree may be planted in a Wauwatosa public highway, including the parkway between sidewalk and curb, until the board of park commissioners approves both the species and site and issues a permit, under Wauwatosa Municipal Code §§ 12.08.040 and 12.08.110.

No shade or ornamental tree or shrub shall be placated in any of the public highways of the city of Wauwatosa until such tree or shrub and the place where it is to be planted shall have first been approved by the board of park commissioners of the city of Wauwatosa and a permit granted by the board therefor. ... No tree other than approved forms of ash, crab, ginkgo, hackberry, linden, locust, maple, oak or any other specie prescribed by the board of park commissioners of at least one and one-quarter inch in diameter at a point six inches above the ground shall be planted in front of any lot between sidewalk and curb upon any improved street established at correct grade in the city of Wauwatosa.

Full Breakdown

040 requires board of park commissioners approval before any shade or ornamental tree or shrub is planted in a public highway, covering both the species chosen and the exact spot where it goes; the same board issues the permit. 110 narrows what actually qualifies: only approved forms of ash, crab, ginkgo, hackberry, linden, locust, maple, oak or any other specie prescribed by the board of park commissioners, at least one and one-quarter inches in diameter measured six inches above the ground, may be planted in the parkway strip between sidewalk and curb on an improved, correctly-graded street.

Where a street has no sidewalk, curb, pavement or underground utilities yet installed, no tree may be planted in that parkway area at all without the board's express written permission. 050 requires anyone placing stone, cement, lumber or similar material on the ground near a highway tree or shrub to leave an open space of at least sixteen square feet around the trunk or base so water and air can still reach the roots, and to guard the tree during the work. 140 assesses the cost of a replacement tree the same way if the original was removed for the property owner's benefit.

150 lets the city plant a street tree on private property instead, under a thirty-five-foot easement from the trunk; the tree stays city property even though it sits on private land.

Violations & Fines

The code enforces planting standards through the permit process itself: installing an unapproved species, an undersized tree, or any tree in the parkway without board of park commissioners approval violates §§ 12.08.040 and 12.08.110 and is subject to the code's general penalty provisions. Separately, interfering with city crews doing authorized planting or removal work under § 12.08.080 also draws the general penalty.

Frequently Asked Questions

Do I need a permit to plant a tree in the parkway strip in front of my Wauwatosa house?
Yes. Wauwatosa Municipal Code § 12.08.040 requires board of park commissioners approval of both the tree species and the exact planting location before anything goes into the public highway strip between the sidewalk and the curb, and the board issues the permit itself.
What kinds of trees am I allowed to plant on the parkway in Wauwatosa?
Section 12.08.110 limits parkway plantings to approved forms of ash, crab, ginkgo, hackberry, linden, locust, maple, oak, or another species the board of park commissioners prescribes, and the tree must be at least one and one-quarter inches in diameter measured six inches above the ground.
Can the city plant a tree on my private property instead of the parkway?
Yes, if there isn't enough room between the curb and sidewalk. Section 12.08.150 lets the board of park commissioners plant a street tree on private property under a thirty-five-foot easement from the trunk, with the owner's consent; the tree remains city property even though it sits on private land.

Sources & Official References

Other rules in Wauwatosa

All Wauwatosa rules

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