Do you need a permit?
It depends on the tree
Madison has no general private-property tree removal permit and no diameter threshold, with one large exception that catches homeowners every summer: you may not remove, trim or prune ANY oak tree anywhere in the city, including your own back yard, between April 1 and October 15 without the written permission of the City Forester. The city says so in plain words and the permit is free. Separately, the tree in the terrace in front of your house is a City tree that Madison maintains itself, and taking one out without a permit now costs 150 dollars per trunk diameter inch.
Size threshold
None for private trees. The oak restriction is by species and season, not size. The only diameter figures in the code serve other purposes: Section 10.105(2) defines DBH as "the diameter of the trunk of the tree measured in inches at a point four and one-half feet above the existing grade at the base of the tree," and Section 28.142(3)(a)11 makes a landscape plan show "Existing trees eight (8) inches or more in diameter" - but Section 28.142(2)(a) expressly excludes "the construction of detached single-family and two-family dwellings and their accessory structures" from that requirement.
What's protected in Madison
- Every oak tree in the city, from April 1 to October 15. MGO 23.40(7): "No person, firm or corporation shall remove, trim or prune any oak tree or portion thereof between April 1 and October 15 without first securing the written permission of the City Forester, or designee." The city confirms the private reach: "By ordinance (MGO 23.40(7)), a permit is required to work on any oak within the City of Madison between April 1 and October 15. This includes private property property trees. The permit is free."
- Street trees, meaning the terrace. MGO 10.105(2): "Street Tree is a tree within City controlled right-of-way, including within terrace areas, medians, and undeveloped right-of-way." MGO 10.25(2)(d) defines the terrace as "that portion of the public right-of-way in between the curb or road-way and the adjoining lot line, whether or not the area is occupied by a sidewalk or multi-use path."
- Diseased elm, oak and ash, on public or private land, declared public nuisances by MGO 23.40(1)(a) through (c) - including "Any dead elm tree or part thereof... from which the bark has not been removed and burned," "Any dead oak tree or part thereof," and "Any Emerald Ash Borer infested dead ash tree or part thereof."
- Hazard trees on private land, declared public nuisances by MGO 27.05(3)(b) - branches under seven feet over a sidewalk, branches under twelve feet over an arterial or bus route, and "Trees, branches, or parts thereof which are broken, diseased, weakened or dead, and which are in a position in which, if they were to fall, could fall upon the sidewalk or public right of way."
How to apply in Madison
- 1
For an oak tree between April 1 and October 15, on your own property or the terrace: contact Urban Forestry at 608-266-4816 or forestry@cityofmadison.com. The city says "Permits are issued on an emergency basis. A bid for a consultation from a private arborist must be obtained as well." There is no fee and no published form.
- 2
For a right-of-way or terrace tree at any time of year, MGO 10.101(3)(b): submit a written Tree Trimming Plan to the City Forester identifying the trees by street name and block number, the start and end dates, and the nature of the work.
- 3
If you are proposing removal, add a Tree Replacement Plan prepared by a certified arborist. That requirement was created by ORD-25-00071.
- 4
Notify residents in the work area by U.S. Mail or personal delivery and file proof of notice.
- 5
The Board of Public Works holds a hearing at its first meeting after submission. If approved, the City Forester authorizes the City Clerk within 10 days, and the Clerk issues the permit on payment of 50 dollars.
Fees, penalties, and the ordinance
- Fee
- The oak permit is free, on private property as well as public - the city states it outright. The right-of-way tree permit is 50 dollars: MGO 10.101(3)(d), "The City Clerk will issue the permit upon submission of the permit fee of fifty dollars ($50)." Utilities and contractors doing repeat right-of-way work pay a 50 dollar annual forestry permit fee under MGO 10.101(3)(e)1.c.
- Penalties
- MGO 10.101(7)(b) is the one to know: "Any person who, without the authority granted by a permit issued under this Section, causes the removal of a tree located within the public right-of-way of any street, alley, highway or greenway shall, in addition to the requirements of Section 10.105, be subject to a forfeiture of one hundred and fifty dollars ($150) per trunk diameter inch of the impacted tree." A 24-inch terrace tree is a 3,600 dollar forfeiture before the Street Tree Replacement Fund payment is even calculated. Other violations of Section 10.101 run 25 to 500 dollars a day. Violating the oak rule or the diseased-tree rules is up to 500 dollars under MGO 23.40(9), each day a separate offense. MGO 10.105(8)(b) lets the city recover actual replacement costs as a special charge against the property.
- Ordinance
- Madison General Ordinances Section 23.40 (Elm Tree Infected with Dutch Elm Disease, Oak Tree Infected with Oak Wilt Disease, Ash Tree Infested with Emerald Ash Borer, Nuisance), title amended by ORD-09-00115 on August 11, 2009, which also created the ash category; subsection (7), the oak season rule, amended by Ord. 11,012 (10-12-94), Ord. 13,640 (6-23-04) and ORD-08-00071 (7-04-08). MGO 10.101 (right-of-way tree permit) was created by Ord. 12,106 on April 20, 1998 and most recently amended by ORD-25-00071 on October 16, 2025. MGO 10.105 (Street Tree Replacement Fund) is brand new, created by ORD-25-00071. The 2025 tree protection package passed the Common Council on October 7, 2025 and the city states the new ordinances took effect January 1, 2026. Code current through ORD-26-00039, published July 30, 2026 (Rev. 28, Update 2).
Worth knowing
- The oak rule is the single biggest trap for a Madison homeowner. Taking an oak down in your own yard in July without written permission violates MGO 23.40(7). The permit costs nothing - the only real cost is the arborist consultation bid the city asks for.
- Madison maintains your terrace tree for free and asks you not to hire anyone. The city's own words: "Terrace Trees are City Trees. If you reported a concern, crews will respond. You do not need to hire someone to take care of the tree on the terrace." MGO 10.10(2) adds that replacement of diseased or destroyed street trees "shall not be assessed to the abutting property owner."
- The construction tree protection zone tripled on January 1, 2026. The city: "for every inch of a tree trunk's diameter, there will be one foot of tree protection zone required," replacing a flat five feet. Violations can now suspend or revoke ENGROW, Street Occupancy, Excavation and Driveway permits.
- Madison residents already pay for forestry on the water bill. The 2026 Urban Forestry Special Charge is 7.63 dollars a month, 91.61 dollars a year, for a residential parcel.
- Complain about a neighbor's tree to Building Inspection, not Forestry. Forestry states: "The City of Madison cannot perform work on private property trees."
- Madison does not license tree services. A section-by-section read of MGO chapter 9 found no arborist, tree service or tree contractor license; Section 9.20, the trade licensing section, covers concrete layers, asphalt pavers, mudjackers and snow removal operators but not tree work. The city instead points residents to the Wisconsin Arborist Association.
- You also may not sell or plant certain species anywhere in Madison: tall and purple barberry (MGO 23.26), female cottonwood and white poplar (MGO 23.27), and seed-bearing box elder (MGO 23.28). Those restrict planting, not removal.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — A live conflict the code does not reconcile. MGO 23.21(1), amended September 25, 2025, requires "written permit of the Board of Public Works" to cut, prune or remove any living tree in a public highway. MGO 10.101(3)(a), amended October 16, 2025, requires "a permit from the City Forester" for the same act. Both are current. Both are reported here rather than resolved.
- — Whether an individual homeowner is exempt from the right-of-way permit or merely eligible for a discretionary one. MGO 10.101(1)(b) is headed "Exemptions" but item 4 reads "When the trimming, pruning or removal is by an individual property owner, the City Forester retains their discretion to issue individual permits." The text does not settle it.
- — Whether ORD-25-00071 operates from October 16, 2025 (the codification note) or January 1, 2026 (the effective date the city publishes). Both dates are reported above.
- — The dollar figures in the City Forester's Street Tree Valuation Policy, which MGO 10.105(5) requires to exist and be updated at least twice a year. The policy document is not linked from the Urban Forestry pages.
- — The ZIP code of the Urban Forestry office and the name of the current City Forester. Neither is published.
- — Turnaround time and application format for the oak permit. The city says only "Permits are issued on an emergency basis" and publishes no form.
- — Whether Dane County or WDNR shoreland rules add a separate permit for Madison lakefront parcels. MGO 28.138 (Lakefront Development) and MGO chapter 37 contain no tree provisions, but county and state rules were not examined.
Sources
- City of Madison - Oak Trees Work Permit (April 1 - October 15)
- City of Madison - Private Property Trees
- City of Madison - Tree Protection Ordinances (2025 update and legislative history)
- City of Madison - Urban Forestry (contact, terrace tree policy)
- Madison General Ordinances Sec. 23.40 - diseased tree nuisance and oak season permit (Municode)
- Madison General Ordinances ch. 10 - street trees, ROW permit, Street Tree Replacement Fund (Municode)
- City of Madison - Emerald Ash Borer
- City of Madison - Urban Forestry Special Charge (2026 rates)