Tree rules in Madison: permits, protected trees and fees

This page reports what the official source says. It is not legal advice: ask the office named here. It describes five sources as read on October 9, 2026: the City of Madison pages on tree protection ordinances, the oak trees work permit and private property trees, section 107.13 of the City's Public Works Construction Standards Specifications (issued January 13, 2026), and the Legistar file for the street tree protection ordinance. The wider list of cities is on the guide to tree permits in the largest US cities.

Public trees and private trees

The private property trees page says trees on private property are the owner's responsibility and that the City cannot perform work on them. It describes public trees as those planted in parks, public golf courses, stormwater greenways and city cemeteries, and along streets in the right-of-way, which Urban Forestry maintains. Where a neighbourhood has sidewalks, the page says the right-of-way, which it also calls the terrace, is typically the area between the sidewalk and the street. It adds that exact property lines vary by lot.

The oak work permit

The oak page says that under Madison General Ordinances section 23.40(7) a permit is required to work on any oak within the City between April 1 and October 15, and that this includes trees on private property. The page says the permit is free, that Urban Forestry is contacted to begin the process, that permits are issued on an emergency basis, and that a bid for a consultation from a private arborist must be obtained as well.

The 2026 street tree protection ordinance

The ordinance was passed by the Common Council on October 7, 2025 and took effect January 1, 2026. The Legistar file gives its title as an ordinance amending sections 4.095, 10.05, 10.055, 10.08, 10.101, 23.24 and 1.08(3)(a) of the Madison General Ordinances and creating section 10.105, to enhance street tree protection and to establish a Street Tree Replacement Fund. The Urban Forestry page sums up three changes.

Change	What the City's page says
Larger protection zone	From January 1, 2026 the zone is one foot for every inch of trunk diameter. The page gives a 20-inch tree as needing a 20-foot zone and says a tree of 5 inches or less keeps a 5-foot zone. Urban Forestry and Engineering can increase or decrease the zone with direct approval. The old zone was 5 feet.
Permits suspended or revoked	Violations of the tree protection rules within approved plans can lead to suspension or revocation of the necessary street occupancy permits. The page lists ENGROW, street occupancy, excavation and driveway permits in its FAQ. The matter is resolved with Urban Forestry or on appeal to the Board of Public Works.
Street Tree Replacement Fund	If Urban Forestry and the developer or contractor agree a street tree cannot be saved, the entity removing it pays into the fund an amount equal to the value of the removed tree.

What section 107.13 of the specifications says

Section 107.13 applies to every contractor working in the public right-of-way, whether by permit, Public Works contract or developer agreement. Emergency work under sections 10.05(13)(a) and 10.101(5) of the ordinances is not bound by it for those situations only. The specification defines the Tree Protection Zone as the area within the radius that is the greater of 5 feet or 1 foot for each inch of DBH, with DBH measured at four and one-half feet above grade. The City Forester may increase or decrease it. The City Engineer or City Forester may specify fencing or barricades, which the text says go up before demolition, grading or construction and stay until final improvement work in the area.

Grading, excavating, full-depth saw cutting of sidewalk or otherwise disturbing the zone needs prior consultation with and permission from the City Forestry Representative.
Curb and sidewalk sections next to trees that Forestry marks "NRC" (No Root Cutting) follow a listed sequence with a yellow ribbon about 4 feet up the trunk and an inspection by the Forester. The text says Forestry responds by the end of the following work day.
Roots of 3 inches or larger are not cut for curb and gutter or sidewalk work without prior permission. Damaged roots over one inch are cut cleanly on the day of excavation, and the text says using a backhoe to cut roots is not acceptable.
Storing parked vehicles, equipment, materials, refuse or excavated spoils within the zone is prohibited, as is dumping paint, concrete or stucco mix or dirty water.
Street tree pruning before construction is done by City Forestry to ANSI A300 specifications. The text says no more than one-fourth of the functioning leaf and stem area is removed within one calendar year.

Cost recovery charges and liquidated damages

Section 107.13(i) lists the charges the specification sets for failure to follow its safeguards. For public works contracts they are assessed as liquidated damages. For private contracts and permit work they are assessed as City-imposed or private-contract forfeitures.

Damage	Charge in the specification
Tree of 3 inches DBH or less removed	Removal with wood disposal, stump removal to at least 24 inches below ground, and a replacement tree of at least 2 inches caliper
Tree over 3 inches DBH removed	The same three costs plus the value of the tree, set at US$150.00 per DBH inch
Limb or branch over 3 inches broken	US$500.00 for each occurrence, plus pruning cost
Trunk or bark damage	US$500.00 for each area: any damage on a tree under 8 inches DBH, 8 square inches on trees of 8 to 12 inches, 16 square inches on trees over 12 inches
Mechanical excavation in the zone without permission, or damaged roots not cleanly cut on the day of excavation	US$500.00 for each occurrence
Vehicles, equipment or materials in the zone	US$500.00 initial fine and US$500.00 for each additional day

The ordinance page's FAQ says the ordinance does not require developers to attend additional meetings or secure additional permits during approval, and that work needing none of the listed permits can go on while an appeal is pending. The oak permit page gives the Urban Forestry office hours as Monday to Friday, 7:00 a.m. to 3:00 p.m., and its phone number is on that page.