[Adopted by the City Council of the City of Lake Mills 12-15-2009 by Ord. No. 1054 as 7-19-1994 by Ord. No. 665B (Title 7, Ch. 3, of the 2009 Code of Ordinances). Amendments noted where applicable.]
[Amended 4-7-2026 by Ord. No. 1289A]
A. 
Purpose. It is the purpose of this chapter to promote and protect the safety, health, and welfare of the general public through the regulation of planting, maintenance, preservation, and removal of trees, shrubs, and other plants within the City of Lake Mills.
B. 
Applicability. This chapter provides the full power and authority over all trees, shrubs, and plants located within street rights-of-way, parks, and public places of the City; and to trees, shrubs, and plants located on private property that constitute a hazard or threat described herein.
[Amended 8-3-2021 by Ord. No. 1226; 4-7-2026 by Ord. No. 1289A]
A. 
Facilities and Grounds Director. The Facilities and Grounds Director shall be designated as the City Forester and shall have the power and duties as follows:
(1) 
Direct, manage, supervise, and control the City street tree program to include all planting, removal, maintenance, and protection of all trees and shrubs on public areas.
(2) 
Follow and update monthly the City of Lake Mills Street Tree Management Plan and Street Tree Master Plan.
(3) 
Promote plant health care of all trees and shrubs within the City so as to prevent the spread of disease or pests and to eliminate dangerous conditions that may affect the life, health, or safety of persons or property.
(4) 
The careful preservation of trees shall be a priority during all City infrastructure projects.
(5) 
Enforce rules, regulations and specifications of this chapter.
(6) 
Such powers and duties as are provided by ordinance of the City, and as directed by the City Council.
B. 
Parks Board
(1) 
The City of Lake Mills Parks Board shall be an advisory body to the City Council and make recommendations concerning planting, maintenance, and removal of trees, shrubs, and other plants for all parks and parkland within the City of Lake Mills.
(2) 
The City of Lake Mills Parks Board shall fulfill the duties established in § 594-12.
[Amended 4-7-2026 by Ord. No. 1289A]
As used in this chapter, the following terms shall have the meanings indicated:
BOULEVARDS and MEDIAN STRIPS
Those lands that divide a traveled roadway.
BOUNDARY TREES
Those trees with part of the main trunk existing along the dividing line between public and private properties.
HERITAGE TREES
Any tree or grouping of trees which has been determined to be of high value by the City Forester and designated as a Heritage Tree by the Parks Board under § 594-12.
PARK TREES
Trees in public parks or any area to which the public has free access as a park.
PRIVATE PREMISES
Lands owned by private citizens, firms or corporations within the City limits of Lake Mills.
PUBLIC PLACE or PUBLIC LAND
Any lands owned by the City and used by the public, including parks, playgrounds, parking lots and any and all other public lands not used for vehicular traffic.
STREET TREES
Trees on public rights-of-way between the curb and property line along side of streets or medians of all streets, avenues or ways within the City.
TERRACE and TREE LAWN
That portion of the street right-of-way lying between the sidewalk and back of curb. Where no sidewalk and/or curbing exist, the terrace shall be field-determined.
TREE
Any woody single-stem perennial plant (including root system) with a callipered trunk of no less than one inch measured one foot above the root collar.
[Amended 10-19-2010 by Ord. No. 1069]
A. 
Permits required. No person shall trim, fell, plant, spray, remove or affect any tree, including root system, in any boulevard, street, or public place without first obtaining permission from the City Forester.
B. 
Insurance required. Persons given such permission or their contractors and persons hired as agents of the City for purposes of tree trimming, felling, or removal must provide proof of public liability insurance with a company authorized to do business in the State of Wisconsin. Such policy shall be written in accordance with a standard form now in general use and contain liability limits acceptable to the City Forester.
A. 
Planting.
(1) 
The City Forester shall develop and maintain a list of desirable trees for planting in terrace areas in three size classes: small (15 feet to 30 feet), medium (30 feet to 45 feet), and large (45 feet to 70 feet). All plantings shall be in accordance with the Street Tree Master Plan, with variances approved by the City Forester. A species list of trees not suitable for planting also shall be developed and maintained.
(2) 
No person shall plant any tree, shrub, or other plant in any City tree lawn, boulevard, or public place without the permission of the City Forester. All such permitted plantings shall be with the following regulations:
(a) 
Spacing. The spacing of trees shall be not less than 40 feet, except in special plantings designed or approved by the City Forester.
(b) 
Utilities. No street trees other than those species listed herein as small trees may be planted under or within 20 lateral feet of any overhead utility wire, or within three lateral feet of any underground water line, sewer line, transmission line or other utility, and five feet from any stop box.
(c) 
All planting sites shall be at least 35 feet away from street corners, at least 10 feet away from fire hydrants, driveways, utility poles and 20 feet from streetlights.
(d) 
Distance from curb and sidewalk. The required distance that trees shall be planted from curb and sidewalk shall be in accordance with the three size classes listed in this chapter, and no trees shall be planted closer to any curb and sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
(e) 
The spacing of all consecutively planted oak trees of all species shall be a minimum of 50 feet to help prevent oak wilt spread.
B. 
Trimming.
(1) 
All trimming and pruning of City trees shall be conducted in accordance with the accepted standards of the National Arborist Association or the International Society of Arboriculture and according to the following guidelines:
(a) 
Clean smooth cuts are to be made so as not to disturb or cut into the branch collar or branch bark ridge.
(b) 
Dead branches are to be cut back to sound, healthy wood and with no interruption of the present callus tissue.
(c) 
City street and park trees shall be trimmed and removed accordingly to maintain public safety.
(d) 
City street trees shall be placed on a routine trimming cycle of three years for young trees (less than 12 inches diameter at breast height) and six years for older trees (greater than 12 inches at breast height), unless safety consideration, as determined by the City Forester, requires additional trimming.
(e) 
On an annual basis, the City Forester shall review and make any necessary modifications to a trimming area map that indicates areas and years for trimming operations of street and/or park trees. Said map shall be kept on file at the office of the City Forester.
[Amended 10-19-2010 by Ord. No. 1069]
(2) 
It shall be an unlawful practice for any individual to top any tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Exceptions may be allowed for situations due to storm damage, the location of electric lines, or when such trimming is the only reasonable method for saving the tree.
[Amended 10-19-2010 by Ord. No. 1069]
(3) 
Abutting property owners may conduct minor trimming of street trees in order to maintain safe passage on public sidewalks and streets.
A. 
Tree removal. No person shall remove or cause to be removed any tree or shrub existing in or upon any terrace or public place without a permit from the City Forester.
B. 
Wood disposal. Any wood from trees growing on City property, including tree lawns, which are designated by the City Forester to be cut and removed, shall be the property of the City and shall be disposed of appropriately or stacked and stored for the purpose of resale to the highest bidder.
[Amended 10-19-2010 by Ord. No. 1069]
C. 
The City Forester shall follow the procedures in this section with regards to tree removals from any public property, except Tyranena Park:
[Amended 4-7-1998 by Ord. No. 803B; 10-19-2010 by Ord. No. 1069]
(1) 
Develop a list of trees that require removal due to disease, poor health, or safety reasons.
(2) 
Inform the adjacent property owner in writing of each tree identified for removal and provide the property owner a minimum of seven days to respond to the City Forester concerning the potential tree removal.
(3) 
Consider the comments of the adjacent property owner before proceeding with the tree removal.
(4) 
The provisions of this section do not apply to any public tree that, in the opinion of the City Forester, is an imminent safety risk to public property, private property, or the personal safety of any individual.
D. 
The City Forester shall not remove any trees in Tyranena Park unless such trees are an impending safety hazard to park patrons utilizing the existing walking trails or other man-made facilities of the park or the City Forester deems trees are/may cause biological or structural harm to existing, healthy trees.
[Amended 4-7-1998 by Ord. No. 803B]
A. 
Private trees. Trees standing on any private land adjacent to a public thoroughfare shall be trimmed and kept trimmed by the owner of such tree to the specifications set forth in this chapter. The owner of such tree shall remove all dead, diseased or dangerous trees or limbs that constitute a menace to the health and safety of other plants and the general public. The City reserves the right to trim any tree interfering with the public thoroughfare as part of its enforcement of any public nuisance under the provisions in Chapter 479, Nuisances, of this Code.
[Amended 10-19-2010 by Ord. No. 1069]
B. 
Inspection authority.
(1) 
The City Forester, designated representatives, or both, are charged with duties involving the inspection of real and personal property. They shall ask the landowner for permission to enter private property prior to inspection of trees, shrubs, wood pieces or wood debris located on any private property.
(2) 
A written record shall be made of each request for permission to enter private property to include the date, the property to be entered, the landowner's name, the individual asked for permission, if different from the landowner, and the response to the request. These records shall be maintained for a minimum period of three years.
(3) 
Should the landowner deny permission to enter the property for inspection purposes, a special inspection warrant shall be applied for and executed according to Wis. Stats. § 66.0119.
[Amended 10-19-2010 by Ord. No. 1069]
C. 
Abatement. If the City Forester shall find any private or public premises infested with injurious insects or plant disease, or if any tree, shrub or plant upon private premises endangers the public, interferes with the clearances as outlined in this chapter, or is injurious to any public utility, he/she shall provide the owner or person having charge of such premises a minimum two-week notice that removal is under consideration on a specific date, time and place which is at least two weeks in the future. The City Forester shall listen to comments from the landowner and then proceed as the Forester deems best. Should this order not be complied with, the City Forester shall cause the work to be done and all costs involved shall be charged against the property as a special assessment. No damages shall be awarded to the owner for the destruction of trees pursuant to this chapter.
D. 
Oak trees located on private property are subject to additional provisions of § 594-8.
A. 
Public nuisance declared. The City Council of the City of Lake Mills, having determined that the health of the oak trees within the City of Lake Mills is threatened by a fatal disease known as oak wilt (Ceratocystis fagacearum), hereby declares the following to be a nuisance:
(1) 
Any living or standing oak tree or part thereof infected with the oak wilt fungus.
(2) 
Any dead oak tree or part thereof infected with the oak wilt fungus, including logs, branches, stumps, firewood or other oak material from which the bark has not been removed.
B. 
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection A of this section to remain on any premises owned or controlled by them within the City of Lake Mills.
C. 
Inspection. The City Forester shall inspect or cause to be inspected all oak trees and parts thereof within the City to determine whether any public nuisances as defined in Subsection A of this section exists.
D. 
Abatement of nuisance. If the City Forester, upon inspection or examination in person or by some qualified person acting for them, shall determine that any public nuisance as herein defined exists in or upon private or public premises within the City of Lake Mills, and that the danger to other oak trees within the City is imminent, he/she shall immediately serve upon the owner of such property, or by public notice if the owner cannot be found, or upon the occupant thereof a written notice to take any and all actions necessary to abate said nuisance or to protect other oak trees from such nuisance within 14 days of serving said notice. Appropriate abatement or protection measures shall be defined in said notice. If such owner or occupant does not comply with said notice within the time provided, the City Forester shall cause the work to be done and all cost involved charged against the property as a special assessment as per § 594-7. No damages shall be awarded to the owner for the destruction of any tree pursuant to this section.
E. 
Disposal of wood/debris. Proper disposal procedures of wood, bark and debris from said nuisance shall be detailed in said notice. These disposal procedures shall be followed within the time provided in the notice.
F. 
Important: removal or pruning of oak trees prohibited. No person, firm or corporation shall remove, trim, prune or cause fresh wounds to any oak tree or portion thereof, including roots, within the City of Lake Mills between April 15 and October 15 without first securing the written permission of the City Forester. If wounding is unavoidable during this period, such as in the aftermath of a storm or for safety reasons, as determined by the City Forester, a wound dressing shall be applied as approved by the City Forester.
A. 
All plantings in public places shall be in accordance with § 594-5, Planting and trimming. Species composition and location shall be determined by the City Forester, with a primary objective towards more native species whenever possible. Streets and blocks in a new subdivision within the City of Lake Mills shall have plantings of the same species composition or of similar shape and color, as determined by the City Forester.
B. 
In previously planted streets and blocks, new plantings shall first be determined by § 594-5, then by site and soil conditions, then by native species and then by species that will match similar shapes and sizes of current or preferred population. New subdivision and annexed property street tree composition shall be determined by the City Forester. Future species variations shall be determined by the City Forester.
C. 
New plantings along Main Street shall be restricted until other infrastructure improvements are planned and work is completed.
[Amended 10-19-2010 by Ord. No. 1069]
D. 
When the genus reaches or exceeds 20% of population or the species reaches or exceeds 10% of population, such tree shall be considered a restricted planting, due to the high number of individual trees in the population.
E. 
A map of species to be planted or already established shall be developed and maintained. The City Forester shall change this map as circumstances dictate.
F. 
Plantings along Main, Madison, East Lake and Mulberry Streets shall be restricted to salt-tolerant species due to higher salting of major streets in the winter. As the City expands and other major streets develop, the same policy shall apply to those streets so designated.
G. 
Listings of approved, restricted, and prohibited species of trees for street tree planting in the City of Lake Mills shall be maintained by the City Forester. Annual purchases of trees for planting on City property shall be made in accordance with said listings and this chapter and with the goal of obtaining the healthiest trees for the most reasonable value. All vendors of trees shall be prequalified by the Forester as to growing and handling conditions. Price lists from all vendors of trees shall be obtained by the Forester prior to purchase decisions being made by the City Forester. The City Forester may approve any other tree species not on the listing of approved, restricted and prohibited species, at his/her discretion, and may add or delete any species listed.
[Amended 10-19-2010 by Ord. No. 1069]
H. 
Street trees shall be part of the infrastructure within the City of Lake Mills. Whenever a new street is constructed or an existing street upgraded, terrace trees shall automatically be required and designed in unless found to be unfeasible by the City Forester. Planting sites shall be properly prepared, as determined by the City Forester, and soil compaction in the terrace shall be eliminated or corrected before planting; for example, storing heavy equipment or heavy materials on the terrace would cause unacceptable soil compaction.
(1) 
Species determination shall be in accordance to the Street Tree Master Plan for Lake Mills.
(2) 
All street tree plantings shall meet the requirements as determined by the City Forester.
(3) 
Number of trees shall be determined by the following:
Total running foot of street frontage in subdivision or along property
40 (spacing, see § 594-5)
(a) 
The cost of trees and plantings for all newly mapped or platted subdivisions, commercial, business or industrial development shall be assessed as a special charge to be paid by the subdivider or developer. The special charge shall be computed as follows:
a/b x c
d
Where:
a
=
total running feet of street frontage in subdivision or along property
b
=
40 (feet-spacing)
c
=
$180 (average cost per tree, including planting and maintenance)
[Amended 10-19-2010 by Ord. No. 1069]
d
=
0.80 (survival rate, average taken in plantings in Lake Mills)
(b) 
Factor "c" shall be increased annually by an amount equal to the increase in the Consumer Price Index from the previous calendar year.
(4) 
Fees collected shall be used only for planting operations in the specific subdivision or development for which the special charges are paid. The City Forester shall plant, maintain and irrigate such trees at such times and places as the development of the subdivision, its occupants and other conditions make feasible.
[Amended 10-19-2010 by Ord. No. 1069]
(5) 
If a street tree special charge would otherwise be required in connection with a plat or certified survey map first submitted to the City for approval on or after June 14, 2006, then the Subdivider shall agree by developer's agreement to be special assessed for the cost of purchasing, planting and then maintaining street trees for a period of 12 months after planting, and in the event that the trees are, in the opinion of the Forester, not healthy or they do not survive the initial twelve-month period after planting, then the trees may be removed and replanted, and those additional costs may then be special assessed to the Subdivider. In the alternative, the subdivider may agree to be subject to the special charges for street trees based on the formula set forth in Subsection H.
[Amended 10-19-2010 by Ord. No. 1069]
A. 
Any person who shall violate any provision of this chapter or any rules and regulations adopted hereunder shall be subject to a penalty as provided in § 1-19of this Code. Each violation and each day on which a violation occurs or continues shall constitute a separate offense. This section shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this chapter.
B. 
The City Forester shall have the power to promulgate and enforce the rules, regulations and specifications of this chapter and may serve notice on any person in violation thereof or institute legal proceedings as may be required, and the City Attorney is hereby authorized to institute appropriate proceedings to that end.
[Amended 10-19-2010 by Ord. No. 1069]
A person who receives an order from the City Forester and objects to all or a part thereof may seek review using the administrative review procedures in § 16-1of this Code.
[Added 4-7-2026 by Ord. No. 1289A]
A. 
Intent and purpose. The City of Lake Mills recognizes that specific trees in the City of Lake Mills are deserving of special status due to their size, age, ecological value, location, species, historical significance or other unique qualities. It is the intent of this section to establish a program to identify, designate and preserve heritage trees within the City in order to recognize and maintain their special value to the community. This section applies to any City-owned land, including but not limited to parks, easements, and rights-of-way.
B. 
Heritage Trees defined. As used in this section, a Heritage Tree is any tree or grouping of trees which has been determined to be of high value by the City Forester, and designated as such by the Parks Board, because of its size, age, ecological value, historic significance or other professional criteria identified in Subsection C.
C. 
Criteria. A tree may be considered for Heritage Tree designation if the tree meets all the following criteria:
(1) 
Location. The tree is located on City-owned land, including but not limited to parks, easements and rights-of-way.
(2) 
Age and size. The tree is greater than 50 years old; or the tree is greater than 24 inches dbh if a deciduous tree (oak, hickory, walnut, etc.) or greater than 20 dbh if a coniferous tree (pine, spruce, etc.)
(3) 
Other values. The tree provides one or more of the following values:
(a) 
Significant ecological function(s) due to location, size, species, condition, nesting or roosting site;
(b) 
Canopy spread or height are unusual for its diameter;
(c) 
A rare or unique species, whether native or not;
(d) 
Exceptional quality, i.e., shape, having more than one trunk, unusual bark, special beauty or horticultural interest or relevance;
(e) 
Historical significance, such as a tree linked to the past through photos and historical accounts as provided by citizens or the federal, state or local historical society;
(f) 
Situated in a site where the tree plays a critical role in stabilizing soil or providing shade or habitat needed by other plant or animal species;
(g) 
Special aesthetic value due to its form or that serves in a landscape, i.e., a pair of trees that frame an entrance;
(h) 
Important local native species or trees that are associated with the character or history of Lake Mills;
(i) 
A tree planted during Arbor Day observances or trees planted as public memorials; or
(j) 
A tree that affects the greater landscape beyond the property on which the tree is located.
(4) 
The City Forester determines that the tree is healthy and can be maintained and preserved for at least 10 years in accordance with Subsection E without threat to public health, safety and welfare.
D. 
Procedure for Heritage Tree designation.
(1) 
In the first year of the program, the City Forester may nominate up to three trees to be designated as Heritage Trees. In subsequent years, the City Forester or a city resident may nominate a tree for Heritage Tree designation.
(2) 
Nominations shall be screened by the City Forester to verify that the tree meets the criteria in Subsection C. Screened nominations shall be submitted to the Parks Board once a year for consideration.
(3) 
The Parks Board shall review nominations once a year and may designate up to three Heritage Trees in the first year of the program and up to one additional tree each year thereafter.
(4) 
The City Forester shall establish additional procedures and forms for nominating, designating and documenting designated trees on a Heritage Tree Registry.
E. 
Care, treatment, and removal of designated Heritage Trees.
(1) 
The City Forester shall inspect each Heritage Tree annually, and shall direct any trimming and other maintenance to preserve designated Heritage Trees.
(2) 
The City Forester shall identify a tree preservation plan for each Heritage Tree. The tree preservation plan shall identify limits of construction, demolition, grading, or excavation activity near the tree, and ensure that predevelopment drainage patterns are maintained around the tree.
(3) 
In the event of disease, insect infestation, storm damage, wind damage or other immediate public safety necessity that the City Forester determines requires physical removal of a designated Heritage Tree, the City Forester shall arrange for removal of the tree and shall notify the Parks Board of the tree's removal.
(4) 
If, for any other reason the City Forester recommends that a designated Heritage Tree is no longer listed on the Heritage Tree Registry, the City Forester shall submit a recommendation to the Parks Board, and if approved by the Parks Board, the tree will be removed from the Heritage Tree Registry.
(5) 
For every Heritage Tree that is removed from public property, every effort shall be made to replace it with a site-suited tree in the same location if possible, or in a location approved by the City Forester in accordance with this chapter.
F. 
Removal from Heritage Tree Registry. A tree that is physically removed or approved by the Parks Board to be removed from the Heritage Tree Registry will be no longer considered a Heritage Tree.