[HISTORY: Adopted by the Town Board of the Town of Grand Chute 1-7-1997 as § 16.11 of the 1997 Code; amended 12-20-2011 by Ord. No. 2011-30; 3-5-2013 by Ord. No. 2013-04; 3-5-2013 by Ord. No. 2013-07; amended in its entirety 10-21-2025 by Ord. No. 2025-06. Amendments noted where applicable.]
For the purpose of this chapter, unless otherwise clearly indicated by the context, the following terms shall have the meanings indicated:
BOULEVARD OR TERRACE AREA
The portion of land between the curb line (or edge of street where no curb exists) and the sidewalk or trail. Where no sidewalk exists, the area between the curb or street edge and property line. The terms "boulevard" and "terrace" shall be interchangeable.
EVERGREEN TREE
Any woody plant with a single trunk that retains foliage year-round, characterized by needle or scale-like leaves from ground level upward.
MAJOR ALTERATION
Trimming, cutting, or structural modification of a tree that exceeds routine maintenance as determined by the Town Forester, including but not limited to topping, substantial crown reduction, or substantial canopy volume reduction within a calendar year.
PUBLIC NUISANCE
Any tree or shrub that, due to condition or location: interferes with public use of right-of-way; impairs visibility or public infrastructure; poses a danger to persons or property on public land, including rights-of-way or the terrace area; is infected with, harboring, or fatally damaged by a contagious tree disease; is infested with or fatally damaged by insect pests or invasive species known to transmit such diseases; or endangers public health, safety, or welfare.
PUBLIC PROPERTY
Any land or premises owned or controlled by the Town, including public parks, rights-of-way, boulevards, sidewalks, terrace areas, and other public sites.
PUBLIC TREES AND SHRUBS
Any tree or shrub located within or designated for planting in public areas, including boulevards and terraces.
RIGHT-OF-WAY
A strip of land acquired by dedication, reservation, prescription, or condemnation, or other legal means, intended for public use and typically occupied by a street, sidewalk, trail, utility line, or other public infrastructure. This area may also include adjacent space necessary for the maintenance, safety, and function of these improvements, including boulevard or terrace areas.
SHRUB
A woody plant with multiple stems emerging from or near the ground, typically smaller than a tree.
TOWN FORESTER
The individual designated by the Town to implement and enforce the provisions of this chapter.
TREE
A woody plant with a single dominant trunk, a defined crown, and a typical mature height of 16 feet or more.
A. 
The Town Forester shall implement and enforce the provisions of this chapter.
B. 
The Town Forester or their authorized designee shall have the authority to enter upon private property at reasonable times to inspect trees or shrubs and to enforce the provisions of this chapter, including the identification and mitigation of public nuisances.
No person shall obstruct, impede, or otherwise interfere with the Town Forester or their authorized representative in the performance of duties under this chapter. Violation of this section shall be subject to the penalties outlined in § 497-11.
A. 
All trees and shrubs located in or adjacent to public rights-of-way, including those in boulevard areas or on private property abutting such areas, shall be maintained to provide a minimum vertical clearance of 14 feet above the surface of streets and alleys and eight feet above the surface of all public sidewalks and trails.
B. 
Property owners are required to trim trees on their own property that overhang the public right-of-way to comply with the height clearances specified in this section and this shall be done in a safe, professional manner. Trimming of any trees planted in the right-of-way (boulevard or terrace areas) to meet this standard shall be performed by Town personnel or individuals/entities contracted or otherwise authorized by the Town.
C. 
Trees shall not obstruct or diminish the effectiveness of public street lighting, interfere with public travel, or endanger public safety. The Town Forester shall have the authority to determine when trimming is required for safety, visibility, or tree health.
A. 
Vision triangle and visibility obstructions.
(1) 
Obstructions in the vision triangle. No person shall plant, allow, or maintain any tree, shrub, or other vegetation within the vision triangle that obstructs visibility for drivers on a public street or private driveway. The vision triangle area shall be defined as set forth in § 475-21B(5)(d). Any tree, shrub, or other vegetation within the vision triangle shall be trimmed and maintained to allow unobstructed vision between 2 1/2 feet and 10 feet in height above the edge of pavement elevation.
(2) 
Visibility obstructions. No person shall plant, allow, or maintain any vegetation that obstructs visibility such as traffic signs, traffic signals, or clear access to driveways from the public right-of-way. Vegetation shall be maintained to ensure unobstructed sightlines to all such devices and access points from all directions of travel.
(3) 
Where obstructions are caused by trees, trimming shall follow the clearance standards in § 497-4. If trimming is insufficient to maintain visibility, the Town Forester may require permanent correction, including tree removal.
B. 
Removal of obstructions.
(1) 
General procedure. If the Town Forester determines that a tree, shrub, or other vegetation constitutes an obstruction under this section, a written order shall be served to the property owner or occupant by certified mail directing removal or correction of the obstruction within 30 days of the order's issue date. For properties held in joint ownership or tenancy, service on one owner shall be deemed service on all owners.
(2) 
Immediate hazard exception. If the obstruction poses an immediate threat to public safety, including but not limited to severely blocked sightlines at intersections or signage, the Town may remove the obstruction immediately without prior notice. The property owner shall be billed for the full cost of removal.
(3) 
Failure to comply. If the obstruction is not removed or corrected within the time allowed, the Town or individuals/entities contracted or otherwise authorized by the Town may enter the property to abate the obstruction. The cost of abatement, including but not limited to labor, materials, equipment, contractor fees, and administrative expenses, shall be billed to the property owner. If unpaid by October 31, the total amount may be added to the property tax roll as a special charge pursuant to § 66.0627, Wis. Stats.
C. 
Appeals. Affected persons may file an appeal as provided in § 497-9.
D. 
Violations. Violations are subject to penalties under § 497-11.
A. 
Damage to public trees or shrubs. No person shall perform any of the following actions on any tree or shrub located in a public space or terrace area, without first obtaining written permission from the Town Forester:
(1) 
Attach or fasten any rope, wire, sign, guy wire, unprotected electrical installation, or similar device, to, around, or through any public tree or shrub, unless such devices are installed by or with written permission from the Town Forester or other authorized Town personnel.
(2) 
Break, injure, mutilate, deface, kill, or destroy any tree or shrub, including by allowing fire, heat, or other destructive agents to damage them.
(3) 
Permit any toxic chemical, gas, smoke, oil, or other harmful substance to seep, drain, or be deposited near the base or root zone of any public tree or shrub.
(4) 
Place concrete, asphalt, or other impervious material within the critical root zone (defined as the area within a radius of one foot per inch of trunk diameter, measured at 4 1/2 feet above ground level).
(5) 
Remove any guard, stake, support, or protective device intended for the care or preservation of a public tree or shrub.
(6) 
Start or allow any fire, open flame, or high heat source to burn in close proximity to a tree or shrub in a manner likely to cause damage.
B. 
Excavations and construction near public trees. No person shall excavate, grade, install utilities, or place pavement within the right-of-way without first obtaining the applicable permit from the Department of Public Works. All contractors and utility companies performing work in the right-of-way or adjacent to public trees shall take necessary precautions to protect tree trunks, branches, and root zones. Protective barriers shall be installed prior to commencement of work, as required by the Town Forester.
C. 
Tree planting in public areas. No person shall plant a tree or shrub in the public right-of-way, including terrace areas, without obtaining the applicable permit from the Town Forester. Approved plantings shall conform to species, spacing, and location guidelines established by the Town.
D. 
Appeals. Affected persons may file an appeal as provided in § 497-9.
E. 
Violations. Violations are subject to penalties under § 497-11.
A. 
Declaration of public nuisance. The Town recognizes that contagious diseases and insect pests pose significant threats to the public welfare. The loss of trees, on either public or private property, can depreciate property values, degrade environmental health, and diminish the community tree canopy.
B. 
Inspections.
(1) 
The Town Forester or their designee shall conduct inspections of all properties within the Town, public or private, as necessary to identify trees or shrubs that may constitute a public nuisance as defined in this section.
(2) 
To determine whether a disease or pest is present, the Town Forester or designee may collect branch or bark samples in a non-lethal manner and submit them to the Wisconsin Department of Agriculture, Trade and Consumer Protection or a qualified laboratory for analysis.
(3) 
The Town Forester and their agents shall have authority to enter upon private premises at reasonable times for inspection purposes, with prior notice when practicable. If access is denied, the Town may seek an inspection warrant in accordance with applicable law.
C. 
Abatement of nuisances.
(1) 
The Town Forester or designee shall supervise and direct the abatement of all public nuisances by appropriate means including but not limited to spraying, pruning, removal, burning, or other mitigation methods necessary to prevent the spread of disease or pests.
(2) 
When a nuisance is found on public property, the Town shall take immediate action to abate the nuisance without further notice.
(3) 
When a nuisance is found on private property, the Town shall notify the property owner or occupant in writing, served via certified mail, of the condition and proposed abatement method. The notice shall describe the nuisance, specify a hearing date (no less than 14 days from the date of the notice) if the owner wishes to contest the finding, and advise that, if no action is taken, the Town may proceed with abatement and assess the associated costs to the property. The determination of the Town Forester shall be presumed correct unless rebutted by clear and convincing evidence.
(4) 
Unless otherwise specified, property owners shall have 30 days from the date of notice to remove or treat the nuisance. The Town Forester may, at their discretion, grant a time extension of up to 10 additional days for abatement if requested in writing.
(5) 
If the owner does not abate a confirmed nuisance within the established timeframe, the Town Forester may proceed with abatement and assess the cost to the property per Subsection E.
D. 
Spraying.
(1) 
If the Town Forester determines that a tree or area is infested or exposed to infestation, they may direct the spraying of trees or shrubs within a 1,000-foot radius of the source using an appropriate fungicide or insecticide.
(2) 
When any residue or concentrate can be expected to be deposited on any public street, advance public notice shall be provided through methods such as mailings to adjacent property owners, the Town website, or signage posted at least 24 hours in advance. Streets subject to parking restrictions for spraying shall also be posted with temporary "No Parking" signs.
(3) 
No claims for damages to vehicles or property shall be honored where proper notice has been given in accordance with this section.
(4) 
If trees or shrubs on private property are to be sprayed, the Town Forester shall notify the owner and follow the procedures outlined in Subsection C.
E. 
Cost recovery.
(1) 
The cost of abating nuisances on public property shall be paid by the Town.
(2) 
The cost of abating nuisances on private property, including but not limited to removal, treatment, labor, materials, equipment, contractor fees, and administrative expenses, shall be billed to the property owner. If unpaid by October 31, the total amount may be added to the property tax roll as a special charge pursuant to § 66.0627, Wis. Stats.
F. 
Appeals. Affected persons may file an appeal as provided in § 497-9.
G. 
Violations. Violations are subject to penalties under § 497-11.
A. 
Branch disposal options. Town of Grand Chute property owners and residents may dispose of tree branches by the following means:
(1) 
Use of the City of Appleton's yard waste drop-off sites, subject to their posted rules and hours of operation.
(2) 
The Town provides curbside residential tree branch collection service two times per year in the spring and fall for single-family and two-family residential properties abutting public streets only. This service is intended for branches generated by residents through routine pruning and yard maintenance of trees on their property. It is not intended for large-scale removal or cleanup performed by commercial contractors.
B. 
Collection schedule. Branch collection services will follow the Town's regular garbage pickup schedule and will typically begin on the first Monday of May (spring) and the first Monday of September (fall). Branches shall be placed at the roadside by 6:00 a.m. on the corresponding Monday:
(1) 
Monday garbage route: first Monday of May or September.
(2) 
Tuesday/Wednesday garbage routes: second Monday of May or September.
(3) 
Thursday garbage route: third Monday of May or September.
(4) 
Friday garbage route: fourth Monday of May or September.
C. 
Branch collection rules. Single-family and two-family properties abutting public streets may place one branch pile per collection period per property, not exceeding 400 cubic feet, calculated on a loose branch pile with the following requirements:
(1) 
Branch pile cannot exceed four feet in height.
(2) 
Branch pile cannot exceed 10 feet in width.
(3) 
Branch pile cannot exceed 10 feet in length.
(4) 
Any individual branch cannot exceed eight feet in length or be shorter than three feet in length.
(5) 
Any individual branch cannot exceed 12 inches in diameter and 75 pounds in weight.
(6) 
Branches are to be stacked neatly and loosely along the shoulder or curb of the road. Cut ends are to face the road.
(7) 
No root balls, stumps, construction debris, grass clippings, thorny brush, leaves, or shrub trimmings will be accepted. If these unaccepted materials are comingled with branches, the branch pile will be rejected in full and left at the property owner's responsibility to remove.
(8) 
Branches shall not be placed in the right-of-way more than 72 hours prior to the corresponding Monday in accordance with the collection schedule, except in the event of a severe weather incident.
D. 
Emergency collection authority. In the event of a severe weather incident or similar emergency, the Public Works Director or designee may suspend or modify normal branch collection procedures to protect public safety.
E. 
Enforcement and cost recovery. Branch piles in violation of Subsection C shall result in a notice affixed to the pile indicating the violation. Property owners shall remove the pile within seven calendar days of the date on the notice. Failure to comply shall authorize the Town to remove the pile. All associated costs, including but not limited to labor, equipment, and administrative expenses, shall be billed to the property owner. If unpaid by October 31 of the calendar year, the amount may be added to the property tax roll as a special charge pursuant to § 66.0627, Wis. Stats.
Any person affected by an order or determination issued under this chapter may file a written appeal with the Town Clerk within 15 calendar days of the order's issue date. The Town Board shall hear the appeal within 30 calendar days of receipt and shall issue a formal decision affirming, reversing, or modifying the order. The Town Board's decision shall be final. However, the decision to issue a fine, assess a penalty, issue a citation, pursue injunctive relief, or to pursue legal or equitable relief under § 497-11 shall not be reviewable by the Town Board.
Wis. Stats., § 27.09 and § 86.03, are adopted and incorporated by reference. These statutes pertain to municipal authority over trees and rights-of-way and shall have the same force and effect as if fully set forth herein.
Any person, firm, partnership, or corporation that violates any provision of this chapter shall, upon conviction, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution. In default of payment, the offender may be imprisoned in the county jail for up to 30 days, or the maximum period allowed by law. Each day a violation continues constitutes a separate offense. This section shall not preclude the Town from seeking injunctive relief, abatement, or other appropriate legal or equitable remedies to prevent, remedy, or remove a violation.