Village of Clayton, WI
Polk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Clayton 3-1-2010 by Ord. No. 2010-01. Amendments noted where applicable.]

Property maintenance — See Ch. 382.

Subdivision of land — See Ch. 445.

Zoning — See Ch. 510.

§ 463-1

§ 463-2
Tree Board. 

§ 463-3
Permitted street tree species. 

§ 463-4
Spacing of street trees. 

§ 463-5
Distance from curb and sidewalk. 

§ 463-6
Distance from street corners and fireplugs. 

§ 463-7
Distance from utilities. 

§ 463-8
Public tree care. 

§ 463-9
Tree topping. 

§ 463-10
Pruning; corner clearance. 

§ 463-11
Removal of dead or diseased trees from private property. 

§ 463-12
Removal of stumps. 

§ 463-13
Interference with Tree Board prohibited. 

§ 463-14
Arborist's license; insurance requirements. 

§ 463-15
Review by Village Board. 

§ 463-16
Violations and penalties. 

As used in this chapter, the following terms shall have the meanings indicated:

Trees, shrubs, bushes, and all other woody vegetation in public parks having individual names and all areas owned by the Village or to which the public has free access as a park.
Trees, shrubs, bushes, and all other woody vegetation on land lying within any public right-of-way of all streets, avenues, or any other public ways located in the Village.

Creation and establishment. There is hereby created and established a Village Tree Board for the Village of Clayton, Wisconsin, which shall consist of five members, citizens and residents of this Village, who shall be appointed by the Village President with the approval of the Village Board.


Term of office. The term of the five persons to be appointed by the Village President shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year, and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.


Compensation. Members of the Board shall serve without compensation.


Duties and responsibilities. It shall be the responsibility of the Board to study, investigate, counsel, and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas. Such plan will be presented annually to the Village Board and, upon its acceptance and approval, shall constitute the Official Comprehensive Village Tree Plan for the Village of Clayton, Wisconsin. The Board, when requested by the Village Board, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.


Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

The following list constitutes the official street tree species for the Village of Clayton, Wisconsin. No species other than those included in this list may be planted as street trees without written permission of the Village Tree Board.


Small trees: flowering crabapple, carpinus caroliniana (blue beech), golden rain tree, hawthorne, ironwood, sorbus decora, Japanese lilac, purple leaf plum, serviceberry.


Medium trees: linden or basswood, ginnala, tatarian maple, red oak, Japanese pagoda tree, and river birch.


Large trees: Kentucky coffeetree, silver maple, sugar maple, bur oak, free manii maple (autumn blaze), elm, northern pin oak, hackberry, thornless honey locust, cottonwood (cottonless male).

The spacing of street trees will be in accordance with the three species size classes listed in § 463-3 of this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 463-3 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.

No street tree shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet to any fireplug.

No street trees other than those species listed as small trees in § 463-3 of this chapter may be planted under or within 10 lateral feet of any overhead utility wire or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.


The Village shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.


The Village Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric power lines, gaslines, waterlines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §§ 463-3 through 463-7 of this chapter.

It shall be unlawful as a normal practice for any person, firm, or Village department to top any street tree, park tree, or other 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. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Tree Board.

Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.

The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or disease which constitutes a potential threat to other trees within the Village. The Village Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax bill.

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

It shall be unlawful for any person to prevent, delay or interfere with the Village Tree Board or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds as authorized in this chapter.

It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the Village without first applying for and procuring a license. The license fee shall be established from time to time by the Village Board; provided, however, that no license shall be required of any public service company or Village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $250,000 for bodily injury and $500,000 for property damage indemnifying the Village or any person injured for damages resulting from the pursuit of such endeavors as herein described.

The Village Board shall have the right to review the conduct, acts and decisions of the Village Tree Board. Any person may appeal from any ruling or order of the Village Tree Board to the Village Board, which may hear the matter and make final decision.

Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to forfeiture not to exceed $100.