Madison plan commission refers street-tree protection ordinance for more stakeholder review

The City of Madison Plan Commission voted unanimously on Aug. 11 to refer proposed amendments to the city’s street-tree protections to the commission’s Aug. 25 meeting to allow additional stakeholder review and clarification.

The item, Legistar 89,254, would amend multiple sections of the Madison General Ordinances to expand the city’s tree protection zone, require professional arborist engagement in many development situations, create a dedicated street tree replacement fund and add stronger permit-based remedies when protected trees are harmed. City arborist Ian Brown presented the proposal, describing large, mature trees as “necessary infrastructure” and urging earlier involvement of Forestry in development projects.

Brown said the ordinance would replace the current single 5-foot protection distance with a size-based approach (one foot of protection radius per inch of trunk diameter), consistent with industry guidance, and would give Forestry more opportunity to guide site work before damage occurs. He told the commission that an inventory by the Wisconsin DNR and the U.S. Forest Service showed roughly 10% of Madison’s trees (those 15 inches or greater in diameter) supply about 53% of the city’s leaf area and thus most canopy benefits.

Brown also described enforcement and compensation mechanisms: the city would be permitted to suspend or revoke certain permits (for example, right-of-way occupancy permits) when a protected tree is damaged and the draft sets a financial measure for removals; Brown said removal compensation would be assessed at $150 per diameter inch and that the new fund would ensure those monies are used for tree planting and site improvements rather than going to the general fund. He said staff expect an implementation date of Jan. 1, 2026 if the ordinance is adopted, and outlined a committee and council schedule that would include hearings before Public Works and Board of Public Works prior to council action.

Public commenters and commission questions emphasized process and implementation. Bill Connors, representing Smart Growth Greater Madison, said the organization neither supported nor opposed the ordinance in its current form but objected to a lack of early, formal outreach to contractors and developers and warned the measure could add regulatory delay and cost to housing construction. Sandra Ward, co‑chair of the Capital Neighborhoods Tree Protection and Planting Committee, registered her support and described the changes as having “the potential to protect one of Madison’s most important resources, our canopy trees.”

Commissioners and alder members pressed staff on several practical points: how much additional staff time and site visits the ordinance would require; how the change would interact with existing Development Assistance Team (DAT) review and standalone city projects (for example, sidewalk replacement); whether the new protection radius applies only to right-of-way trees; and how urgent, last-minute field decisions would be handled without halting construction. Brown said developers would be expected to submit arborist reports prepared by a certified arborist as part of land-use permits so Forestry would be reviewing applicant-provided data rather than performing all field measurements itself. He said Forestry and City Engineering have been increasing coordination and that Forestry now owns an air-spade excavation tool to help evaluate roots non-destructively.

Commissioners repeatedly requested clearer language about scope (right-of-way vs. private property), the radius measurement (Brown stated the proposed distance is a radius measured from the trunk/root flare), and how the proposed permit remedies would work in practice; Brown said permit suspension of right-of-way permits is included as a last-resort enforcement tool to provide “teeth” beyond financial penalties. Several commissioners recommended more stakeholder outreach and clarification before sending a recommendation to the Common Council.

Alder Field moved and Commissioner Solheim seconded a motion to refer the ordinance to the Plan Commission’s Aug. 25 meeting for further consideration; the commission approved the referral unanimously.

What’s next: The commission will reconsider the ordinance on Aug. 25; Brown said other scheduled hearings include the Sustainable Madison Committee and Finance (Aug. 25) and Board of Public Works (Sept. 3) with a planned council vote later in September. If enacted, the ordinance would take effect Jan. 1, 2026.

Quotes (selected): “I think like I said this is something that the community has asked for…trees are necessary infrastructure,” said Ian Brown, city arborist for the City of Madison. “We object to the process…there was absolutely no effort to reach out to the experts on construction issues, the community of general contractors and developers,” said Bill Connors of Smart Growth Greater Madison. “The changes have the potential to protect one of Madison’s most important resources, our canopy trees,” said Sandra Ward, co‑chair, Capital Neighborhoods Tree Protection and Planting Committee.

Ending: Commissioners instructed staff to refine language and to schedule additional stakeholder outreach and clarifications ahead of the Aug. 25 meeting. The commission did not make a recommendation to the Common Council on Aug. 11 and will take up the item again at the next meeting.