Highway Right of Way Issues:

The width of the Town road Right of Way by Wisconsin Law (WI Stat 82.18) is presumed to be 66 feet or 33 feet on either side of the center line (when no government acquisition records exist).

The Town is responsible for removal of trees, brush, and other vegetation in the right of way (which may include crops approaching the Town roads) in order to keep the roads safe for travel (WI Stat 82.03 and 893.83). Note: If any tree falls from adjacent land into any road right-of-way, the owner or occupant of the land shall immediately remove the tree from the road right-of-way. If the property owner following notice from the Town does not remove the tree, the Town may remove any fallen tree or trees therein and charge the cost to the property owner (WI Stat 66.0627).

Town of Dane Right of Way Ordinance: 2025/01/Right-of-Way_Ordinance-2025-1.pdf

Tree Management in the Road Right of Way

Generally, trees within the right-of-way are managed to ensure safety and clear visibility for traffic, with dead or hazardous trees requiring removal. Fallen trees from adjacent land must be removed by the landowner or occupant of that land. If the landowner fails to remove a fallen tree, the public authority can remove it and charge the cost to the landowner. As of 8/04/2025, per vote of the Town Board, the Town of Dane charges $175/hour for removal of trees that fall from private land onto the right-of way.

In Wisconsin, trees within a highway's right-of-way are generally subject to specific regulations found in Wisconsin Statute 86.03 . The right-of-way width dictates the area where the town or municipality has control over vegetation. Owners of land adjacent to the highway can plant trees within 10 feet of their property line with approval, but the public authority maintaining the road can also remove or trim those trees.

See Wisconsin Statute 86.03 for specific details: https://docs.legis.wisconsin.gov/statutes/statutes/86/03

Legal Discussions from Wisconsin Towns Association with Reference to WI Statutes:

Permitting Activities in the Right of Way (April 2018)
Highway Right of Way Issues (Dec. 2016)
Managing Highway Right of Ways (August 2014))