Wausau Upheld a $550 Bill Against a Homeowner Whose Contractor Dug a Drainage Trench That Killed a City Linden He Thought Was His
A Wausau homeowner wanted to fix a wet basement. He hired a contractor, who dug a trench for a French drain along the front of his property. The trench cut through the roots of a linden tree, and by August the tree was dying.
The homeowner thought the tree was his. It belonged to the city. Earlier this month, Wausau’s Parks and Recreation Committee voted 4-0 to make him pay a $550 damage fee for it, Wausau Pilot & Review reported on Oct. 7.
A Basement Flood, a Trench and a Dying Linden
The homeowner, who lives on Stoneridge Drive and was not named in the report, bought the house in September 2024. His basement flooded the first spring after he moved in. He told the committee the flood ruined about $30,000 worth of belongings.
To stop it from happening again, he hired a contractor to dig a drainage trench for a French drain. The contractor left the job unfinished, and no permits were pulled for the digging. The trench ran close to a linden tree standing in the public right-of-way in front of the house. The work also damaged the curb.
City Forester John Kahon first saw the damaged tree on Aug. 11. By then it was already dropping leaves. Kahon told the committee the root system had been disturbed by the trench and that the damage was what caused the tree’s decline.
He Didn’t Know the Tree Belonged to the City
The homeowner’s defense was simple. He said he did not know the linden was city property. He also pointed out that the tree already had a crack in its trunk before the trench was dug.
Kahon disagreed that the crack explained the dieback. He said the root damage did.
The two men also gave conflicting accounts of an Aug. 24 conversation at the house. Kahon’s Aug. 25 assessment letter said the homeowner denied responsibility and said he would refuse to pay.
Wausau’s city code requires a written permit from the city forester before anyone disturbs a tree in a public area. No such permit was requested for the trench, according to the report. Plumbing Inspector Dennis Kurszewski also testified at the hearing.
A Flat Fee, Not the Tree’s Value
The $550 charge is not an estimate of what the linden was worth. It is a flat per-tree damage fee.
The homeowner asked the committee to treat the money as payment toward removing the tree instead, noting that $550 is also the city’s typical fee to remove a tree that blocks an approved project. The committee’s motion did not take up that request.
After deliberating in closed session, the committee voted 4-0 to affirm the fee. Alder Carol Lukens was excused.
Why the City Guards Its Street Trees
Wisconsin law gives cities wide control over trees along their streets. State statute 27.09 lets a city’s park board hire a city forester to plant, trim and protect trees in street strips, boulevards, parkways and public parks, and to control what others do there.
Wausau takes that role seriously. The city earned Tree City USA recognition again this spring. In a December 2025 briefing, Kahon urged alders to do more to preserve mature trees during street and construction projects, through earlier planning, contractor retraining and project specifications.
Marathon County’s urban forestry program lists what those trees do for the area: cleaner air and water, less erosion and stormwater runoff, lower energy use and cooler streets.
What Happens Next
The committee must notify the homeowner of its decision in writing within eight days and report to the Wausau City Council. He can appeal to the council within eight days of getting that notice.
The case shows how the tree between the sidewalk and the street is often not the homeowner’s, even when it shades the front yard. A drainage trench dug into its roots turned into a bill from the city.
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This article was produced with AI assistance and edited for accuracy against the sources linked above.
Image: Chris Light – CC BY-SA 4.0/Wikimedia Commons
