§ 153. Custody of shade trees. The town superintendent shall have
control of all shade trees in the town highways of the town, but not
within the limits of an incorporated village, and shall prosecute
complaints for malicious injury to, or unlawful acts concerning public
shade trees. Upon recommendation of the town superintendent, the town
board of any town may appropriate general town moneys for setting out
and preserving shade trees along the highways of any class in such town;
but no tree shall be so set out in a state highway without the consent
in writing of the commissioner of transportation except in a village of
the first or second class, nor shall any trees be so set out in a county
road without the written consent of the county superintendent, except in
villages of the first and second class. Trees set out in a state highway
under the provisions of this section shall not be removed without the
written consent of the commissioner of transportation. Trees set out in
a county road under the provisions of this section shall not be removed
without the written consent of the county superintendent. Trees set out
in a state highway within villages of the first and second class which
tend to make travel or traffic thereon unsafe or hazardous shall be
removed or their location changed by the proper village autohrity when
such removal or change of location is ordered by the commissioner of
transportation.