When birds build a nest, they aren’t thinking about how their nest will affect humans or their property. They’re just looking for a safe place to put their nest to raise their young.
Unfortunately, nests may sometimes pop up in inconvenient spots, such as on top of doors, under your backyard grill cover, under your patio umbrella, on windowsills, or even in garages.
What are you supposed to do in that situation? What can you do, if anything?
Ultimately, the answer is usually that you can’t do much legally once nesting birds have laid their eggs. Bird nests are protected under the Migratory Bird Treaty Act.
This law, described by the National Audubon Society as “America’s most important bird protection law,” states the following: “No person may take (kill), possess, import, export, transport, sell, purchase, barter, or offer for sale, any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit….”
Those permits to remove active nests are issued by the U.S. Fish and Wildlife Service “under very limited circumstances,” according to the agency, typically only if the nest is causing a human health or safety concern or the birds are in danger.
The Fish and Wildlife Service typically requires that you wait for the nest to become inactive before destroying it. This means that it doesn’t contain eggs or baby birds and is no longer used by the birds for breeding.
According to the Fish and Wildlife Service, the Migratory Bird Treaty Act does not prohibit destroying a nest that does not contain eggs or birds in it as long as you don’t possess the nest in the process.
Nest destruction in which birds or their eggs are killed is illegal. Wildlife officials discourage the destruction of wild birds nests.
All native bird species are protected by the Migratory Bird Treaty Act, though it does not apply to certain invasive birds like house sparrows and European starlings.
Discouraging Certain Nesting As It Happens
Let’s say you notice a bird starting to build its nest somewhere inconvenient, such as on the top of your door frame. You know that as soon as a nest is built and you open that door, the nest could be in trouble.
You will need to act before the bird finishes building the nest. Discourage the bird by removing nesting material, such as twigs or grass, before any eggs are laid. Once the bird lays eggs in the nest, it is illegal to touch it.
Frequently Asked Questions
Do Birds Abandon Their Nest if You Move It?
Birds may return to a nest that’s moved close enough for them to find it. If you can move a nest before birds lay eggs in it, there’s a chance they may still use it when moved.
If you want to give them a chance to continue to use it, move it a short distance at a time to allow them to find it and continue building it.
Once there are eggs in the nest, it is illegal to possess or destroy the nest.
Can You Safely Relocate a Bird’s Nest With Eggs?
Once a nest has eggs, the Migratory Bird Treaty Act prohibits you from moving it. Safely discourage a bird from nesting before it is active, or you’ll need to wait until it’s no longer an active nest.
When Can You Move a Bird’s Nest?
Bird nests are almost never allowed to be moved. The Migratory Bird Treaty Act prohibits disturbing an active bird nest.
With a U.S. Fish and Wildlife Service permit, you can move a nest, but those are issued only in limited circumstances where the nest is in danger or causing a human health and safety concern.
You can move a bird’s nest if the nest is not being actively used, such as after the breeding season is over and the parents have abandoned it.
What Is the Migratory Bird Treaty Act?
Passed by Congress in 1918, the Migratory Bird Treaty Act codified a treaty signed with Canada, according to the National Audubon Society.
It protects migratory birds and their nests and eggs, with certain exceptions, from hunting, capturing, possession, sale, or transport without a permit issued by the federal government.