Is it illegal to remove a bird nest from your house?
Generally illegal if the nest contains eggs or live chicks of migratory bird species.
Removing a bird nest is illegal under federal law if it is currently 'active' with eggs or brooding birds. Most common backyard birds in the United States, such as robins, swallows, and wrens, are protected species. While you can typically remove an inactive or empty nest built outside of the breeding season, disturbing a nest with shells or fledglings can lead to criminal charges. You must wait for the birds to naturally vacate the nest before clearing it from your property.
RELEVANT LAWS
- 16 U.S.C. §§ 703–712Migratory Bird Treaty Act (MBTA)
- 50 CFR Part 21Federal Migratory Bird Permits
- 16 U.S.C. § 1538Endangered Species Act (prohibiting 'take' of certain rare birds)
POTENTIAL PENALTIES
- Fines up to $15,000 per violation for individuals
- Up to 6 months in federal prison for misdemeanor violations
- Potential felony charges for commercial exploitation or repeated offenses
- Civil penalties and mandatory restitution for habitat destruction
JURISDICTION
While federal law covers migratory species, state-level conservation acts may provide additional protections even for non-migratory birds.
The Migratory Bird Treaty Act protects over 1,000 species, including common ones like the American Crow, but excludes invasive species like the House Sparrow and European Starling.
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