New York’s Surprising Law About Birds Nests In Your Home

Birds are cool to look at, especially around this time of year. It means the weather is getting warmer, and summer will be here soon. But it's easy to get annoyed with them when they start building their nests around your house.

Birds' nests can be a huge inconvenience on your property

People who have had to deal with birds that have built nests on their property or in their house know that they can be a real pain in the neck. Not only do some birds get protective of their nests, but they can be destructive too. They find ways of getting into your eaves, into your shed or garage, and let's not even get started on the poop that they leave around the nest either.

But if there are eggs or chicks in that nest, you're best to just deal with them for awhile.

It can be illegal to remove a bird's nest from your home in New York State

Depending on what stage the nest is in, it could be illegal for you to remove that nest from your home. It's part of the federal Migratory Bird Treaty Act (MBTA), which "prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service.

That means it is illegal to take, possess, import, export, transport, sell, or kill native migratory birds, their nests, eggs, or feathers without a permit. It's a pretty stiff penalty too. Violations can result in fines up to $15,000 and imprisonment for misdemeanor violations, or up to $100,000 and one year in jail for felonies.

When is it ok to take the nest away?

There is a list of birds to which this act does not apply. See that here.

If the bird in question hasn't left the nest, it's considered an "active nest" and you have to leave it alone. Once the bird leaves, the nest can normally be removed without a problem.