If you manage commercial buildings, apartment communities, healthcare facilities, or retail centers, bird issues are part of the job. Nests in rooflines. Geese on landscaped lawns. Pigeons roosting on signage or parking structures.
It can be tempting to treat birds like any other pest problem. Call a vendor, remove the issue, move on.
But birds are different. A federal law called the Migratory Bird Treaty Act, or MBTA, changes what you can and cannot do. And if you oversee property operations, this law directly affects your risk exposure.
Understanding it is not optional. It is part of responsible property management.
Why the MBTA Was Created
The Migratory Bird Treaty Act (MBTA) was passed in 1918 after bird populations in North America dropped sharply due to unregulated hunting and commercial use of feathers. Some species were close to disappearing.
The United States entered into an international treaty to protect migratory birds that crossed borders, and Congress made those protections law through the MBTA. Additional agreements later expanded protections to more species.
Today, the MBTA protects more than 1,000 native bird species. It remains one of the foundational laws of wildlife conservation in the country.
The law was designed to prevent overharvesting and stabilize bird populations. But because birds live and nest on developed properties, it also affects day to day property operations.
Who Enforces the MBTA?
The MBTA is enforced by the U.S. Fish and Wildlife Service under the Department of the Interior.
This agency:
- Maintains the list of protected species
- Issues permits when certain actions are allowed
- Investigates violations
- Works with the Department of Justice when enforcement is necessary
Because this is a federal law, violations can lead to federal penalties.
Federal Law Is Just the Beginning
To make things more complicated, the MBTA is only one layer of the regulatory picture. Many state wildlife agencies and local governments also impose additional restrictions when it comes to bird management.
Some states have enacted their own migratory bird protections that go beyond the MBTA. Others regulate specific management techniques, require state-issued permits in addition to federal ones, or restrict certain control methods that may be permitted elsewhere. At the municipal level, cities and counties sometimes have ordinances that further limit what can be done, even when both federal and state law would otherwise allow it.
What this means practically: a bird management approach that is entirely lawful in one state or city may require additional permits, different methods, or professional licensure in another state or in another city within the same state. Compliance is not one-size-fits-all. It depends on where your property sits within this layered regulatory system.
This is one of the key reasons working with a company that operates nationally and understands multi-jurisdictional compliance is so valuable. A qualified bird management professional knows not just what federal law allows, but what is permitted and what is restricted in your specific location.
Which Birds Are Protected?
The MBTA protects most native migratory birds in the United States, including:
- Songbirds
- Waterfowl
- Shorebirds
- Birds of prey such as hawks and owls
In fact, in the United States, 99.7% of bird species are protected, with the only exceptions being certain non-native species such as: barn swallows, European starlings, and rock pigeons. The law makes it illegal to “take” a protected bird without authorization. Take includes killing, capturing, harming, or possessing a bird. It also includes destroying active nests or eggs.
You cannot assume a species is unprotected just because it is common. Many birds that appear ordinary are federally protected. Proper identification is critical before acting.
What This Means for Bird Management
One of the biggest mistakes property managers make is treating bird issues like routine pest control.
If a protected bird has an active nest on your property, you generally cannot remove that nest on your own. You cannot destroy eggs. You cannot take action that impacts birds without proper authorization. Even maintenance activities can create risk. Pressure washing, roof repairs, or construction work that disturbs active nests may violate the MBTA. But that does not mean you are powerless when confronting bird issues.
In many cases, action can be taken, but only by or with the involvement of certified bird management technicians who hold the appropriate credentials or permits. Depending on the state, certain activities such as nest removal, population management, or hazing may be authorized for licensed professionals in ways they are not for property owners or general contractors. This is a critical distinction. The question is rarely “can anything be done” but rather “who is authorized to do it.”
Timing matters as well. Preventive measures taken before nesting begins are very different from actions taken once eggs are present. Once a nest is active, your options are more limited — but a certified technician who understands both federal and local regulations may still have tools available that you do not.
This is why planning ahead, and partnering with the right professionals, is so important.
Potential Ramifications and Real Consequences
Violating the MBTA can result in fines of up to $15,000 per violation for misdemeanor offenses. More serious or intentional violations can carry higher penalties and possible criminal charges.
There have been enforcement cases where companies faced substantial fines after protected birds were killed as a result of their operations. In some situations, courts have required long term bird protection plans in addition to financial penalties.
Even when penalties are not severe, investigations are disruptive. They require documentation, legal review, and corrective action. For property managers, that can mean operational delays, added costs, and reputational risk.
Many violations happen because someone did not realize a nest was protected. A maintenance crew removes debris without checking for active eggs. A contractor clears a roofline during nesting season. A property attempts relocation without confirming the species involved.
These situations are avoidable with the right guidance.
Why a Proactive Approach Matters
Birds use structures that provide shelter, height, or nearby food sources. That includes:
- Rooflines and ledges
- HVAC equipment
- Parking garages
- Signage
- Landscaped areas and water features
Waiting until birds are actively nesting limits your options.
A proactive strategy may include identifying species on site, monitoring activity during nesting season, installing exclusion or deterrence systems before nests are built, and scheduling maintenance to avoid peak nesting periods.
When you plan ahead, you maintain flexibility. When you react too late, the law may restrict what you can do.
The Value of Working With Experts
Bird management is not just about deterrents. It requires understanding which species are present, whether they are protected, and what actions are legally permitted under federal, state, and local law.
This is where working with a company like Wild Goose Chase makes a real difference. Property managers are not typically authorized to take direct action against protected birds on their own — but that does not mean nothing can be done. Wild Goose Chase’s certified technicians hold the credentials, knowledge and permits that allow them to take compliant action that property owners cannot.
Wild Goose Chase brings nearly 30 years of experience in both bird control strategy and regulatory compliance across multiple states. For property managers, that means you are not left wondering what is allowed or waiting out a nesting season with no options. It means having a qualified partner who can act on your behalf, legally and effectively.
Final Thoughts
The Migratory Bird Treaty Act has protected bird populations for more than a century. For property managers, it also creates clear responsibilities. Birds are not simply another pest category. Many are protected wildlife under federal law.
Knowing the difference, and working with professionals who understand the rules, helps protect your property, your budget, and your reputation. Contact us today to learn more!
Frequently Asked Questions
1. Can I remove a bird’s nest from my property?
It depends on the species, whether the nest is active, and where your property is located. If the nest belongs to a bird protected under the Migratory Bird Treaty Act and contains eggs or chicks, it generally cannot be removed without proper authorization. Removing an active nest could be considered a violation of federal law. State and local regulations may add further restrictions on top of that federal baseline.
If the nest is inactive and no eggs or chicks are present, removal may be allowed under federal law — but again, state or local rules may apply. A certified bird management technician operating under the appropriate permits may be able to take action that a property owner cannot. Proper identification of the species and nest status, along with knowledge of the regulations in your area, is critical before taking any action.
2. Are pigeons protected under the Migratory Bird Treaty Act?
Most commonly encountered rock pigeons are not protected under the MBTA because they are considered non-native. However, not all birds that look similar are unprotected. Misidentification can lead to compliance issues.
Before taking action, it is important to confirm the species involved, especially if there is any uncertainty.
3. What should I do if birds start nesting on my property?
The best first step is to pause and assess the situation. Avoid disturbing the nest until the species and nesting status are confirmed. From there, consult a bird management professional who understands bird control regulations.
A proactive plan can help you determine whether action is allowed, whether a permit may be required, and how to prevent future nesting without violating the law.
4. Does bird control law vary by state or city?
Yes, and this is one of the most commonly misunderstood aspects of bird management compliance. The MBTA establishes federal protections that apply everywhere in the United States. But states and municipalities can, and often do, impose additional requirements on top of federal law. This can include state-issued permits, restrictions on specific control methods, or prohibitions on certain activities that would otherwise be federally permitted.
What is legal in one state may not be legal in another. What is permitted at the state level may be further restricted by a city or county ordinance. This is why it is important to work with a bird management company that understands the specific regulations in your area, not just the federal baseline.
Tom Kupkovits is a lead biologist for Migratory Bird Management and Wild Goose Chase. He specializes in staying up to date on bird management laws and regulations and works closely with federal and state agencies to navigate permitting requirements.