Cutting down a tree that has an active bird’s nest is illegal in many places. Birds and their nests are protected under the Migratory Bird Treaty Act in the United States, the Wildlife Act in the UK, and similar legislation in other countries. There can be legal consequences for removing or destroying an active nest.
Is it illegal to cut down a tree with a bird nest?
In the United States, it is illegal to remove or destroy an active nest of any bird species that is protected under the Migratory Bird Treaty Act. This includes all native bird species. The law prohibits the removal of nests with eggs or baby birds still in them. Empty nests can typically be removed, as long as no eggs or chicks are harmed in the process.
In the UK, all wild birds, their nests, and eggs are protected under the Wildlife and Countryside Act 1981. It is illegal to intentionally damage or destroy an active nest of any wild bird while it is in use or being built. Exceptions may be made under special license for certain purposes like tree maintenance or construction projects.
Many other countries have similar laws protecting migratory birds and their nesting sites. The consequences for violating these laws can include fines and even imprisonment. So it is very important to check the local laws before cutting down any tree that may have an active nest.
When is a bird’s nest protected from being removed?
A bird’s nest becomes legally protected as soon as birds begin building it. Nests with eggs or baby birds (nestlings) in them have the strongest legal protections. An active nest cannot be disturbed without permission and oversight from wildlife officials.
Nests that are empty and no longer in use have fewer protections. However, it is still illegal to knock down a nest while birds are constructing it or using it. Birds often reuse the same nesting site year after year.
Here are some general guidelines on when a bird’s nest is protected:
- Nest building – Protected. Birds build a new nest each season. It is illegal to remove nests under construction.
- Eggs – Fully protected. Nest cannot be disturbed once eggs are laid.
- Baby birds – Fully protected. Nestlings are very vulnerable and have the strongest protections.
- Fledged young – Protected. Nest should be left alone until young are fully independent.
- Empty nest – Limited protections. Can be removed only once birds are done nesting for the season.
The exact dates and provisions may vary based on species and local laws. If in doubt, consult an expert before altering or removing a nest.
What are the penalties for removing an active bird’s nest?
There are legal punishments for knocking down a tree or nesting site with baby birds or eggs. The penalties depend on the laws and how the violation is prosecuted.
In the United States, violations of the Migratory Bird Treaty Act can include:
- Criminal misdemeanor – Fines up to $15,000 and/or imprisonment up to 6 months
- Felony conviction – For major violations, fines up to $250,000 and/or 2 years imprisonment per individual bird nest
- Civil penalties – Up to $25,000 per nest
In the UK, illegal destruction or damage to a wild bird nest can lead to:
- Fines up to £5,000 per offense
- Up to 6 months imprisonment
Other consequences may include probation, community service, and forfeiture of equipment used. Organizations and companies can face much larger fines.
How can you avoid disturbing nests when removing trees?
Here are some tips to avoid harming bird nests when cutting or trimming trees:
- Conduct work outside nesting season – Routine tree removal is safest in late fall to early winter when nests are empty.
- Inspect trees closely before removal – Watch and listen for signs of nesting birds.
- Delay work until nesting is done – Halt tree cutting if birds are spotted nesting in the tree.
- Install nesting prevention – Use deterrents like metal spikes, netting, or wires to keep birds from nesting on trees marked for removal.
- Obtain proper permits – Consult local wildlife agencies for advice and permits if active nests are found.
- Monitor nest until vacant – You may be able to remove nest once breeding season ends and the nest is vacant.
Leaving snags or dead trees standing can also provide alternative nesting sites and prevent birds from building in hazardous trees marked for removal.
Can you remove a bird’s nest after it is abandoned?
In most cases, it is legal to remove a bird’s nest once it has been completely abandoned for the season. However, there are some important things to keep in mind:
- Make absolutely certain the nest is vacant – Observe for signs of activity over several days.
- Don’t remove until breeding season fully concludes – Better to leave nest until late fall when all young have migrated.
- Be aware some birds reuse nests – Exceptions include bald eagles, ospreys, herons, and barn owls who may repair and reuse an old nest.
- Check laws regarding vacant nests – Some species like eagles, owls, and hawks have enhanced protections.
- Photograph nest before removal – This can help demonstrate the nest was empty and not damaged if questions arise later.
When in doubt, it is generally best to avoid removing any bird’s nest whenever possible. An expert can help determine if a nest is clearly abandoned based on the species and situation.
What happens to baby birds if a nest is removed?
If an active nest with baby birds (nestlings) inside is destroyed, the results are usually fatal for the chicks. Newly hatched birds are completely dependent on their parents for food and protection. Removing them from the nest leaves them exposed to predators, weather, and starvation.
Here are some things that may happen to baby birds if their nest is knocked down or removed:
- Chilling – Nestlings cannot yet regulate their body heat and will quickly become hypothermic.
- Overheating – Direct sun exposure can also lead to dangerous overheating.
- Starvation – Nestlings rely on parents to deliver food consistently.
- Dehydration – Babies deprived of their mother’s regurgitated water will dehydrate.
- Predation – Vulnerable babies left out of the nest make easy prey.
- Injury or death – Falling from the nest or being bitten and killed by a predator.
Nestlings that do manage to survive a nest removal incident may end up permanently orphaned if the parents cannot locate or access them to continue caring for them.
Can you return baby birds to a nest after removing it?
It is extremely risky to attempt putting nestling birds back into a nest after it has fallen or been removed. There is no guarantee the parents will come back to care for displaced chicks. However, in rare cases it may be possible to reattach a nest if done properly:
- Act immediately – Restore original nest location quickly before parents leave or chicks expire.
- Use experienced wildlife rehabilitator – They are trained in safe nest restoration methods.
- Secure nest firmly – Use natural materials to remount nest securely in its original positioning.
- Observe from a distance – Watch to confirm parents return and resume feedings soon after.
- Be prepared to intervene – Remove and rehabilitate chicks if parents do not return promptly.
It is generally better to avoid nest disturbances entirely. But under the right circumstances and in expert hands, nest restoration can possibly be successful.
Can you save a fallen baby bird by returning it to the nest?
When baby birds fall or get knocked out of the nest, resist the urge to simply put them back. Returning fallen nestlings to the nest is risky and often unsuccessful:
- Parents may reject displaced chicks – They might sense something is wrong and abandon the babies.
- Nest access may be impaired – If nest is damaged, adults may no longer be able to reach it.
- Predators may be attracted – Handling chicks can leave human scent that draws predators.
- Chicks may fall again – Undeveloped muscles and grasping reflexes make them unstable.
- Health issues are possible – Babies can develop hypothermia, dehydration, and injury after they fall.
Instead of putting a fallen nestling back yourself, quickly contact a wildlife rehabilitator. They can safely evaluate the situation and give the bird proper treatment to increase chances of parental acceptance and survival.
What should you do if you find baby birds on the ground?
When baby birds are found on the ground, follow these steps for the best chance of survival:
- Stop all work immediately if nest disruption caused the fall.
- Determine if the babies are injured – Look for bleeding, wings/legs pointing wrong way, etc.
- Gently return uninjured birds to nest if you can safely reach it or have professional help to do so.
- Keep the area clear of pets and people so parents will return.
- Call a wildlife rehabilitator right away if parents do not come back or babies seem injured.
- Carefully transport the bird to a rehab facility if parents fail to return within an hour.
- Never try to feed or raise baby birds yourself – This requires special training and equipment.
With quick professional help, fallen nestlings may often still be successfully reunited with the adult birds or raised in rehabilitation if reunification fails.
Can you raise baby birds on your own if parents abandon them?
It is extremely challenging for untrained people to provide appropriate care for abandoned baby birds. Well-meaning individuals can easily do more harm than good. Here are some key reasons baby birds need expert help:
- Proper diet – Exact species-specific diets are vital, and improper food can be fatal.
- Frequent feedings – Nestlings eat every 15-20 minutes requiring round-the-clock care.
- Temperature regulation – Keeps babies warm or cool enough to maintain health.
- Socialization – Interacting with other birds is key to development.
- Flight training – Special techniques help build flight muscles and skills.
- Release conditioning – Prepares the bird for eventual return to the wild.
Additionally, it is illegal for anyone unpermitted to possess a migratory bird. Untrained individuals could face fines for keeping protected species without proper licenses. Wildlife rehabilitators have the right supplies, facilities, and expertise to give orphaned birds the best chance at surviving.
Can a licensed wildlife rehabilitator restore bird nests?
In many cases, licensed wildlife rehabilitators have special permission from government authorities to restore fallen or removed bird nests in limited circumstances. Typical guidelines include:
- Nest damage was accidental and unavoidable – Not intentional or due to negligence.
- Eggs or chicks are still viable – No long-term exposure that killed the developing birds.
- Original site remains suitable and accessible – Nest can be firmly reattached in the exact location.
- Adult birds are still present and attempting to care for young.
- Work is done quickly – Restoring the nest must happen fast to give parents time to resume care.
Licensed rehabilitators are trained in techniques to carefully move eggs or chicks and remount nests securely without further jeopardizing the birds. They also have required permits that allow them to handle protected species during emergency rescue efforts.
Can property owners be exempted for removing bird nests?
There are few exemptions to laws protecting active bird nests on public or private property. However, property owners may be able to obtain permits to remove nests in certain limited scenarios, such as:
- Safety issues – Nest poses a legitimate hazard to people or buildings.
- Construction projects – If work cannot feasibly be postponed until after nesting season.
- Routine maintenance – Like clearing branches or debris from a public road or power line.
- Health hazards – Bees or disintegrating nests causing problems for humans.
- Non-native nuisance species – Such as house sparrows or European starlings that aggressively displace native birds.
To qualify, property owners typically must be able to demonstrate that there are no viable alternatives and develop plans to prevent future nesting issues. Government officials will review applications carefully before issuing permits that override standard protections.
Can dead or dying trees with nests still be removed?
The health status of a tree does not override laws protecting active bird nests. Arborists and property owners still need to ensure no nest disruption occurs. Strategies like the following may be used:
- Carefully inspect tree for nests before removal – This may require bucket trucks for full access.
- Schedule tree work outside nesting season when nests are unoccupied.
- Deter nesting with wire mesh or spikes before breeding season.
- Scare birds away with sounds and decoys early in nest building phase.
- Remove nests only after confirming they are empty and unused.
- Obtain permits authorizing nest removal once eggs/chicks can survive outside nest.
Creative solutions that either prevent nesting or delay removals until after young have fledged will allow dangerous tree work while also protecting birds under the law.
Conclusion
Disturbing an active bird’s nest by cutting down a tree can lead to injury, death, or orphaning of vulnerable chicks still dependent on parental care. It also carries legal penalties like substantial fines and even jail time. To avoid harming birds, adhere to all laws that safeguard nesting birds, monitor trees closely before removing them, and seek proper permits and professional help whenever nests are discovered in hazardous trees or construction sites. With prudent planning, property maintenance can often proceed while still keeping birds safe during the breeding season.