When a bird chooses an inconvenient location to build its nest, such as above a doorway or on machinery, the immediate question often becomes whether it is possible to move it. This dilemma requires balancing human needs with wildlife protection laws and the biological reality of avian behavior. Determining the proper course of action depends entirely on the nest’s status—specifically, whether it is currently in use—and understanding the significant risk factors involved in any attempted relocation. This information clarifies the legal standing of empty nests, the biological reasons relocation rarely works, and the steps to take if moving the nest is the only remaining option.
The Legal Status of Empty Nests
The legality of moving a bird’s nest is primarily governed by its status as either “active” or “inactive.” An active nest is defined as one that contains eggs or young birds, or one that is currently being built or used by a nesting pair. Disturbing, moving, or destroying an active nest is generally illegal under federal protection laws, such as the Migratory Bird Treaty Act (MBTA) in the United States.
However, the MBTA typically does not prohibit the removal or destruction of a nest that is completely inactive. An inactive nest is one that is built but does not yet contain eggs, or one from which the young have already fledged and left. While destruction of an inactive nest may be permissible, relocating it requires physically possessing it. This may necessitate specific authorization or a permit under MBTA regulations against possessing parts of a migratory bird, including its nest.
The determination of a nest’s status must be made with high confidence, as nesting behaviors can make it difficult to know if a nest is truly unoccupied. If removing a seemingly inactive nest results in the unintended death or disruption of a bird or its eggs, it is considered an unpermitted “take” and is prosecutable. Therefore, property owners must confirm that a nest is not being used or tended to before attempting removal.
Federal protection is not the only layer of law governing wildlife; state, tribal, or local laws may impose stricter rules. For instance, nests of species listed under the Endangered Species Act or the Bald and Golden Eagle Protection Act are protected even when inactive. Checking with local wildlife authorities is a necessary step before making any decision about moving a nest.
Avian Behavior and Site Abandonment Risk
Moving a nest, even if legally permissible because it is empty, carries a substantial risk of the birds abandoning the site entirely. Birds rely heavily on precise spatial memory and familiar landmarks to locate their nests. This spatial reference memory helps them retain information about consistent locations within their territory.
Moving a nest, even by a short distance, can disrupt this reliance on familiar external cues, making the nest unrecognizable to the parent birds. If the adult birds fail to recognize the new location, they often interpret the loss of the original site as a predation event or a change in environmental safety. This confusion commonly leads to them abandoning the compromised nest and restarting construction elsewhere.
The energy already invested in nest construction, which can be considerable, is often deemed less important than the risk of losing eggs or young at a site perceived as insecure. Studies indicate that parent birds may not accept the new location if it is more than a few feet away from the original site. This biological reality means that relocating a nest, even one without eggs, is rarely successful in convincing the birds to continue using it.
Practical Steps for Necessary Relocation
Relocation of an empty nest should only be considered as a last resort when the location poses a direct threat to the birds or a severe human safety hazard. If the nest is under construction or fully built but empty, the most effective timing for removal is when the adult birds are not present. This timing minimizes disturbance and prevents the adult from associating human presence with the disruption of their nesting effort.
If relocation is unavoidable, the new site must closely mimic the original one in terms of concealment and structural support. The distance moved should be minimal, ideally a maximum of five to ten feet, to give the parent birds the best chance of reorienting. The nest must be securely fastened in the new spot using twine or wire to ensure stability, as a loose nest is a common reason for abandonment.
A simpler alternative to relocation is using non-harmful visual or sound deterrents before the birds begin construction or lay eggs. Once the birds have successfully fledged, or the nesting season has concluded, the empty nest can be removed. The area can then be modified to prevent future construction. If there is uncertainty about the nest’s status or the species involved, contacting a local licensed wildlife rehabilitator or conservation officer can provide specific guidance.