Finding a bird’s nest in an inconvenient spot, such as on active construction equipment, within a door wreath, or near a busy entryway, presents a common dilemma. While the initial impulse may be to move the nest to a safer or less disruptive location, any intervention is a delicate process that is often illegal for most native bird species. Understanding the biological status of the nest and the strict legal protections surrounding it is the necessary first step before considering any action.
Legal Protection and When Moving is Prohibited
Most native bird species and their nests in the United States are protected by federal law under the Migratory Bird Treaty Act (MBTA). This legislation makes it unlawful to “take,” which includes possessing, selling, destroying, or disturbing, any migratory bird, its parts, eggs, or nest without a valid permit. Violating this act by disturbing an active nest is considered a federal crime and can lead to severe consequences, including substantial fines.
The MBTA’s protections apply to nearly all native bird species, including non-migratory ones, with exceptions only for non-native species like the European Starling and House Sparrow.
Obtaining a federal permit to move an active nest is rare, typically granted only in cases of imminent public health or safety risk. Permits are not issued simply because a nest is causing a minor inconvenience or delaying a project. Therefore, moving an active nest is almost always prohibited by law and should not be attempted by a private individual.
Assessing the Nest Status
The legality of moving a nest hinges on determining its biological status: whether it is “active” or “inactive.” An active nest is defined as one that contains eggs or young, or one where a parent bird is actively building, incubating, or brooding. Conversely, an inactive nest is one that is empty and has been abandoned after the young have successfully fledged, or one that was partially built but never used.
To make this determination, observe the nest safely and from a distance of at least 10 feet to avoid causing stress to the parents. Watch for adult birds consistently bringing food to the nest or sitting low within the structure for extended periods, which indicates incubation or brooding. If you observe consistent parental activity over a period of 48 to 72 hours, the nest must be considered active.
If the nest is high up or otherwise inaccessible for close observation, assume it is active if it is found during the typical nesting season, which generally runs from early spring through late summer. If the nest is confirmed to be active, the only legal and ethical recourse is to wait until the young have naturally left the nest. For many common songbirds, the entire nesting cycle, from egg laying to fledging, is a relatively short period of about four to five weeks.
Techniques for Relocation
Relocation should only be considered for nests legally determined to be inactive, or in the rare, permitted event of an emergency move. The best time to remove a truly inactive nest is outside of the breeding season, typically in the late fall or winter. This timing avoids the risk of confusing the nest with one that is merely in the early stages of being built or refurbished for a second clutch.
If the nest is confirmed inactive and requires removal, wear gloves to protect yourself from parasites and to avoid leaving a lingering scent. If the goal is to save a vulnerable nest structure for potential reuse by the same species, the relocation must be done with extreme care. The new site should closely mimic the original location’s height, cover, and proximity to the original spot.
The new location should be secured, ideally within a few feet of the original site, and placed in a sheltered, quiet spot with predator protection. You can use a small, open container, like a basket or plastic tub, to support the nest’s structure during the move. Secure this new container to a stable branch or surface with wire or string so it cannot be easily dislodged by wind or rain. After removing an inactive nest, the original area should be thoroughly cleaned using a diluted solution of one-part chlorine bleach to nine parts water to remove any lingering nesting material or scent.
Alternatives to Moving and Preventative Measures
If an active nest poses a significant inconvenience, the alternatives involve human adaptation and patience. If the nest is in a high-traffic area, such as a doorway or walkway, consider cordoning off the area with temporary barriers and using an alternate route until the young have fledged. For construction sites, the most effective alternative is to temporarily reschedule or halt work in the immediate vicinity of the nest until the nesting cycle is complete.
Waiting is the safest and most biologically sound choice, as moving an active nest risks abandonment. Once the nesting season has passed, implement preventative measures to stop birds from building in undesirable locations next year.
Installing physical barriers like fine mesh netting or specialized anti-perching devices, such as angled spikes, can deter birds from landing and building. Blocking small, sheltered openings like vents, eaves, or gutters with wire mesh prevents birds from accessing protected nesting cavities.
Installing these deterrents during the off-season is the only way to legally and safely control where birds choose to nest the following spring, avoiding disturbance to early nesting attempts.