Finding an old bird nest on your property often presents a dilemma: should you leave it alone or remove it? This common situation requires careful consideration, balancing personal preferences for tidiness or safety with legal and biological obligations. Understanding the proper steps for handling an old nest involves confirming its inactivity, navigating wildlife protection laws, executing a safe physical removal, and disposing of the materials correctly while deterring future nesting in unwanted locations. This guidance provides a practical and legal framework for addressing that abandoned bird home.
How to Confirm the Nest is Abandoned
The initial step is to confirm the nest is truly inactive and abandoned, as disturbing an active nest is illegal for most native species. An active nest is defined as one containing eggs or young, or one currently being used by adult birds for breeding purposes. The absence of an adult bird for a short time does not necessarily mean the nest is abandoned, since parents may leave eggs temporarily to forage or cool them down.
A reliable indicator of abandonment is the lack of adult bird activity over a significant period, typically four weeks for a nest containing eggs. This observation window accounts for the average two-week incubation period plus an additional two weeks to ensure no parental return is likely. For nests that contained nestlings, the young will generally fledge, or leave the nest, once they are fully feathered and mobile.
Physical signs can also indicate a nest is no longer in use, such as the nest material appearing weathered, covered in debris, or simply falling into disrepair. The safest time to assume abandonment is after the end of the local breeding season, which often concludes in late summer or early fall. If you are unsure, observing from a distance for a prolonged period is the best practice to avoid unlawful disturbance.
Understanding the Law Before Removal
Before any removal takes place, it is mandatory to understand the legal protections governing wild birds and their nests in the United States and Canada. Most native bird species are protected under the Migratory Bird Treaty Act (MBTA) in the U.S., and similar regulations in Canada. This federal law makes it illegal to “take, possess, import, export, transport, sell, purchase, barter, or offer for sale” any migratory bird, their parts, eggs, or nests without a valid permit.
The MBTA strictly prohibits the disturbance, removal, or destruction of an active nest for most protected species, even if the nest is in an inconvenient or hazardous location. Violations can result in significant fines. However, the law generally allows for the removal of a nest once it is confirmed to be inactive, meaning it contains no eggs or dependent young and is no longer being used for breeding.
It is important to note that certain non-native, invasive species, such as the European Starling and House Sparrow, are not protected under the MBTA, and their nests can be removed at any time. For protected species, inactive nests of common birds can be removed without a permit, but nests of species that reuse their structures year after year, like eagles and certain raptors, may still be protected even when empty. If you are dealing with a large or unique nest, consulting a local wildlife agency is a prudent safeguard against legal issues.
Safe Removal and Cleanup Procedures
Once you have confirmed that a nest is legally abandoned, the physical removal must be conducted with safety precautions due to potential health risks. Old nests and accumulated droppings can harbor bacteria, parasites like mites and fleas, and fungal spores. One concern is Histoplasma capsulatum, a fungus found in bird droppings that can cause the respiratory illness histoplasmosis if inhaled.
Personal protective equipment is necessary, including heavy-duty gloves, long sleeves, and a properly fitted respiratory mask, such as an N95, to prevent the inhalation of airborne spores and dust. A putty knife or scraping tool can be used to gently dislodge the nest material from the surface it is attached to, minimizing scattering of the debris. After the bulk of the nest is removed, the immediate area should be cleaned thoroughly.
A strong disinfectant solution, such as a mixture of one part chlorine bleach to nine parts water, should be applied to the nesting site to sanitize the area. This step is important for artificial surfaces like vents, gutters, or window sills. Allow the solution to fully dry without rinsing to ensure proper disinfection before disposing of the safety gear and washing all clothing in hot water.
Disposal Methods and Preventing Future Nests
The final stage involves the proper disposal of the removed material and implementing strategies to prevent a bird from rebuilding in the same location next season. The nest material, along with any droppings and used cleaning towels, should be sealed immediately inside a durable plastic bag. This sealed bag should then be placed into an exterior trash receptacle for disposal with household waste, preventing the spread of any remaining parasites or pathogens.
Composting the material or leaving it exposed is generally not recommended, especially if you have concerns about pests. Once the area is clean, you can focus on deterring re-nesting. Birds often return to successful nesting sites, so changing the environment is necessary to discourage them.
Effective, non-harmful deterrence methods include:
- Installing physical barriers like netting or screening over vents and eaves, which are common nesting spots.
- Installing bird spikes, which are blunt and prevent birds from landing, on ledges and window sills.
- Utilizing visual deterrents, such as reflective objects.
- Using plastic predator decoys, though these items should be moved frequently to prevent the birds from getting used to their presence.