Is It Illegal to Remove a Nest with Baby Birds?

Commercial facilities frequently encounter bird nests in eaves, rafters, ducts, and signage. But taking action becomes complicated when nests contain eggs or baby birds. It’s essential for facility managers to understand what regulations apply when dealing with nests with hatchlings. Here’s a guide to help you stay compliant and protect your facility.

Why Baby‑Bird Nests Are Protected

Removing a nest with eggs or hatchlings can violate the Migratory Bird Treaty Act (MBTA). This federal law protects most native bird species and prohibits taking, killing, or disturbing any part of their nest once eggs are present.

According to Meridian, nests become legally protected once eggs or young are inside.

Checklist Before Removing a Nest

Commercial facility managers should follow these steps:

Inspect Before You Remove: Verify that the nest is inactive. If no eggs or hatchlings are present, removal is typically legal. Meridian advises removing nests before egg-laying begins.

Identify Nest Status:

Inactive nest = no eggs or young — removal is allowed.

Active nest = eggs or hatchlings — removal is illegal without permits.

Consider Permits: For active nests, consult qualified wildlife professionals to determine if a federal permit is possible—though that’s rare and usually reserved for pressing safety concerns.

Document and Delay: Maintain records and postpone any removal until after young birds have fledged to avoid violating federal law.

What Constitutes an “Active Nest”?

Meridian defines an active nest as one containing fresh eggs, live baby birds, or ongoing adult bird presence . Signs include:

Visible eggs or hatchlings

Adult birds frequently entering and exiting

Significant droppings or feather debris

If you observe these clues, you must leave the nest undisturbed until all birds have fledged and vacated.

Safe Removal After Nest Inactivity

Once a nest is confirmed inactive—no eggs or young birds remain—removal is allowed. Meridian recommends following these best practices:

Wear protective gear (gloves, masks) to avoid disease exposure.

Wet the nest before removal to reduce dust.

Dispose of material safely, sealing the nest in plastic.

Clean and sanitize the area thoroughly.

Meridian guidelines also advise inspecting nests before removal to ensure compliance.

When to Bring in the Pros

Engaging professional bird nest removal services is crucial in these scenarios:

Uncertain nest status – you can’t tell if it’s active

Difficult access – nests in high or hard-to-reach rafters, ducts, or eaves

Complex facility environments – multiple nests, recurring issues across several areas

Legal risk – potential violations of MBTA regulations

Meridian professionals are trained to assess legality, safely remove nests, and implement prevention plans to avoid repeat issues.

Long‑Term Prevention Strategy

Removing inactive nests is only part of the solution. To truly prevent re‑nesting:

Clean up all nesting debris

Seal entry points (gaps, vents, structural openings)

Monitor for early nest construction phases

Train staff to report bird activity promptly

Schedule professional inspections during nesting seasons (spring to early summer)

Taking these actions helps maintain a bird‑free facility, safe operations, and regulatory compliance.

Final Thoughts

Yes—it is generally illegal to remove a nest with baby birds under the MBTA. Facility managers must:

Confirm nest inactivity before removal

Wear proper protection and sanitize afterward

Engage professionals for legal compliance

Use long-term prevention strategies

Neglecting these steps can expose your facility to health risks, operational disruptions, and potential legal penalties. Talk to professional bird nest removal services to ensure safe, compliant nest management.