Nesting Birds

July 28, 2022

Question: How do I protect nesting birds while pruning or removing trees and vegetation in my yard?

Answer: To protect nesting birds, the California Department of Fish and Wildlife (CDFW) recommends working in your yard outside of nesting bird season which for many bird species in California is February through August. However, nesting season can vary based on location and species of bird, and in some parts of the state, birds nest year-round. If you must work when birds could be nesting, consider hiring a consulting biologist to conduct a nesting bird survey before doing any work. If nesting birds are present, a biologist can recommend an appropriate buffer area where you can refrain from doing yardwork. You could also delay your yardwork until nesting is complete.

CDFW genuinely appreciates you thinking of nesting birds while managing trees and plants in your yard. Many California birds do nest in backyard trees, bushes and even on the ground. Nesting birds are particularly sensitive to human disturbance and may abandon their nest, eggs and/or young due to human presence and noise. Additionally, pruning or removing vegetation can inadvertently crush, destroy or remove active bird nests.

The California Fish and Game Code (FGC) contains several sections outlining protections for birds, their eggs and nests. FGC section 3503(opens in new tab) covers unlawful take, possession or needless destruction of nests or eggs of any bird. FGC section 3503.5(opens in new tab) covers unlawful take, possession or destruction of birds of prey or their nests or eggs. FGC Section 3513(opens in new tab) covers unlawful take of any migratory nongame bird. In addition, the California Endangered Species Act, beginning at FGC section 2050(opens in new tab), prohibits take of threatened or endangered birds. Nesting birds may also be protected under the federal Migratory Bird Treaty Act and the federal Endangered Species Act.