How to keep birds from nesting on a building, without breaking the law

Published September 21, 2026Updated September 21, 2026

By John Stopka, Co-Founder & CEO · Reviewed by John Stopka

Most bird nests are protected under federal law, and once a nest has eggs or chicks in it, it is illegal to destroy it. A short list of non-native birds — house sparrows, European starlings and pigeons — does most of the nesting on buildings, and the Migratory Bird Treaty Act does not apply to them. Which bird you have decides what may lawfully be done, and it is why the real work happens before nesting season.

Which birds nest on buildings, and which ones are protected?

A small group of non-native birds does most of it — and those are the ones federal law does not cover. University of Kentucky Extension names house or English sparrows, European starlings and pigeons as the birds that "frequently roost or nest on rafters, window sills, and ledges" [6].

Those three sit outside the Migratory Bird Treaty Act, because they were introduced here rather than arriving on their own. The U.S. Fish and Wildlife Service's list of non-native species the Act does not apply to names the European starling, the house sparrow and the rock pigeon [4].

Nearly everything else is protected. Kentucky Fish and Wildlife states that "All birds of prey and native songbirds are protected under state and federal laws and may not be taken", with "English sparrows and starlings" as the exception [5].

So the first question is not how to get the nest out. It is what built it.

Can I remove a bird nest from my house?

Not while it is in use, and not on a guess about which bird built it.

"Most bird nests are protected under the Migratory Bird Treaty Act (MBTA)" [2], and the Act reaches past the bird to "the parts, nests, or eggs of such bird" [2]. Put directly: "Under the MBTA it is illegal to destroy a nest that has eggs or chicks in it or if there are young birds that are still dependent on the nest for survival" [2]. The usual requirement is to wait for the nest "to become inactive" before anything is done with it [2].

For the three non-native species it is different from the start. Wildlife Illinois says pigeons "are an introduced species in North America and are not protected by the Migratory Bird Treaty Act or the Illinois Wildlife Code" [7], and says the same of European starlings [8] and house sparrows [9] — with one condition: "the removal technique must not pose a threat to native bird species" [8]. Which is why identification comes first, and why this is work to hand to someone who does it for a living.

Can I get a permit if the birds are a nuisance?

No. The Act bars the "take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization" [1], and the Service is direct: "The Service does not issue permits for bird nuisance issues" [3].

Why does this work have to happen before nesting season?

Because once a nest is in use, almost every option closes.

The Service's advice on nuisance nesting is to get ahead of the birds: "Place physical barriers on potential nesting sites to prevent birds from nesting", and "Since old nests can be reused, get rid of any potential nests before the birds arrive from winter migration" [3].

A vent properly covered in the off-season is a settled problem. The same vent in late spring, with a family in it, is a legal question with a wait attached.

What actually keeps birds off a building?

Changing the building, not startling the birds.

University of Kentucky Extension puts it flatly: "The best long-term solution is to alter the structure to prevent the birds from landing" [6] — ledges given a steep angle so there is nothing flat to sit on, rafters and overhangs closed off, and the gaps and vents birds use shut properly [6].

The alternatives disappoint because birds habituate: "It is essential to use a variety of methods, changing each method often, to prevent the birds from becoming accustomed to a particular method" [6]. They do not, however, get used to a surface they cannot stand on.

There is a building reason to bother, too: nests "can clog drain pipes, interfere with awnings, cause electrical shortages, and make fire escapes hazardous" [6].

How does Liberty handle birds?

Birds are not a plan pest. They are handled through wildlife control instead.

It starts with a free wildlife inspection. A Service Advisor looks at where birds are nesting or getting in — dryer vents, gutters and roof openings — and what is drawing them. For a business, bird control starts with a free Pest Quality Audit.

Once the inspection has settled the species question, the work is nests and nesting material out of vents, gutters, soffits and signs; those openings covered or sealed so the spot is not available next season; and old nesting material pointed out to be cleaned up. A follow-up visit checks for new nesting and that the covers are holding.

Exclusion work on the building itself, including gutter protection, sits with Liberty Home Services.

When to call a professional

Call when birds are going in and out of a vent, gutter or roof opening, when you can hear chirping or rustling inside a vent or wall, or when you are not sure which bird you have. That last one matters most: the identification decides what is lawful.

The best time to call is the one that feels least urgent — outside nesting season, when openings can be covered and ledges made unusable.

Text us Book a free inspection Call

Common questions

Is it illegal to remove a bird's nest?

Often, yes. Most bird nests are protected under the Migratory Bird Treaty Act, and it is illegal to destroy a nest that has eggs or chicks in it, or where young birds still depend on it [2]. The usual requirement is to wait until the nest is inactive [2]. Because the answer turns on the species, it is not a judgement to make from the ground.

Which birds are not protected by federal law?

Birds introduced to North America rather than native to it. The Fish and Wildlife Service's list of species the Act does not apply to includes the European starling, the house sparrow and the rock pigeon [4]. Kentucky Fish and Wildlife draws the same line, protecting birds of prey and native songbirds while treating English sparrows and starlings as an exception [5].

Why are birds nesting in my dryer vent?

A dryer or bathroom vent is a sheltered opening in a warm wall — close to an ideal cavity from a bird's point of view. Starlings and house sparrows in particular use vents, louvers and gaps in buildings [8] [9]. A cover that is missing or broken is a door left ajar.

How do I keep birds off ledges and window sills?

By taking the flat surface away rather than by scaring them. University of Kentucky Extension's long-term advice is to alter the structure so birds cannot land [6]. Noise and novelty fade, because birds get used to any one method that stays the same [6].

Are birds covered by a pest control plan?

No. Birds are not part of Liberty's pest control plans. They are handled through wildlife control, which starts with a free wildlife inspection, and for a business through bird control, which starts with a free Pest Quality Audit.

Sources

U.S. Fish and Wildlife Service. "Migratory Bird Treaty Act of 1918" https://www.fws.gov/law/migratory-bird-treaty-act-1918 (opens in a new tab)
U.S. Fish and Wildlife Service. "Bird nests" https://www.fws.gov/story/bird-nests (opens in a new tab)
U.S. Fish and Wildlife Service. "Nuisance swallows" https://www.fws.gov/story/nuisance-swallows (opens in a new tab)
U.S. Fish and Wildlife Service. "Service Publishes Final List of Non-Native Bird Species" https://www.fws.gov/story/2005-03/service-publishes-final-list-non-native-bird-species (opens in a new tab)
Kentucky Department of Fish and Wildlife Resources. "Other Species" https://fw.ky.gov/Hunt/Pages/Other-Hunting-Seasons.aspx (opens in a new tab)
University of Kentucky Cooperative Extension Service. Thomas G. Barnes and Bernice U. Constantin. "Managing Urban Pest Bird Problems in Kentucky" (FOR-62) https://publications.mgcafe.uky.edu/sites/publications.ca.uky.edu/files/FOR62.pdf (opens in a new tab)
Wildlife Illinois (Illinois Department of Natural Resources, with University of Illinois Extension). "Pigeon" https://wildlifeillinois.org/identify-wildlife/pigeon-or-rock-pigeon/ (opens in a new tab)
Wildlife Illinois (Illinois Department of Natural Resources, with University of Illinois Extension). "European Starling" https://wildlifeillinois.org/identify-wildlife/european-starling/ (opens in a new tab)
Wildlife Illinois (Illinois Department of Natural Resources, with University of Illinois Extension). "House Sparrow" https://wildlifeillinois.org/identify-wildlife/house-sparrow/ (opens in a new tab)