Key takeaways
- The U.S. Fish & Wildlife Service says destroying a nest with eggs or chicks, or with dependent young, is illegal.
- An empty, inactive nest is not protected from destruction by the Act alone, but taking birds or eggs while removing it is a violation.
- Permits to take active nests are issued only in very limited circumstances.
- Timing is the usual answer. Tell your estimator what you have seen before the date is set.
Spring and summer are busy months for birds and for tree work. Most of the time the two do not collide. When they do, the rules come from federal wildlife law, and homeowners are often surprised how strict they are.
Which nests are protected?
The Fish & Wildlife Service says most bird nests are protected under the Migratory Bird Treaty Act, which prohibits taking migratory birds or the parts, nests or eggs of such birds without a permit. Under the Act, it is illegal to destroy a nest that has eggs or chicks in it or that has young birds still dependent on it. It is also illegal to keep a nest you take out of a tree or find on the ground unless you have a permit.
The Service's species list is long and covers most native songbirds and raptors. Some non-native birds are not covered. The point for a homeowner is that you cannot tell by looking, so treat any nest as possibly active.
What about an empty nest?
The Service says the Act does not contain a prohibition that applies to destroying a nest alone, with no eggs or birds in it, provided no possession occurs during destruction. It adds that nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and can be prosecuted. It usually expects you to wait for the nest to become inactive, with no eggs or chicks and no longer in use for breeding.
The Service also notes that some nests are hard to see, such as those in tree cavities, so there is a risk of destroying one by accident.
Can I get a permit to remove an active nest?
The Service says permits to take active nests are issued under very limited circumstances, usually when the particular nest is causing a human health or safety concern or the birds are in immediate danger. A tree you simply want gone is not on that list.
That is why timing is the normal fix. We could not find a Nevada nesting-season window published by the Service, and the dates vary by species, so we will not give you one. Ask the Nevada Department of Wildlife or a wildlife biologist if you need dates for a specific project.
What does this mean for a tree job?
Dead, dying and storm-damaged trees can be urgent, and the law does not remove your duty to be careful. For routine pruning and removal, you have room to schedule. Walk the tree before the estimate, note any birds going in and out, and tell the estimator. A certified arborist assesses every job at Battle Born before work begins, and what you saw is part of that picture.
Winter and early spring work, when most deciduous trees are dormant, is the time when fewer nests are in use. See when to prune trees in Northern Nevada.
What if the tree is dangerous right now?
If anyone is in danger, call 911 first. If a tree is on a structure or a line, stay back and call NV Energy about any line, then call our 24-hour line at 775.232.8243. Safety comes first. For anything beyond that, an attorney or the wildlife agency can say what the Act requires in your situation.
Sources
- U.S. Fish & Wildlife Service: Bird nests (read October 17, 2026)
- U.S. Fish & Wildlife Service: Migratory Bird Treaty Act of 1918 (read October 17, 2026)