--- title: Nesting Birds and Tree Work: What the Law Says url: https://battleborntreeservice.com/guides/nesting-birds-and-tree-work/ business: Battle Born Tree Service address: 6301 US Highway 50 East, Carson City, NV 89701 phone: 775.232.8243 hours: Office Monday-Friday 8:30 am-5:00 pm; phones answered seven days a week; 24-hour emergency service credentials: ISA Certified Arborist WE-11728A on staff; Nevada Business License # 20131580674; fully insured type: Tree service (removal, crane work, pruning, stump grinding, defensible space, snow removal, firewood) --- - [Home](https://battleborntreeservice.com/) - [The Field Guide](https://battleborntreeservice.com/guides/) - Nesting birds and tree work: what the law says # Nesting birds and tree work: what the law says Most bird nests are protected under the federal Migratory Bird Treaty Act. It is illegal to destroy a nest with eggs or chicks in it, or one with young still depending on it, and the law can apply even to otherwise lawful tree work. If you have seen birds nesting in a tree, tell the crew before work starts. 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](https://battleborntreeservice.com/guides/best-time-to-prune-trees-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](tel: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](https://www.fws.gov/story/bird-nests) (read October 17, 2026) - [U.S. Fish & Wildlife Service: Migratory Bird Treaty Act of 1918](https://www.fws.gov/law/migratory-bird-treaty-act-1918) (read October 17, 2026) ### Talk to the office [775.232.8243](tel:775.232.8243) | Monday to Friday | 8:30 am - 5:00 pm | |---|---| | Saturday and Sunday | Office closed, phones answered | Phones answered seven days a week. 24-hour emergency service. [Free estimate](#quote) ### Keep reading - [Best time to prune trees in Northern Nevada](https://battleborntreeservice.com/guides/best-time-to-prune-trees-northern-nevada/) - [How to tell if a tree is dead or dying](https://battleborntreeservice.com/guides/is-my-tree-dead-or-dying/) - [Dead wooding explained](https://battleborntreeservice.com/guides/dead-wooding-explained/) - [Can a dead tree be left standing for wildlife?](https://battleborntreeservice.com/faq/tree-removal/can-a-dead-tree-be-left-standing-for-wildlife/) - [Tree trimming and pruning](https://battleborntreeservice.com/tree-services/tree-trimming-pruning/) - [Northern Nevada tree guide](https://battleborntreeservice.com/tree-guide/) ### Terms on this page [Arborist](https://battleborntreeservice.com/glossary/arborist/) [Cavity](https://battleborntreeservice.com/glossary/cavity/) [The full glossary](https://battleborntreeservice.com/glossary/) ## More from the blog Pruning and care October 17, 2026 5 min read ### What should you do with your trees in October in Carson City and Reno? In October, finish watering while the ground is open, look over your trees for dead or hanging limbs, and clear leaves and needles away from the house. Save most live-wood pruning for the dormant seas Pruning and care October 17, 2026 6 min read ### Young trees in new subdivisions: the first ten years A young tree in a new subdivision needs very little pruning in its first two or three years, then steady structural pruning to build one strong central trunk and well-spaced branches. The ISA says tre Removal and equipment October 17, 2026 6 min read ### Where tree debris and green waste go in Reno and Carson City Green waste has a few legitimate homes in our area: the landfill or transfer station if the load is only wood and green waste, a fire district drop-off day or curbside chipping program if you qualify, [All posts](https://battleborntreeservice.com/blog/) ## Questions people ask Still have a question? Call [775.232.8243](tel:775.232.8243). Phones are answered seven days a week. ### Is it illegal to trim a tree with a nest in it? Pruning that destroys an active nest or kills birds or eggs can violate the Act. Timing the work for when no nest is active avoids the problem. ### Can I knock down an old nest? The Service says an empty nest is not protected from destruction by the Act alone, but you cannot keep it, and you must be sure it is inactive. ### Who enforces this? The U.S. Fish & Wildlife Service. We are not lawyers; an attorney or the agency can say what applies to you. ### Does this apply to woodpecker holes and cavities? Cavity nests can be hard to see. The Service says that makes accidental destruction easier.