The Migratory Bird Treaty Act: What It Means for Homeowners
The Migratory Bird Treaty Act (MBTA) is a federal law making it illegal to kill, capture, or disturb most native bird species or destroy their active nests containing eggs or chicks without a federal permit. It applies even to a single nest on a private homeowner's roofline.
Which birds are covered?
The vast majority of native Florida bird species are protected under the MBTA, including common yard and roofline nesters like swallows, wrens, and ospreys. This is separate from and in addition to any Florida state wildlife rule.
U.S. Fish & Wildlife Service — Migratory Bird Treaty Act →
Which birds are NOT covered?
Non-native species introduced to North America — pigeons (rock doves), European starlings, and house sparrows — have no MBTA protection and can be excluded or removed at any time without a permit.
What should a homeowner do if they find an active nest?
If the species is a protected native bird with eggs or chicks present, the legal path is to leave the nest undisturbed until the young naturally fledge, then exclude the site to prevent re-nesting next season. We identify species on-site before recommending removal versus a monitor-and-exclude-later approach.
FAQ
Which birds are covered?
The vast majority of native Florida bird species are protected under the MBTA, including common yard and roofline nesters like swallows, wrens, and ospreys. This is separate from and in addition to any Florida state wildlife rule.
Which birds are NOT covered?
Non-native species introduced to North America — pigeons (rock doves), European starlings, and house sparrows — have no MBTA protection and can be excluded or removed at any time without a permit.
What should a homeowner do if they find an active nest?
If the species is a protected native bird with eggs or chicks present, the legal path is to leave the nest undisturbed until the young naturally fledge, then exclude the site to prevent re-nesting next season. We identify species on-site before recommending removal versus a monitor-and-exclude-later approach.
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