Migratory Bird Compliance Risk: What Facilities Should Know

Quick Answer

Why does migratory bird compliance matter for facilities?

Migratory bird compliance matters because many birds, nests, and eggs are protected under federal law. Facility teams should avoid unauthorized removal, harm, or disturbance of protected birds and active nests. A compliance-conscious bird control plan focuses on prevention, monitoring, documentation, and non-lethal deterrence before nesting creates legal, operational, or safety risk.

This article is for general facility planning information only and is not legal advice. Facility teams should consult qualified legal counsel, wildlife professionals, or the appropriate regulatory agency before taking action involving protected birds, nests, eggs, or active nesting areas.

Migratory Bird Treaty Act Compliance Risk Table

Facility Situation	Compliance Risk	Prevention Step
Birds nesting on signs, ledges, rooftops, towers, or equipment	Active nests with eggs or chicks may be protected and may require special handling.	Inspect before nesting season and prevent birds from establishing repeat nesting areas.
Untrained staff removing nests	Improper removal may create legal and reputational exposure.	Create a reporting process and involve qualified professionals when protected birds may be present.
Use of harmful or aggressive control methods	Methods that injure birds or disturb protected nests can create compliance concerns.	Prioritize non-lethal, behavior-based deterrence and prevention-focused planning.
Bird activity near customer, employee, or public access areas	Facilities may face both safety concerns and wildlife compliance concerns.	Document sightings, cleanup needs, risk areas, and corrective actions.
Delayed action after birds return every season	Facilities may lose the opportunity to prevent nesting before legal restrictions become more complicated.	Use proactive monitoring before birds settle into protected or hard-to-access areas.

Why Non-Lethal Bird Deterrence Matters for Protected Birds

Non-lethal bird deterrence matters because many facility bird problems involve species that may be protected under federal law. Once birds build active nests, facility teams may face restrictions, delays, documentation needs, and added coordination before taking action.

A prevention-first approach reduces the chance that birds will settle in risky areas such as rooftops, signage, ledges, loading docks, utility structures, vents, stadiums, or facility equipment. Instead of waiting until nests, eggs, or chicks are present, the goal is to make the site less attractive before bird activity turns into a compliance problem.

Non-lethal, behavior-based deterrence can support this approach by discouraging repeat landing, roosting, and nesting patterns. It also helps facilities avoid relying on harmful control methods that can create legal, public relations, and operational risk.

Facility Checklist for Migratory Bird Compliance Planning

Facility managers can use this checklist to reduce risk before bird activity becomes a larger compliance issue:

• Identify rooftops, ledges, signs, towers, beams, vents, loading docks, and equipment zones where birds return.
• Inspect high-risk areas before nesting season when possible.
• Train staff to report bird activity instead of removing nests without guidance.
• Document bird sightings, nesting activity, droppings, cleanup needs, and corrective actions.
• Avoid control methods that may injure birds or disturb protected nests.
• Use non-lethal deterrence and prevention where repeat bird pressure is expected.
• Consult qualified professionals or regulatory guidance when active nests, eggs, or chicks may be present.
• Review bird control plans for public-facing areas, signage, utilities, and customer access zones.

How Birds Damage Billboard Structures and Advertising Assets

Birds on structures can present multiple challenges for billboard operators. They are known to cause serious damage to the asset in many different ways. They will poke holes in vinyl copy and use vinyl pieces to nest. If the birds find their way into the head-plate, that potentially can turn into a very expensive problem to fix. Their feces are also highly acidic and will cause serious corrosion over time, shortening the life span of the asset greatly. Pest birds will also require recurring maintenance and cleaning costs that add up quickly, as well as create safety hazards and risk for billboard operators and employees.

Billboard operators also need to be very aware of the Migratory Bird Treaty Act when it comes to protected birds. The MBTA is a federal law enacted in 1918 that is designed to protect wildlife and conservation of migratory birds in the U.S.

Why the Migratory Bird Treaty Act Matters for Billboard Operators

It is a well known fact, birds find billboards and other elevated structures to be extremely attractive nesting and roosting platforms. Failure to abide by the rules and regulations of the MBTA can result in criminal penalties, including fines and imprisonment. Enforcement of the MBTA falls under the jurisdiction of the United States Fish and Wildlife (USFWS), which is responsible for implementing regulations, issuing permits, and investigating violations. In addition to these federal protections, some states may also have regulations in place protecting certain species.

What Rules Does the Migratory Bird Treaty Act Set?

Under the MBTA, it is illegal to pursue, hunt, take, capture, kill, possess, sell, purchase, transport, or export migratory birds or their parts, nests, or eggs without appropriate permits. The act covers over 1,000 species of migratory birds, which include the Osprey, Red Tail Hawk, Turkey Vulture, and many others common to be found nesting and roosting on billboards.

You can find the full list here: List of Birds Protected by the Migratory Bird Treaty Act (2020) | FWS.gov

What Happens If a Protected Bird Nests on Your Billboard?

The MBTA prohibits the disturbance, destruction, or removal of nests, eggs, or birds protected under the act without the appropriate permits or exemptions.

Appropriate authorities should be contacted, such as the local office of the United States Fish and Wildlife Service (USFWS), or state wildlife agencies, to report the presence of the protected bird nest. They can provide guidance and help assess the situation on how to proceed in compliance with the MBTA.

In most cases, authorities will advise leaving the nest undisturbed until the birds have completed their nesting cycle. This is known to greatly affect any planned maintenance or construction in order to avoid interfering with the nesting birds during these critical stages.

How Billboard Operators Can Prevent Nesting Before It Starts

They can take preventative measures by implementing an effective bird deterrent solution that can prevent birds from landing and nesting on their structures without harming them.

The Outdoor community has recently partnered with Symterra, a new technology that is designed and proven to stop birds from being able to land on structures, creating a billboard specific solution.

Compliance-Conscious Bird Control for Commercial Facilities

Facilities with recurring bird activity should plan ahead, especially when birds return to signs, rooftops, ledges, loading docks, utility structures, parking areas, or public-facing spaces. A compliance-conscious approach focuses on prevention before nesting creates more complicated restrictions.

Symterra supports signs and billboards, commercial and retail facilities, industrial and warehouse facilities, utility, signal, and power transmission sites, and institutional and government facilities.

Facility teams can learn more about Symterra Pulse, review how behavior-based bird deterrence works, or use the bird control cost calculator to evaluate long-term prevention value.

Frequently Asked Questions

What is the Migratory Bird Treaty Act?

The Migratory Bird Treaty Act is a federal law that protects many migratory bird species in the United States. It restricts unauthorized actions involving protected birds, their parts, nests, and eggs. Facility teams should review official guidance before taking action involving protected birds or active nests.

Why does the MBTA matter for commercial facilities?

The MBTA matters for commercial facilities because birds may nest on rooftops, signs, towers, ledges, vents, loading docks, or equipment. If protected birds, eggs, or chicks are involved, improper removal or harmful control methods can create legal, operational, and reputational risk.

Can facilities remove bird nests from buildings?

Facilities should be careful before removing nests. Active nests with eggs or chicks may be protected and may require guidance from qualified professionals or regulatory agencies. Empty inactive nests may be treated differently, but facility teams should verify before taking action.

Why is non-lethal bird deterrence important for compliance?

Non-lethal bird deterrence helps facilities reduce bird pressure without relying on harmful control methods. A prevention-focused strategy can discourage birds from settling in high-risk areas before active nests create more complicated compliance issues.

What areas should facilities monitor for migratory bird risk?

Facilities should monitor rooftops, signs, billboards, ledges, towers, vents, loading docks, parking structures, utility equipment, and customer-facing areas where birds repeatedly land, roost, or nest.

When should a facility request a compliance-conscious bird control recommendation?

A facility should request a recommendation when birds repeatedly return to areas where nesting, droppings, safety issues, or protected species concerns may create operational or compliance risk.