Ohio Law & Bats

May 16 (this past Sunday) was a special day when it comes to bat removal here in the State of Ohio.  Why?

Because it is the first day of the period of the year when no one is allowed to make an exclusion for bats (exclusion= kick them out of a structure and keep them out) when 15 or more bats are residing in a structure without special permission from the Division of Wildlife.

This prohibition on bat exclusions continues through July 31.

For us, it means we take a pause from some steps of our bat removal work.

For our customers who realize in late May that they have a fair number of bats living in the attic and want them out right now, it often means short term disappointment for them when we explain the situation.  Nobody wants to hear that the bats need to be left in the attic for now.

In this post, we’ll consider why this general prohibition exists and take a look at some of the other laws which pertain to bat removal in the State of Ohio.

Ohio Laws Seek to Protect Bats

All bats in Ohio are protected.  That means it is illegal to harm or kill a bat unless a bite or a potential exposure to a bite has occurred.  The nuisance wildlife laws relating to bat removal, therefore, are set up around this principal.

Bat exclusions for colonies of 15 or more bats are prohibited now because it is assumed these colonies are maternal colonies.  Female bats of some species, like Big Brown Bats, get together in an attic or other space, give birth, and raise young bats.  That is why these groups of bats are called maternal colonies.

Here is a good example of a recently found colony. A colony of this size is considered a maternal colony and needs left in place as of May 16.

Bat pups start to fly after a few weeks but they are not good fliers immediately.  It takes them a while before they are no longer nursing, able to leave the roosting spot, and strong enough to disperse.

Bat numbers are already way down because of disease and habitat loss.  On top of that, bats have a low birth rate (usually just one pup) and infant mortality is naturally high because roosting and learning how to fly are precarious.  So, Ohio’s bat removal rules were made in the spirit of giving bats the best chance to sustain their numbers.

But, don’t take our word for it alone.  See for yourself by looking at the bat section from Ohio’s Nuisance Animal Wildlife laws (specifically the bat section) which we have excerpted here.

5) Bats

(a) It shall be unlawful to euthanize or kill a bat unless a bite or potential exposure to rabies has occurred. Any bat killed or euthanized must be reported to the local health department by the affected landowner or their designated agent by the end of the next business day.

(b) It shall be unlawful for any person who is not a licensed commercial nuisance wild animal control operator to charge a fee or receive compensation to perform bat exclusion, unless exempted from certification in paragraph (J)(1) of this rule,

(c) It shall be unlawful to fail to inspect the structure for the presence of bats prior to performing bat exclusion. In addition, if no bats are observed when the structure is inspected, from May sixteenth of each year through July thirty-first of each year, it shall be unlawful to fail to perform or have performed a minimum of two bat watches over a seven day period prior to performing a bat exclusion.

(d) It shall be unlawful to perform a bat exclusion on a structure where fifteen or more bats are present or observed from May sixteenth of each year through July thirty-first of each year without prior written permission from the chief of the division of wildlife or their designee.

(e) For the purpose of this rule “bat eviction” or “bat exclusion” is defined as the act of installing a device or materials for the purpose of removing bats from a structure.

(f) For the purpose of this rule “bat watch” shall be defined as the act of observing a structure to document whether bats are emerging from or entering the structure. Such observations shall be for the period of one-half hour before sunrise to one hour after sunrise or the period of one-half hour before sunset to one-half hour after sunset.

What Can Be Done About Bats in the Summer?

Just because it is illegal to kick out bats from a maternal colony, it does not mean that nothing can be done.

For example, in the video above it is permissible to add another layering of screening on the inside.  The screening keeping the bats out of the attic is almost rotted away.  Enhanced screening won;t hurt the bats but will make sure they don;t get into the attic proper.

Since you suspect a problem exists, now is the time to:

• Get an inspection.  Knowing the extent of the problem and where the entry/exit points is vital information.
• Get on the schedule.  Once September rolls around, we can begin bat exclusions in earnest.  Letting them out and not back in can be accomplished throughout the Fall.
• Get a head start.  If conditions permit, we can get a head start on the exclusion.  All possible entries need shored up and made “bat proof”.  If the job is large, the main entries can be left alone for now, but the other areas currently not in use can be closed off–even now.  It’s like putting up a fence but leaving the gates open for now.

Remember, if the inspection/bat watch reveals a small number of bats, these non-maternal colonies can be kicked out.

And for those who have a maternal colony, but believe they really need to go, it is possible to ask the Ohio Division of Wildlife for permission to exclude them even now.  The way we read it, the exception will only be given if human health or safety is at risk and excluding the bats is the only way to reduce this risk.

This exception to the rule is considered on a case by case basis through application.  That application can be found here.  There are two pages.  Click on the first page to toggle to the second.

[pdf-embedder url=”https://www.frontlineanimalremoval.com/wp-content/uploads/2019/05/DNR-9053-Bat-Exclusion-Appl.pdf” title=”Bat Exclusion Authorization Application”]

Bat Proofing  | Akron, Canton, Kent

No matter what time of year it is Frontline Animal Removal can help you with your bat issues.

We appreciate bats and bat-free human spaces.  Navigating the bat/human conflict in an ethical manner make us a better nuisance animal removal business.   Call us today to see how we can help.