Nuisance Bird Removal Laws in Ohio: What You Need to Know

As spring arrives in Ohio, so does nesting season for many bird species.

While bird activity is great to have around our house, some birds can also become a nuisance when they invade human spaces.

A wildlife removal company like Frontline Animal Removal can help you out with many bird problems and, many times, you can do it yourself.

But before we or you decide to tackle a bird issue, its a great idea to review the laws on nuisance wildlife as they relate to birds.  Here are some great guidelines and references.  In the post this week we have links to get you to the source of our information quickly.  We’ve also included a video where Ryan discusses bird removal in our area.

Canton/Akron/Kent Bird-Related Issues

It’s essential to understand the laws surrounding their removal.  This isn’t the last word on the subject, but it will get you headed in the right direction.

Here are some guidelines for navigating nuisance bird removal laws in the State of Ohio.

Most bird species are protected, so use caution removing active nest because it is likely illegal.  In Ohio, most bird species are protected under federal and state laws, such as the Migratory Bird Treaty Act (MBTA) and the Ohio Revised Code (ORC). These laws prohibit the removal, harm, or disturbance of native bird species and their active nests without proper permits. Violating these regulations can result in penalties, including fines and legal action. So birds like cardinals, robins, blue jays, bluebirds, wrens, chickadees, finches, woodpeckers ,etc. are protected.  If it’s native to the US you can assume it is protected.  Unlike a squirrel, just because a woodpecker is making holes and a nest in the side of your home does not give you the ability to harm it.

What to Know About Bird Nests from US Fish & Wildlife.

The U.S. Fish and Wildlife Service (USFWS) publishes lists of protected and non-protected native species.  For example, the list of non-native, unprotected species may be found at this link.

Non-Native, Non-Protected Species are Fair Game.  Even though most birds are protected there are the BIG THREE in wildlife control that are not protected because they are considered invasives.  These are

1. Starlings
2. House Sparrows
3. Pigeons

Though just a few species, these are actually the birds that we get a number of calls on.  That is because starlings and sparrows love to find nooks and crannies in our homes and put nests in them whereas many other birds don’t nest in soffits and other cavities like them. 

Pigeons love to roost in vacant structures and in groups.  Therefore, the more the un-merrier.  Their bathroom habits are really what gets them noticed.

If your problem is with one of these three species of birds, they and their nests and eggs can be removed at anytime without a permit.

Here is a great link from the Cornell Bird Lab on dealing with starlings and house sparrows.  You’ll find it very informative.

For the birds that are protected, but you still deem a nuisance, you’ll need to contact the United States Fish & Wildlife Service for help with a permit .  For example, you may have woodpecker that will not leave you’re home alone.  You may apply for a permit to USFWS.  If they decide that you have tried everything, done all the appropriate scare tactics and tried modifications, they may issue you a permit to remove the woodpecker.  Whether a permit like this is hard or easy to obtain, we don’t really have the experience to say.  We do know that the USFWS will let you know what you need to do-this is their jurisdiction.

Here is a link for the USFWS Bird Permit and Issues page.

Ryan Discusses Bird Issues

Here is some more from Frontline Animal Removal’s Ryan as he talk about bird control issues here in NE Ohio:

Ohio Specific Bird Control Rules

The State of Ohio has some rules about birds in its nuisance wildlife removal rules that are bird species specific and in addition to the Federal rules.  Below is an exerpt form the rule which highlights the species specific rules.

Ohio Nuisance Wildlife Control Rules 

Nuisance Wildlife Control Rule-1501:31-15-03

(4) Migratory birds

(a) It shall be unlawful to capture or kill nuisance migratory birds without first obtaining a permit to do so from the United States department of interior, fish and wildlife service, except for the following:

(i) Crows

(a) Notwithstanding any other provision in this rule, it is lawful for any person to take crows which are found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.

(b) It shall be unlawful to take or attempt to take crows under this rule with the aid or assistance of any calls, artificially placed bait or decoys.

(ii) Canada goose

(a) Canada geese which are causing damage or have become a nuisance from March eleventh through August thirty-first may be captured or taken by licensed commercial wild animal control operators, landowners, or agents of the landowner, only after such landowner where the damage or nuisance is occurring has received a permit from the chief of the division of wildlife or their designee.

(b) Canada geese which are causing damage or have become a nuisance from September first through March tenth may be captured or taken by licensed commercial wild animal control operators, landowners, or agents of the landowner, only after such landowner where the damage or nuisance is occurring has received a permit from the United States department of the interior, fish and wildlife service.

(c) The division of wildlife representative approving a goose damage permit for a landowner may include specific stipulations on the permit under which geese, their nests or eggs may be trapped, captured, taken or destroyed. It shall be unlawful for any person to violate any stipulation set forth on their permit. A violation of any permit stipulation is a violation of this rule, and such permit is the subject to revocation by the chief or their designee.

(iii) Mute swan

(a) Mute swans may be captured or taken by licensed commercial nuisance wild animal control operators, landowners, or agents of the landowner, only after such landowner where the damage or nuisance is occurring has received a permit from the chief of the division of wildlife or their designee.

(b) The division of wildlife representative approving a mute swan removal permit for a landowner may include specific stipulations on the permit under which mute swans, their nests or eggs may be trapped, captured, taken or destroyed. It shall be unlawful for any person to violate any stipulation set forth on their permit. A violation of any permit stipulation is a violation of this rule, and such permit is the subject to revocation by the chief or their designee.

(b) It shall be unlawful to take nuisance migratory birds in violation of the United States Code of Federal Regulations.

(c) Inactive nests of non-colonial migratory birds may be removed.

State of Ohio Bird Information

Bird Control for Canton/Akron/Kent

As spring nesting season arrives in Ohio, it’s essential for businesses and homeowners to be aware of the laws and regulations governing nuisance bird removal.

While most bird species are protected, non-native species like European Starlings, Sparrows, and Pigeons can be managed without any red tape.

Frontline Animal Removal, serving the Canton, Akron, and Kent area, offers professional assistance in navigating these laws and implementing effective bird control solutions. By working within the legal framework and employing humane removal methods, we can ensure the safety of both humans and wildlife in our communities.

For professional bird removal services in the Canton, Akron, and Kent area, contact Frontline Animal Removal today.