Iowa Homeowners Warned: Don’t Disturb That Nest

It's summer in Eastern Iowa, and like many other homeowners, I'm noticing a lot of new fledglings showing up at my feeder.

Those birds born in the early spring have now become old enough to eat, even if it's with some help, at our backyard feeder.

While the cats go nuts over the birds popping up, it did leave me wondering: what if they decided to make their nest somewhere... less than convenient? Am I, the homeowner, allowed to move or destroy the nest in Iowa?

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The answer surprised me...

Iowa's Law Isn't Vague About Bird Nests

In Iowa, all wild bird nests, along with eggs and birds, are actually classified as protected nongame wildlife.

In other words, no, you cannot remove a nest if it's active. It's illegal to do so.

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It's also illegal to collect active nests, bird feathers, or eggs, or to kill, keep, or transport them, without a proper permit, according to the Iowa DNR. And yes, that goes for all non-game birds, plus European starlings and house sparrows.

The Iowa DNR does say you can get a special permit as an exemption, but unless you have one, it's best that you don't jostle a bird's nest.

What's the Penalty for Violating the Law?

While the Iowa DNR does set some Iowa rules, most bird protection rules are federal and are a part of the Migratory Bird Treaty Act of 1918.

This means the law is administered by U.S. Fish & Wildlife Service. While enforcement is rare, when enforced, penalties are serious and costly.

• Penalties:

  • Up to 6 months in jail.

  • Fines up to $15,000 per violation.

  • Equipment used (i.e., traps, tools) may be seized.

In other words, it's not worth it.

When It's Okay to Remove a Bird's Nest

These rules apply to active nests. That is, nests with eggs or hatchlings. If the nest has been abandoned or no eggs are present, it can be removed as needed.

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If you have any questions or doubts, you may want to call a pest removal company and get their opinion. The pros will certainly know the laws about birds and all Iowa animals.