No, in almost every case you cannot legally move a bird’s nest with eggs in it. The Migratory Bird Treaty Act protects the nests and eggs of nearly all native bird species in the United States, and disturbing an active nest without a federal permit can bring fines up to $15,000 and six months in jail. On top of the legal problem, parent birds usually abandon a relocated nest, so moving it typically kills the eggs. For the handful of weeks it takes the chicks to leave, the right answer is almost always to leave the nest alone.
What Federal Law Actually Protects
The Migratory Bird Treaty Act, at 16 U.S.C. §§ 703–712, makes it illegal to disturb, destroy, or possess any migratory bird, its nest, or its eggs without a federal permit.1Office of the Law Revision Counsel. 16 USC Chapter 7, Subchapter II – Migratory Bird Treaty The protected list at 50 CFR 10.13 covers essentially all native birds, not only species that fly long distances south for the winter.2eCFR. 50 CFR 10.13 – List of Birds Protected by the Migratory Bird Treaty Act The robin above your porch light, the house finch in the hanging basket, the barn swallows tucked under the eaves: all federally protected.
A misdemeanor violation carries fines up to $15,000 and up to six months in prison. Knowingly taking a protected bird with intent to sell or barter it becomes a felony punishable by up to two years.3Office of the Law Revision Counsel. 16 USC 707 – Violations and Penalties These rules apply whether the parent is currently on the eggs or has stepped away to feed. A nest with eggs is active even when no bird is visible on it, and intent doesn’t matter: you can be liable for a well-meaning move.
The U.S. Fish and Wildlife Service treats a nest as inactive only when it contains no eggs or chicks and is no longer being used for breeding.4U.S. Fish & Wildlife Service. Bird Nests Eggs in the nest means active. Active means hands off.
Why Moving the Nest Usually Kills the Eggs
Set the law aside for a moment. Physically relocating a nest with eggs is a bad idea on biological grounds too. Birds navigate back to their nest by its exact location, not by how it looks. Move the nest even a few feet, and many parents will treat it as gone and stop returning. The eggs cool, and that’s the end of them.
A well-intentioned move often produces the same result as throwing the eggs in the trash. Short-distance moves sometimes succeed when the parents are already heavily habituated to human activity, but the outcome is unpredictable. If a nest is in genuine danger from a falling branch, a predator, or active construction that can’t be paused, your first call should be to a licensed wildlife rehabilitator who can assess whether the situation is one of the rare exceptions.
How Long Until the Nest Is Empty
The wait is shorter than most people expect. For typical backyard songbirds, incubation runs 10 days to two weeks, and the chicks then spend roughly the same amount of time in the nest before fledging. That’s about three to four weeks total from the first egg to the last chick leaving. Larger birds such as woodpeckers can need three weeks to a month for the fledging period alone, so the total timeline stretches accordingly.5All About Birds. How Long Do Birds Incubate Their Eggs and How Long Do Chicks Stay in the Nest?
During the wait, keep activity near the nest low. Reduce foot traffic, avoid slamming nearby doors, and postpone construction or yard work in that spot. Most backyard species tolerate occasional human presence, but repeated close disturbance can cause the parents to abandon the nest, which puts you back in the same legal territory as physically removing it. Once the chicks have fledged and no adults are returning, the nest is inactive and you can take it down.
Species That Are Not Protected
A few non-native species introduced by humans fall outside the Migratory Bird Treaty Act. Their nests can be removed without a federal permit:6U.S. Fish & Wildlife Service. Migratory Bird Treaty Act of 1918
- House sparrows (Passer domesticus)
- European starlings (Sturnus vulgaris)
- Rock pigeons (Columba livia, the common city pigeon)
Accurate identification is non-negotiable before you touch anything. House sparrows are easily confused with native sparrow species, and starlings in certain plumages resemble other dark-colored songbirds. Guessing wrong is not a legal defense. If you’re not certain, photograph the bird and the nest and check with a local birding group or your state wildlife agency before acting.
Eagle Nests Are Even More Restricted
If the nest belongs to a bald eagle or golden eagle, the rules are stricter still. Under the Bald and Golden Eagle Protection Act, eagle nests are protected year-round, even when empty. Removing, relocating, or destroying one requires a Nest Take Permit regardless of whether it currently holds eggs or chicks. Loud activity nearby can also require a permit: within 660 feet of a bald eagle nest, or half a mile for very loud work like blasting.7U.S. Fish & Wildlife Service. Do I Need an Eagle Take Permit?
One practical exception: if an eagle pair builds near a home or business you were already using before they arrived, you can continue your normal routine without a permit. New construction, demolition, or a significant change in activity level near the nest is a different matter and should be cleared with the Fish and Wildlife Service first.7U.S. Fish & Wildlife Service. Do I Need an Eagle Take Permit?
When Removal Can Be Legally Authorized
Federal authorities rarely approve moving or destroying an active nest for convenience. A depredation permit is available only when birds cause actual damage or pose a direct threat to human health and safety.8U.S. Fish & Wildlife Service. 3-200-13 – Migratory Bird Depredation Realistic examples include nests inside ventilation systems that create fire hazards, nests in airport infrastructure where birds threaten aircraft, and nests in electrical equipment where contact could cause electrocution. A nest that is ugly, inconvenient, or leaving droppings on your patio doesn’t qualify.
Applicants also have to show that non-lethal deterrents were tried first and failed, with documentation such as receipts, photos, or contractor invoices.8U.S. Fish & Wildlife Service. 3-200-13 – Migratory Bird Depredation Skipping straight to a removal request almost always ends in denial.
The process starts with a call to USDA Wildlife Services at 866-487-3297. If they agree your situation warrants a permit, they issue a Wildlife Services Permit Review Form that goes with your application through the Fish and Wildlife Service’s ePermits online portal. A non-refundable processing fee applies: $50 for individuals, $100 for businesses. Processing takes at least 60 days and can run beyond 90.8U.S. Fish & Wildlife Service. 3-200-13 – Migratory Bird Depredation
Do the math on that timeline. For the average homeowner with a nest above the porch, the eggs will have hatched and the chicks will have fledged long before a permit could issue. Moving the nest while an application is pending is still a federal violation.
Stopping Nests Before Eggs Appear
The easiest way to avoid this problem is to prevent nesting in inconvenient spots before any eggs are laid. Once eggs appear, your options collapse. Nesting season runs roughly March through August across most of the country, so inspect your property beforehand and block access to likely sites.
Physical exclusion is the most reliable method. Bird netting with three-quarter-inch mesh keeps most species out of eaves and rafters.9USDA Animal & Plant Health Inspection Service. Bird Dispersal Techniques Overhead wires or parallel lines of monofilament across patios and porches discourage birds from landing to scout. Sealing gaps in soffits, screening dryer vents, and capping open pipes eliminates the sheltered cavities that wrens, starlings, and sparrows favor.
Reflective tape and fake owls work for a while, but birds get used to them quickly. Ultrasonic devices marketed for birds don’t work at all. Combining physical barriers with occasional changes to visual deterrents gives the best results, because birds adjust to any static setup.9USDA Animal & Plant Health Inspection Service. Bird Dispersal Techniques Professional installation of exclusion systems typically runs from a few hundred to a couple thousand dollars depending on scope.