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Birds, bats and the law: wildlife in the tree, country by country

What each country's wildlife agencies say about active nests, bat roosts and protected animals in trees that are being worked on, and who they say to call.

Checked against the sources at the bottom of this page on October 5, 2026. Rules, fees and pay change: the source has the last word.

This page describes what official agencies say. It is not legal advice. Wildlife law differs by state, province and species, and it changes.

United States

The Migratory Bird Treaty Act is the federal bird law. The U.S. Fish and Wildlife Service (USFWS) says the Act prohibits the take of protected migratory bird species without prior authorization, and that take includes killing, capturing, selling, trading and transport. It covers native species only.

Nests

USFWS says under the Act it is illegal to destroy a nest that has eggs or chicks in it, or young birds still dependent on the nest. The same USFWS page on bird nests says the Act has no rule that applies to destroying an empty nest alone, as long as nobody possesses it during the destruction. It also says destroying a nest in a way that takes birds or eggs without a permit is illegal and can be prosecuted.

The page says nest removal permits are usually issued only when a nest causes a human health or safety concern, or the birds are in immediate danger. It says cavity nests are hard to check, and that where such species are known to occur, USFWS recommends consulting an expert before destroying one.

USFWS gives swallows as an example. Its swallow page says active nests with eggs or chicks may not be touched or destroyed without a permit, empty nests do not need one, and the breeding season runs from March through September.

Eagles

Eagle nests are treated differently. USFWS says nests of bald and golden eagles are always protected under the Bald and Golden Eagle Protection Act, and destroying one needs a permit at all times, whether or not it is occupied. The USFWS page on the Eagle Act defines take as pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb. It adds that the definition of disturb covers effects from human-induced changes around a previously used nest site made while eagles are not present.

Bats

The northern long-eared bat was reclassified as endangered under the Endangered Species Act in a final rule published on November 29, 2022. USFWS says on its species page that these bats roost singly or in colonies under bark, and in cavities or crevices of live trees and dead trees. USFWS also publishes technical assistance tools for forestry and development projects on that page. State rules differ.

Canada

The Migratory Birds Convention Act and its regulations apply anywhere in Canada. Environment and Climate Change Canada (ECCC) says the Act protects migratory birds, their nests and eggs, and that provincial laws and the Species at Risk Act can apply as well.

What the regulations say

Under the federal rules, the Migratory Birds Regulations, 2022 prohibit, among other things, damaging, destroying, removing or disturbing a nest, with exceptions. One exception is a nest built by a species not listed in the tables of Schedule 1, if the nest holds no live bird and no viable egg. For listed species the exception needs written notice to the Minister, and a waiting period in months that depends on the species.

The ECCC page on reducing risk to birds says the nests of all migratory birds are protected when occupied, meaning they hold a live bird or a viable egg. Nests of Schedule 1 species are protected at all times unless the notice and waiting conditions are met. The same page lists clearing trees among activities that can cause harm. It says the best way to avoid harm is to avoid harmful activities during the breeding season, and that nests of at-risk migratory birds count as residences under the Species at Risk Act.

On finding nests, ECCC says searching for active nests is not recommended in most cases, because nests are hard to detect and the risk of disturbing them is high. It also says marking nests with flagging tape is not recommended, because it may help predators find them.

Nesting periods

ECCC publishes general nesting periods by zone. It says they can start as early as mid-March and run until late August, that they leave out the nest-building time before egg-laying, and that the estimates can be off by 10 days or more. ECCC lists jays, owls, hawks, blackbirds, grouse, cormorants and pelicans as birds not under federal jurisdiction, so their nesting can fall outside these periods.

United Kingdom

The guidance below is the England pages on gov.uk, which show a date of March 29, 2015. Scotland, Wales and Northern Ireland have their own agencies.

The government says all wild bird species, their eggs and nests are protected by law. It lists an offence to intentionally take, damage or destroy a wild bird's nest while it is being used or built. It names trimming or cutting trees, bushes and hedges among activities that can harm birds, and advises timing work to avoid the breeding season. Some birds, such as barn owls, are on Schedule 1 of the Wildlife and Countryside Act 1981, which also makes it an offence to disturb them at or near a nest with eggs or young. The page gives the penalty as an unlimited fine and up to 6 months in prison per offence. It also says there is no licensing purpose to permit development or construction.

Bats

The government says all bat species, their breeding sites and resting places are fully protected as European protected species. It lists cutting down or removing branches from a mature tree among activities that can affect bats, and offences include disturbing a bat in a place of shelter. If harm cannot be avoided, a mitigation licence can be applied for from Natural England. The page says the National Bat Helpline, run by the Bat Conservation Trust, gives free advice on behalf of Natural England to people who find bats in a home or place of worship, and cannot advise on building works that need planning permission.

The Bat Conservation Trust says about three quarters of British bat species roost in trees, and that any woodland or tree has potential for a bat roost, especially with cavities, woodpecker holes, loose bark, cracks, splits and thick ivy.

Australia

Australia has federal law and separate state law. Other states set their own rules.

The NSW government says all native birds, reptiles, amphibians and mammals, but not dingoes, are protected by the Biodiversity Conservation Act 2016. For flying-foxes, it says it is an offence to harm or attempt to harm a native animal unless authorised by a licence, an approved code of practice or an exemption. See the NSW flying-fox management page. It also says shooting flying-foxes has not been permitted in NSW since July 1, 2021. NSW says flying-foxes roost in trees by day, and the places they roost are known as camps. Its protection page says the grey-headed flying-fox is listed as vulnerable under the federal Act.

On possums, the NSW brush-tailed possum page says local National Parks and Wildlife Service officers may issue a licence to a property owner to remove a possum from a roof, or a licensed commercial operator can do it, and that all possums must be released near the property. That page is about roofs, not trees.

The NSW gliding possum page says gliders usually nest in tree hollows. Victoria lists a wildlife emergency line at 136 186 on its wildlife site.

New Zealand

The Department of Conservation (DOC) says the Wildlife Act covers all native birds, bats, frogs and reptiles. For an animal that is absolutely protected, it is an offence without a DOC permit to catch, hunt or kill it, or to buy, sell or possess it. DOC says the protection applies at all times, on any land. Tui and fantail are on its list of examples. DOC also says it can issue permits to relocate wildlife, such as bats and lizards, that would be affected by development.

DOC's protocol for felling trees that may hold bats (Version 4, October 2024) says it is an offence to catch alive, kill, hunt, possess, molest or disturb bats. It says avoiding the felling of bat roost trees should be the first step in any project, and that trees with potential roost features must not be cut down in winter. It says bats can roost in exotic trees, so pine should not be presumed free of them, and that filling cavities with expandable foam is not supported. If bats are detected during felling, the protocol says felling of that tree must stop immediately if safe to do so, and DOC is to be told. In emergencies it gives 0800 DOC HOT (0800 362 468). See the whole DOC bat roost protocol.

At a glance

CountryMain law namedWho to ask
USMigratory Bird Treaty Act, Eagle ActUSFWS, state wildlife agency
CanadaMigratory Birds Convention ActECCC, province
UKWildlife and Countryside Act 1981Natural England, bat helpline
AustraliaEPBC Act, state lawsState environment agency
New ZealandWildlife Act 1953DOC, 0800 DOC HOT

For the wider rule books, see safety rules by country.

Sources