Kansas is home to a wide variety of bird species—from majestic hawks soaring over the prairies to common backyard visitors like sparrows and robins. While many birds bring beauty and balance to our environment, they can also become a nuisance when they build nests in chimneys, attics, vents, or signs. Before taking action to remove or deter birds, it’s crucial to understand the federal and state laws that protect them.
The Migratory Bird Treaty Act (MBTA)
One of the most important pieces of legislation affecting bird control in Kansas is the Migratory Bird Treaty Act of 1918. This federal law makes it illegal to pursue, hunt, take, capture, kill, or sell nearly all native bird species without a permit. This includes common species such as swallows, starlings, pigeons, and even certain woodpeckers.
What does this mean for homeowners or businesses? In most cases, disturbing active nests—those with eggs or chicks—is prohibited. Removing a bird or nest without proper authorization could result in hefty fines or legal trouble.
What Birds Are Protected?
Under the MBTA, over 1,000 bird species are protected. This includes nearly all native songbirds, raptors, and waterfowl. Even birds that are sometimes considered pests, like Canada geese or grackles, fall under these protections.
The only birds not protected by the MBTA are European starlings, rock pigeons (also called feral pigeons), and house sparrows. These species are non-native and are generally not protected under federal law, although local or state ordinances may still apply.
State-Specific Bird Protections in Kansas
Kansas also has its own regulations through the Kansas Department of Wildlife and Parks (KDWP). Some birds are designated as threatened or endangered at the state level, adding another layer of protection. If a rare species nests on or near your property, additional restrictions may apply to how and when control measures can be taken.
What You Can and Can’t Do
Without proper permits, you generally cannot:
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Remove or destroy active nests
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Trap or relocate most bird species
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Use poisons or harmful deterrents
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Interfere with breeding or nesting activities
However, you can:
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Take preventive action before birds start nesting (like sealing vents or installing bird spikes)
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Remove inactive nests (those without eggs or young)
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Use non-lethal deterrents and exclusion devices approved for use
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Work with a licensed wildlife control operator
When to Call a Professional
Navigating bird laws can be tricky. What seems like a simple nest removal can quickly turn into a legal headache if handled improperly. That’s where Critter Control of Kaw Valley can help. Our team is trained in humane bird management and understands the federal and state regulations that must be followed. We offer legal, safe, and effective solutions to keep your home or business bird-free—without violating any laws.
Stay Protected While Protecting Nature
Birds play a valuable role in Kansas ecosystems, and the laws that protect them are designed to ensure their survival. By staying informed and working with professionals, you can maintain a safe, clean property while remaining compliant with the law.
If you’re dealing with a bird issue on your property, contact Critter Control of Kaw Valley. We’ll assess the situation, explain your options, and provide a humane solution that keeps both you and our feathered neighbors safe.