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Marin County, CA Animal Ordinances: Bird Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 22.20.040(G)
General nesting season
February 1 to August 15
Trigger
Biological assessment finds high nesting probability
Buffer method
Orange construction fencing around nest tree
Northern Spotted Owl buffer
500 yards (§ 22.20.040(H))

Summary

When a biological assessment finds a high chance of nesting birds on a construction site, Section 22.20.040(G) of Marin's Development Code requires work that could disturb them, tree removal, grading, or other site disturbance, to happen outside the February 1 to August 15 nesting season or clear a pre-construction survey and buffer zone first.

City-specific rules exist: San Rafael has its own bird protection rules that differ from Marin County's county-level regulations. If you live in San Rafael, check the city-specific page instead.

G.Nesting Bird Protection Measures (excluding Northern Spotted Owl). For the purposes of protecting nesting birds, outdoor construction activity that involves tree removal, grading, or other site disturbances in an area where a biological assessment has identified a high probability of the presence of nesting birds are subject to the requirements enumerated below before and during site preparation and construction activities, unless separate project mitigation measures have been adopted that override these requirements.1.Construction activities that may disturb birds shall be conducted outside the nesting season, which generally occurs between February 1 and August 15.2.If commencing construction activities between August 16 and January 31 is infeasible and ground disturbance or tree removal needs to occur within the nesting season, a pre-construction nesting bird survey of the property shall be conducted by a qualified biologist.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

040(G), 'Nesting Bird Protection Measures (excluding Northern Spotted Owl),' applies to outdoor construction activity involving tree removal, grading, or other site disturbances wherever a biological assessment has identified a high probability that nesting birds are present, unless a separate mitigation plan already covers the issue. The default is to schedule the disturbing work outside the nesting season, which the ordinance describes as generally running February 1 through August 15. If work between August 16 and January 31 isn't feasible and ground disturbance or tree removal has to happen during nesting season, a qualified biologist must run a pre-construction survey; if no nests turn up, construction can start within one week.

If active nests are found, a disturbance-free buffer zone goes up around the nest tree until the young fledge, marked with orange construction fencing that keeps machinery and workers out, though grading and construction outside the marked buffer can proceed without restriction once the fencing is in place. County staff can check the fencing during routine site inspections. The biologist has to document the survey, and if fencing is required, photos of it right after installation go to the County. 040(F), protects roosting bats found during tree removal between March 1 and October 15.

Violations & Fines

Because the bird protection measures are conditions tied to the Building Permit or environmental review approval for the project, removing the required buffer fencing or disturbing an active nest without a biologist's clearance is a permit violation under Section 22.122.030, exposing the project to a Stop Work Order; violating that order is a misdemeanor. Disturbing an active nest can also separately violate the federal Migratory Bird Treaty Act, which the County's biological-assessment trigger is designed to help projects avoid.

Frequently Asked Questions

When does Marin County's nesting bird rule kick in?
Only when a biological assessment has identified a high probability of nesting birds on a site where construction involves tree removal, grading, or other disturbance. It's a condition of specific project approvals under Section 22.20.040(G), not a blanket rule for every property.
What if I have to do the work during nesting season?
A qualified biologist must complete a pre-construction survey first. If no nests are found, work can proceed within a week of the survey; if active nests are present, a fenced buffer zone must stay up around the nest tree until the young have fledged.
Is the Northern Spotted Owl handled differently?
Yes. Section 22.20.040(H) sets a separate, larger 500-yard buffer around any spotted owl nest found within 500 yards of a project, with its own nesting season of February 1 through July 9, stricter than the general nesting-bird measures in Subsection G.
What happens if I disturb a nest anyway?
It's treated as a violation of the project's approval conditions under Section 22.122.030, which can bring a Stop Work Order and, for ignoring that order, a misdemeanor. Disturbing an active nest can also trigger separate liability under the federal Migratory Bird Treaty Act.

Sources & Official References

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