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Asheville, NC Animal Ordinances: Bird Protection (2026)

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

Key Facts

Sanctuary area
Entire city limits, plus city-owned land
Governing section
Asheville City Code Sec. 3-17
Permit needed for exceptions
NC Wildlife Resources Commission
Pest exemption
Birds classed as pests under state law

Summary

Asheville designates its entire corporate limits, plus any city-owned land outside them, as a bird sanctuary under City Code Sec. 3-17, making it unlawful to shoot, hunt, trap or kill a bird or destroy a nest or eggs anywhere in town without a state wildlife permit.

(a) The area embraced within the corporate limits of the city and all land owned or leased by the city outside the corporate limits is hereby designated as a bird sanctuary. (b) It shall be unlawful for any person to: (1) Shoot, hunt, kill, trap or otherwise take any bird or other wild fowl; (2) Collect or destroy any bird's nest or eggs; or (3) Disturb or annoy any bird within such sanctuary without a permit issued by the North Carolina Wildlife Resources Commission. (c) The provisions of this section shall not apply to any bird classed as a pest under N.C.G.S. § 113-300.2 and the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-5: Contains Supplement, current through Ordinance 5245, passed 7-28-2026 | State legislation current through 2025 A.L.S. #3).

Full Breakdown

Sec. 3-17 of the Asheville City Code makes the entire area inside the corporate city limits, along with any land the city owns or leases outside those limits, a bird sanctuary. Inside that sanctuary it is unlawful to shoot, hunt, kill, trap or otherwise take any bird or other wild fowl; to collect or destroy a bird's nest or eggs; or to disturb or annoy any bird, unless the person holds a permit issued by the North Carolina Wildlife Resources Commission. 2, the Structural Pest Control Act of North Carolina of 1955, or the North Carolina Pesticide Law of 1971, so licensed pest control work targeting nuisance species is not blocked by the sanctuary designation.

The ordinance dates to the original 2009 animal control code overhaul under Ordinance No. 3731 and has not been substantively amended since. Because the sanctuary covers the whole city rather than a single park or preserve, the rule reaches backyard bird nests and urban trees just as much as city parkland, and a resident who wants to remove an active nest, even an unwanted one on their own property, needs the state wildlife permit referenced in subsection (b)(3) unless the species involved is exempted as a regulated pest.

Violations & Fines

Shooting, trapping, killing or otherwise taking a bird anywhere inside Asheville, or destroying a nest or eggs without a North Carolina Wildlife Resources Commission permit, is a civil violation under the Chapter 3 penalty scheme in Sec. 3-20 and Appendix B to the City Code. The pest-species carve-out under N.C.G.S. § 113-300.2 is the only built-in defense.

Frequently Asked Questions

Is Asheville really a bird sanctuary?
Yes. Sec. 3-17 of the City Code designates the entire area inside the city limits, plus any land the city owns or leases outside them, as a bird sanctuary, banning shooting, trapping, killing or nest destruction anywhere within it.
Can I remove a bird's nest from my own property in Asheville?
Only if you have a permit from the North Carolina Wildlife Resources Commission, or the bird is classified as a pest species under N.C.G.S. § 113-300.2. Otherwise, disturbing or destroying a nest or eggs violates Sec. 3-17.
Does the bird sanctuary law stop pest control companies from removing nuisance birds?
No. Sec. 3-17(c) exempts any bird classed as a pest under the state's Structural Pest Control Act and Pesticide Law, so licensed removal of nuisance species isn't blocked by the sanctuary designation.

Sources & Official References

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