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Berkeley, CA Animal Ordinances: Bird Protection (2026)

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

Key Facts

Governing section
BMC 23.304.150
Coverage height
ground to 75 ft. above grade
Residential trigger size
10,000 sq. ft.+ and 35 ft.+ avg. height
ABC threat rating compliance option
30 or less
Existing residential facade exemption ends
January 1, 2028

Summary

Berkeley requires new and significantly altered buildings to treat transparent or reflective glass between the ground and 75 feet with anti-collision measures to reduce bird deaths, using an American Bird Conservancy threat rating, patterned glazing, or exterior screens as compliance options.

A. Purpose. The purpose of this section is to reduce bird mortality from windows and other transparent or reflective buildings or building features known to increase the risk of bird collisions. ... C. Bird Safe Requirements. Any regulated transparent or reflective material must meet at least one of the following conditions: 1. Threat Factor Rating. A product with an American Bird Conservancy Threat Factor Rating of 30 or less. 2. Patterned Glazing Treatment... 3. External Screens, Shutters, or Shading Devices. Panes with exterior screens, shutters or shading devices installed permanently over windows, structures, or building features such that there is no gap larger than 9 inches in one dimension.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

150, adopted to reduce bird mortality from windows and reflective building features, applies to new construction, additions, and replacement glazing on non-residential buildings, and to larger residential or mixed-use buildings of 10,000 square feet or more with an average height over 35 feet, covering all transparent or reflective material between the ground and 75 feet above grade. High-risk features such as railings, glass walls, skywalks, greenhouses, balconies, and acoustic barriers are regulated at any grade regardless of building size. To comply, glazing must meet at least one of three standards: a product rated 30 or less on the American Bird Conservancy Threat Factor scale; patterned glazing with dot markers at least 1/4 inch wide spaced no more than 2 inches apart (or lines at least 1/8 inch wide spaced the same way) with exterior visible light reflectance of 15 percent or less; or permanently installed exterior screens, shutters, or shading devices with no gap larger than 9 inches.

Existing non-residential buildings where every facade is under 30 percent glazing get a phase-in exemption through July 1, 2025, and existing residential buildings under the same 30 percent threshold are exempt through January 1, 2028, though high-risk features are never exempt. 24, are also exempt. Permit applicants must attest to compliance and allow third-party verification under Zoning Officer regulations.

Violations & Fines

Constructing or replacing qualifying glazing without meeting one of the three bird-safe compliance standards, or without the required attestation of compliance to the Zoning Officer, is a zoning code violation that can hold up building permit sign-off and require retrofitting the non-compliant glass or feature.

Frequently Asked Questions

Does Berkeley require bird-safe glass on new buildings?
Yes. BMC 23.304.150 requires new construction, additions, and replacement glazing on qualifying non-residential buildings, and larger residential or mixed-use buildings over 10,000 square feet and 35 feet tall, to use anti-collision glazing between the ground and 75 feet.
How can a building comply with Berkeley's bird-safe glazing rule?
A building can use glass rated 30 or less on the American Bird Conservancy Threat Factor scale, patterned glazing with dots or lines spaced no more than 2 inches apart and 15 percent or less exterior reflectance, or permanent exterior screens or shading with gaps no larger than 9 inches.
Are small existing homes in Berkeley exempt from the bird-safe rule?
Yes, through January 1, 2028, if every facade of the existing residential building has less than 30 percent transparent or reflective material, though high-risk features like glass railings and balconies are never exempt.

Sources & Official References

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