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Buffalo, NY Animal Ordinances: Bird Protection (2026)

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

Key Facts

Federal law
Migratory Bird Treaty Act
State statute
ECL §11-0535
Lights Out
Voluntary downtown program
Permit issuer
USFWS and DEC

Summary

Federal Migratory Bird Treaty Act and New York Environmental Conservation Law Section 11-0535 protect nearly all wild birds in Buffalo; nest disturbance during breeding season can trigger DEC enforcement, and Buffalo lighting and window rules support Lake Erie flyway safety.

Species Type: Bird. Scientific Name: Pandion haliaetus. Conservation Status: Special Concern. New York Status: Special Concern. Federal Status: Not Listed. [...] The decline of this species was caused by DDT-induced eggshell thinning, which reduced the reproductive output of breeding pairs. In turn, the breeding population declined from an estimated 1,000 active nests in the 1940s between New York City and Boston, to an estimated 150 nests in 1969. Since the ban of the insecticide DDT in New York in 1971, and in the rest of the country in 1972, the population has slowly been making a comeback. In 1995, there were 230 breeding pairs on Long Island alone. In 1983, the osprey was down graded to "Threatened" from its 1976 listing as "Endangered", and in 1999 it was downgraded from "Threatened" to "Special Concern." [...] The osprey is probably the longest studied and monitored raptor in New York. DEC monitors the status and productivity of the majority of New York's population. Each year, both ground and aerial surveys are conducted by NYSDEC to document osprey nests in the state.

Source: City of Buffalo CodeView official code

Full Breakdown

Buffalo sits on the Atlantic and Lake Erie migratory flyway. Federal Migratory Bird Treaty Act and New York Environmental Conservation Law Section 11-0535 prohibit take, possession, or nest destruction of native species without a permit. Active nests of robins, swallows, and chimney swifts must be left undisturbed until fledging. Buffalo participates in Lights Out programs urging downtown towers and the Buffalo Niagara Medical Campus to dim non-essential exterior lighting during peak spring and fall migration. Window-collision retrofits for new municipal buildings are referenced in the Climate Action Plan. Wildlife rehabilitators must hold a DEC license under wildlife-rescue-permits rules.

Violations & Fines

Federal Migratory Bird Treaty Act civil and criminal penalties, New York DEC fines under ECL Section 71-0921, and possible municipal enforcement of dark-sky lighting rules during migration.

Frequently Asked Questions

Can I remove a robin nest from my porch light?
Not while eggs or chicks are present; wait until fledging or contact a DEC-licensed rehabilitator if the nest poses a real safety hazard.
Are pigeons protected?
No, rock pigeons, European starlings, and house sparrows are non-native and not covered by the Migratory Bird Treaty Act.

Sources & Official References

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