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DuPage County, IL Animal Ordinances: Bird Protection (2026)

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

Key Facts

Citation
DuPage County Code § 5-3(L)
Protected scope
Nest, eggs, or young of protected birds
Exception
Species not IL Dept. of Conservation-regulated
Enforcing agency
DuPage County Animal Services
Penalty
$50 to $1,000 fine, up to 6 months jail

Summary

DuPage County's animal ordinance bars anyone from killing, wounding or taking the nest, eggs or young of a bird protected under federal or state law. The ban tracks the federal Migratory Bird Treaty Act and Illinois wildlife law, and it carries the same misdemeanor penalty as the county's other animal-control violations.

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

No person shall kill or wound, attempt to kill or wound or take the nest or eggs or young of any bird that is protected by federal or state law. Birds that are not regulated by the Illinois Department of Conservation are excluded from this restriction during the period of regulation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).

Full Breakdown

Sec. 5-3(L) of the County Code, part of the ANIMAL CARE section of Article I (ANIMAL AND RABIES CONTROL), states that "[n]o person shall kill or wound, attempt to kill or wound or take the nest or eggs or young of any bird that is protected by federal or state law." The same sentence carves out a narrow exception: birds that are not regulated by the Illinois Department of Conservation are excluded from the restriction during the period of regulation, meaning the ban only bites for species actually covered by state or federal protection at the time. This provision sits alongside a separate ban in Sec. 5-3(M) on killing or taking any fish or wildlife in violation of federal or state law, so bird nests, eggs and fledglings get their own explicit line rather than being folded into the general wildlife clause.

Because the prohibition is keyed to species "protected by federal or state law," enforcement in practice leans on the underlying Migratory Bird Treaty Act and Illinois wildlife statutes to establish which birds qualify; DuPage County Animal Services and its wardens have authority to investigate and cite under Sec. 5-14. A resident who disturbs a protected nest, whether by removing it during tree trimming or destroying eggs, is exposed under this county-level provision even before any separate state or federal charge is considered.

Violations & Fines

Violating Sec. 5-3(L) is a misdemeanor under the article-wide penalty in Sec. 5-13(A): a fine of not less than $50.00 nor more than $1,000.00, up to six months' imprisonment, or both, with each day of a continuing violation treated as a separate offense.

Frequently Asked Questions

Can I remove a bird's nest from my property in DuPage County?
Not if the bird is protected under federal or state law. Sec. 5-3(L) makes it unlawful to kill, wound, or take the nest, eggs, or young of any federally or state-protected bird, on top of whatever penalty the federal Migratory Bird Treaty Act imposes.
Does the DuPage County bird protection rule cover every bird species?
No. The ordinance excludes birds that are not regulated by the Illinois Department of Conservation during the period of regulation, so the ban tracks whichever species state or federal law actually protects, not birds in general.
What happens if I'm cited for disturbing a protected nest in unincorporated DuPage County?
It's charged as a misdemeanor under Sec. 5-13(A), carrying a fine between $50 and $1,000, up to six months in jail, or both, with each day the violation continues counted separately.

Sources & Official References

Other rules in DuPage County

All DuPage County rules

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