Eugene, OR Animal Ordinances: Bird Protection (2026)
Key Facts
- Waterfowl restriction window
- Feb 20 - Jun 30
- Shorebird/wading bird window
- May 1 - Aug 30
- Buffer distance
- 300 feet from nesting area
- Zones covered
- NR zone and /WB overlay
- Identifying authority
- Adopted plans or ODFW
- Max fine
- $1,000 per day of violation
Summary
Eugene bans heavy machinery within 300 feet of identified bird nesting areas in the NR Natural Resource zone and /WB wetland buffer overlay during nesting season: February 20 through June 30 near significant waterfowl nests, and May 1 through August 30 near significant shorebird and wading bird nests, under EC 9.2530(6)(a). The Eugene Code is current through Ordinance 20739, passed June 8, 2026.
(6) Construction Practices:
(a) Within the NR zone and areas with the /WB overlay zone, construction or other use of heavy machinery is prohibited or restricted as described in this subsection. Use of heavy machinery is prohibited:
1. Between February 20 and June 30 of the same year within 300 feet of any significant waterfowl nesting areas identified in adopted plans or policies or by the Oregon Department of Fish and Wildlife.
2. Between May 1 and August 30 of the same year within 300 feet of any significant shorebird and wading bird nesting areas identified in adopted plans or policies or by the Oregon Department of Fish and Wildlife. For purposes of this subsection, heavy machinery is defined as motorized or mechanized machinery or equipment capable of deliberately or inadvertently damaging vegetation, compacting soil, moving earth or causing excessive noise or heavy vibrations through its use.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20739, passed June 8, 2026).
Full Breakdown
2530(6)(a) is a construction-timing rule, not a general trapping or possession ban: within the NR zone and the /WB Wetland Buffer overlay, 'heavy machinery' (any motorized or mechanized equipment capable of damaging vegetation, compacting soil, moving earth or causing excessive noise or vibration) may not be used within 300 feet of a significant waterfowl nesting area between February 20 and June 30, or within 300 feet of a significant shorebird or wading bird nesting area between May 1 and August 30, when those areas are identified in adopted city plans or policies or by the Oregon Department of Fish and Wildlife.
2530(6)(c)). 2530(6)(d) requires it be 'the minimum necessary for the use or activity' and confined to areas where its use is necessary. 2520 Natural Resource Zone Land Use and Permit Requirements. Applicants seeking exceptions or working outside the identified nesting windows still need to route the activity through the site review, conditional use or standards review process that governs NR zone development.
Violations & Fines
A construction or grading project that runs heavy machinery within 300 feet of a mapped nesting area during the restricted window violates EC 9.2530(6)(a) and, like other Chapter 9 land use code violations, is punishable under EC 9.0275(2) by a fine of up to $1,000 per day the violation continues, or up to 100 days in jail, or both. The city manager can also impose a separate administrative civil penalty under EC 9.0270 and withhold permits or order a stop to work under EC 9.0230 until compliance is restored.
Frequently Asked Questions
Does Eugene's bird nesting rule apply to my backyard?
What counts as 'heavy machinery' under the nesting restriction?
How does the city identify a protected nesting area?
Can I ever run heavy equipment during the restricted season?
Sources & Official References
Other rules in Eugene
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