Fremont, CA Animal Ordinances: Bird Protection (2026)

) any migratory listed bird" and that Cal. Fish & Game Code Secs. 5, and 3800 prohibit the "take, possession, or destruction of birds, their nests or eggs," with disturbance causing nest abandonment counted as a take (Sec. 020(b)(1)-(2)). Sec. 050(b)(2) turns those findings into a standard development requirement: new development with potential to impact nesting birds through tree or shrub removal must first try to avoid construction activities during the bird nesting season, defined as February 1st through August 31st. If work must proceed during that window, a qualified biologist must conduct a preconstruction survey to identify nesting activity; if nests are found, protective buffer zones sized by the biologist in consultation with the California Department of Fish and Wildlife (CDFW) must be established around them, and construction may not begin within the buffer until a biologist confirms the young have fledged and are foraging independently.

The chapter also separately protects burrowing owls, requiring preconstruction surveys, avoidance during the February 1 to August 31 nesting/roosting period, and passive relocation only where avoidance is infeasible (Sec. 050(b)(1)).