Houston, TX Animal Ordinances: Bird Protection (2026)
Key Facts
- Federal law
- Migratory Bird Treaty Act
- State law
- TX Parks and Wildlife Ch. 64
- Active nests
- Cannot be removed without permit
- Trimming season
- Avoid March through August
- Light pollution
- Lights Out Houston during migration
Summary
Most native birds in Houston are protected by the federal Migratory Bird Treaty Act and Texas Parks and Wildlife Code Chapter 64. Killing, capturing, or disturbing nests, eggs, or feathers without a permit is illegal year-round.
Sec. 64.002. PROTECTION OF NONGAME BIRDS. (a) Except as provided by this code, no person may:(1) catch, kill, injure, pursue, or possess, dead or alive, or purchase, sell, expose for sale, transport, ship, or receive or deliver for transportation, a bird that is not a game bird;(2) possess any part of the plumage, skin, or body of a bird that is not a game bird; or(3) disturb or destroy the eggs, nest, or young of a bird that is not a game bird.(b) European starlings, English sparrows, and feral rock doves (Columba livia) may be killed at any time in any manner and their nests or eggs may be destroyed, and such conduct does not constitute an offense under Chapter 42, Penal Code.
Full Breakdown
The Migratory Bird Treaty Act of 1918 protects more than one thousand species, and Texas Parks and Wildlife Code Chapter 64 reinforces protection statewide, covering songbirds, raptors, herons, egrets, and waterfowl. In Houston, this means homeowners cannot remove active nests, harm fledglings, or knock down rookeries during nesting season without a federal Migratory Bird Permit from US Fish and Wildlife Service and, where applicable, a TPWD permit. Tree trimming during peak nesting (roughly March through August) requires nest surveys. Window collisions remain a leading cause of bird mortality; Houston Audubon promotes Lights Out Houston to reduce migratory deaths during spring and fall. Native nongame species and feathers cannot be possessed without authorization.
Violations & Fines
Unpermitted take, disturbance, or possession of protected birds, nests, eggs, or feathers can result in MBTA misdemeanor fines up to fifteen thousand dollars per violation, Texas Parks and Wildlife citations, license revocation, and possible federal criminal charges.
Frequently Asked Questions
Can I remove a bird nest from my Houston gutter?
What should I do about a bird hitting my window?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas animal ordinances overview
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