Harris County, TX Animal Ordinances: Bird Protection (2026)
Key Facts
- Federal statute
- Migratory Bird Treaty Act
- State statute
- TX Parks and Wildlife Code 64
- County rule
- None separate
- Permit issuer
- US Fish and Wildlife Service
- Active nest rule
- No removal without permit
Summary
Native birds are protected by the federal Migratory Bird Treaty Act and Texas Parks and Wildlife Code Chapter 64. Harris County has no separate bird ordinance. Removing nests, eggs, or birds without a permit is a federal offense with substantial fines.
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.(c) A permit is not required to control yellow-headed,
Full Breakdown
The federal Migratory Bird Treaty Act protects nearly all native bird species, prohibiting take, possession, or disturbance of birds, eggs, nests, or feathers without a US Fish and Wildlife Service permit. Texas Parks and Wildlife Code Chapter 64 layers state protection over additional species, including non-game birds. Harris County has no separate ordinance; enforcement falls to USFWS, TPWD, and city code-compliance officers when nests appear on residential or commercial buildings. Removal during active nesting requires a federal permit; tree-trimming contractors typically schedule work outside the spring nesting window. Common conflicts involve grackles, swallows, and chimney swifts on rooftops, plus migratory flocks staging in coastal Harris County wetlands.
Violations & Fines
MBTA violations are federal misdemeanors with fines up to fifteen thousand dollars and six months jail per offense; commercial violations can be felonies. Texas wildlife violations add state fines and license revocation; tree contractors face stop-work orders during nesting.
Frequently Asked Questions
Can I remove a bird nest from my house?
Who enforces bird-protection rules in Harris County?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas animal ordinances overview
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