Beaufort County, SC Animal Ordinances: Bird Protection (2026)

Bird nesting protection in unincorporated Beaufort County comes from the Community Development Code's Resource Protection Standards, § 5.11.70, "Endangered Species and Bird Nesting Habitat," not from the animal-control chapter of the general Code of Ordinances. Under § 5.11.70.A, every applicant must consult South Carolina Department of Natural Resources (SCDNR) and United States Fish and Wildlife Service (USFWS) data to check whether a proposed site holds endangered species habitat or an active rookery. Section 5.11.70.B then requires SCDNR and USFWS to approve an endangered species protection plan before the county's Article 7 review of any subdivision plat or land development plan on a site that contains, or could affect nearby, endangered species habitat, or could "take" (harass, harm, or kill) a species protected under the federal Endangered Species Act, unless the applicant already holds an incidental take permit.

Section 5.11.70.C sets the standard that protects nesting birds directly: "No vegetation shall be removed from an active rookery (bird nesting area) even during the non-nesting season." The code defines an active rookery as one "used by nesting birds within the past five years," so the protection follows the site's recent nesting history rather than whether birds are present the day a permit application is filed. Because the standard sits inside the Natural Resources Survey requirement of § 5.11.20.B, every development or subdivision application must map endangered species and bird nesting habitat on the certified protected-resources survey submitted with the application.