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Travis County, TX Animal Ordinances: Bird Protection (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Federal statute
ESA and MBTA
Nesting season
March through August
Local plan
Balcones Canyonlands
Permit issuer
U.S. Fish and Wildlife

Summary

Travis County hosts protected species like the golden-cheeked warbler under the federal Endangered Species Act, plus migratory songbirds under the federal Migratory Bird Treaty Act enforced regardless of any county rule.

City-specific rules exist: Austin has its own bird protection rules that differ from Travis County's county-level regulations. If you live in Austin, check the city-specific page instead.

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.

Source: Travis County Balcones Canyonlands Conservation PlanView official code

Full Breakdown

The golden-cheeked warbler and black-capped vireo nest in juniper-oak Hill Country habitat across western Travis County. Land clearing during nesting season, March through August, can trigger federal Endangered Species Act take violations even on private land. The U.S. Fish and Wildlife Service issues incidental-take permits, often coordinated through the Balcones Canyonlands Conservation Plan administered by Travis County. The federal Migratory Bird Treaty Act protects nests and eggs of nearly all native songbirds. Tree removal permits within BCCP units require habitat survey and mitigation contributions.

Violations & Fines

Federal MBTA fines up to 15000 dollars per violation, ESA criminal exposure up to 50000 dollars and one year, plus BCCP mitigation fees and project halts during nesting season.

Frequently Asked Questions

Can I clear cedar in spring?
Risky. Clearing oak-juniper habitat between March and August may violate the Endangered Species Act if warblers are nesting. Schedule clearing for fall or winter.
Do I need a permit for tree removal?
Within Balcones Canyonlands Conservation Plan units, yes. Outside the plan, federal habitat rules still apply, and Travis County can advise on survey requirements.

Sources & Official References

Other rules in Travis County

All Travis County rules

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