Does Lubbock, TX have its own bird protection ordinance?

No. Lubbock, TX does not appear to have a local bird protection ordinance, Texas state law applies instead. The rules summarized on this page come from Texas Parks and Wildlife Code.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Lubbock

Lubbock, TX Animal Ordinances: Bird Protection (2026)

Light Restrictions

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

Key Facts

Federal law: Migratory Bird Treaty Act
Nest season: Roughly March to August
State backup: Tex. PWC protections
Permit issuer: USFWS

Summary

Migratory birds, eggs, and active nests are federally protected from disturbance under the Migratory Bird Treaty Act. Lubbock builders, tree trimmers, and homeowners must avoid destroying active nests and may need timing restrictions on work.

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, red-winged, rusty, or Brewer's blackbirds or all

Source: Texas Parks and Wildlife CodeView official code

Full Breakdown

The federal Migratory Bird Treaty Act prohibits taking, killing, or possessing migratory birds, their nests with eggs or young, or their feathers without a permit. The U.S. Fish and Wildlife Service enforces the act, and most native songbirds, raptors, and waterfowl are covered. In Lubbock, this affects tree-trimming and construction during nesting season, typically March through August, and developers near playa lakes must survey for active nests before clearing. Texas Parks and Wildlife Code also protects state-listed birds. Property owners may not destroy active nests on chimneys, eaves, or trees without USFWS authorization, even when the birds are inconvenient.

Violations & Fines

Federal misdemeanor under MBTA with substantial fines, state penalties under Texas Parks and Wildlife Code, and stop-work orders on construction or tree work that destroyed active nests.

Frequently Asked Questions

Can I remove a bird nest from my Lubbock chimney?

Only if the nest is inactive with no eggs or young; active nests of native species require a federal permit to disturb under the Migratory Bird Treaty Act.

Does Lubbock require nest surveys before tree removal?

Not always for single residential lots, but commercial and large-tract clearing typically schedules outside nesting season or hires a biologist to survey active nests first.

Sources & Official References

[1]Tex. Parks and Wildlife Code Ch. 64

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