California Fish and Game Code sections 3503 through 3516 protect almost all native birds, nests, and eggs across San Jose. It is illegal to take, possess, or destroy nests or eggs without a permit. The federal Migratory Bird Treaty Act and city urban habitat policies add another protective layer.
California Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird except as authorized by the Department of Fish and Wildlife. Sections 3503.5 and 3505 give extra protection to raptors and species listed by international treaty, and section 3513 incorporates the federal Migratory Bird Treaty Act. In San Jose, tree trimming, demolition, and construction work must avoid active nests, often by surveying during the February through August nesting season and providing buffers. The city's urban habitat and tree protection policies reinforce these obligations on public and private projects.
Destroying a nest, eggs, or chicks of a protected bird can bring CDFW fines from hundreds to thousands of dollars per bird, federal penalties under the Migratory Bird Treaty Act, stop-work orders, and required mitigation.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Jose, CA
San Jose imposes no general restriction on year-round lawn ornaments, statuary, or religious displays on private residential property. The sign code (SJMC Ch...
San Jose, CA
San Jose has no city ordinance specifically regulating residential inflatable holiday displays. Size, height, and motor noise are not restricted by the munic...
San Jose, CA
San Jose has no ordinance limiting the duration, brightness, or hours of residential holiday lighting. The general nuisance provisions in SJMC Title 6 and th...
San Jose, CA
A built-in outdoor kitchen in San Jose typically requires multiple permits: a building permit for any structural roof or counter exceeding the patio cover ex...
San Jose, CA
San Jose does not have a dedicated ordinance for backyard smokers, pellet grills, or wood-fired ovens. Use is governed by the multifamily balcony restriction...
San Jose, CA
San Jose adopts the California Fire Code (CFC) through SJMC Chapter 17.12. CFC Section 308.1.4 prohibits open-flame cooking devices and charcoal burners on c...
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