San Rafael, CA Animal Ordinances: Bird Protection (2026)
Key Facts
- Governing state law
- Fish & Game Code §3503
- Also covers
- active raptor nests
- Request process
- written request to fire chief
- Final decision by
- fire chief
- Applies within
- Chapter 4.12 WUI standards
Summary
San Rafael's wildfire vegetation-clearing rules step aside where compliance would destroy a bird nest, egg or active raptor nest protected under state Fish and Game Code. SRMC §4.12.035 lets an owner request that exception from the fire chief.
There shall be an exception from compliance with the requirements specified in Section 4.12.030 when such requirements would result in any of the following: 1. The destruction of a bird nest, egg, or bird in violation of Fish and Game Code Section 3503, 3503.5 or 3511; 2. Impacts on threatened or endangered species, including species protected under any federal or state law or regulation adopted for the protection of threatened or endangered species; or 3. Disturbance of an active raptor nest.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
SRMC §4.12.035 exempts property owners from the Chapter 4.12 defensible-space vegetation standards where compliance would result in destruction of a bird nest, egg or bird protected under Fish and Game Code §§3503, 3503.5 or 3511, impacts on a threatened or endangered species, or disturbance of an active raptor nest. The exception is not automatic: a person must submit a written request to the fire chief, allow an inspection of the property, and the fire chief's determination on the scope of the exception is final. This is a narrow carve-out inside the city's fire-safety chapter, not a freestanding bird-protection ordinance, the underlying legal protection for the birds themselves comes from state Fish and Game Code.
Violations & Fines
Clearing required vegetation without first requesting this exception can trigger Chapter 4.12's misdemeanor/infraction penalties under SRMC §1.42.010, on top of separate liability under state Fish and Game Code for destroying a protected nest.
Frequently Asked Questions
Do I need a permit to skip the defensible-space clearing for a bird nest?
Does this section create a general duty to protect birds in San Rafael?
Sources & Official References
Other rules in San Rafael
California rules heatmap·Compare San Rafael to another location·View the California animal ordinances overview
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