Bird Protection: Houston vs Tomball
How do bird protection rules compare between Houston, TX and Tomball, TX?
Houston and Tomball have similar restriction levels.
Houston, TX
Harris County
Most native birds in Houston are protected by the federal Migratory Bird Treaty Act and Texas Parks and Wildlife Code Chapter 64. Killing, capturing, or disturbing nests, eggs, or feathers without a permit is illegal year-round.
View full Houston rules →Tomball, TX
Harris County
Native birds are protected by the federal Migratory Bird Treaty Act and Texas Parks and Wildlife Code Chapter 64. Harris County has no separate bird ordinance. Removing nests, eggs, or birds without a permit is a federal offense with substantial fines.
View full Tomball rules →Key Facts Comparison
| Fact | Houston | Tomball |
|---|---|---|
| Federal law | Migratory Bird Treaty Act | - |
| State law | TX Parks and Wildlife Ch. 64 | - |
| Active nests | Cannot be removed without permit | - |
| Trimming season | Avoid March through August | - |
| Light pollution | Lights Out Houston during migration | - |
| Federal statute | - | Migratory Bird Treaty Act |
| State statute | - | TX Parks and Wildlife Code 64 |
| County rule | - | None separate |
| Permit issuer | - | US Fish and Wildlife Service |
| Active nest rule | - | No removal without permit |
Highlighted rows indicate differences between cities.
Houston FAQ
Can I remove a bird nest from my Houston gutter?
Only if it is inactive and free of eggs or chicks. Active nests of native species are federally protected; removal requires a US Fish and Wildlife Service Migratory Bird Permit, with limited exceptions.
What should I do about a bird hitting my window?
Place the stunned bird in a ventilated box in a quiet warm area for an hour, then release outside. Persistent strikes warrant decals or screens. Contact Houston Audubon for ongoing rescue help.
Tomball FAQ
Can I remove a bird nest from my house?
Only when the nest is inactive and the species is unprotected. Active nests of native birds are federally protected under the MBTA. Remove only after fledging or with a USFWS permit.
Who enforces bird-protection rules in Harris County?
US Fish and Wildlife Service handles MBTA cases; Texas Parks and Wildlife handles state wildlife code. Harris County does not enforce bird rules directly. Cities may add tree-trimming windows or building-code triggers.
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