Bird Protection: Miami vs New York
How do bird protection rules compare between Miami, FL and New York, NY?
Miami has fewer restrictions than New York.
Miami, FL
Miami-Dade County
Miami-Dade County protects native and migratory birds through the federal Migratory Bird Treaty Act and Florida nongame rules, with extra county safeguards for nesting wading birds, burrowing owls, and shoreline rookeries.
View full Miami rules →New York, NY
New York County
Native birds in New York City are protected by the federal Migratory Bird Treaty Act and New York Environmental Conservation Law §11-0535. NYC Local Law 15 of 2020 added bird-safe glass requirements to the city Building Code. Killing or disturbing protected birds or active nests is illegal.
View full New York rules →Key Facts Comparison
| Fact | Miami | New York |
|---|---|---|
| Federal law | Migratory Bird Treaty Act | Migratory Bird Treaty Act |
| State law | FL Ch. 379 | ECL §11-0535 |
| County role | DERM coordinates protection | - |
| Nest survey | Required before tree work | - |
| Bird-safe glass | - | NYC Local Law 15 (2020) |
| Building Code | - | §1403 lower-story glazing |
| Volunteer rescue | - | Wild Bird Fund |
Highlighted rows indicate differences between cities.
Miami FAQ
Can I trim trees during nesting season?
Trimming is allowed if no active nests are present, but contractors must survey first and pause work near any active nest until fledglings have left.
What about pigeons and parrots?
Nonnative species like rock pigeons and most established parrots are not federally protected, but local ordinances still bar inhumane treatment and improper feeding.
New York FAQ
Can I remove a bird nest from my building?
Not if it is an active nest of any MBTA-protected species, which covers nearly every native songbird. Wait until the nest is empty and inactive, or apply for a federal depredation permit through the US Fish and Wildlife Service.
Does Local Law 15 apply to existing buildings?
It applies to new construction and major envelope renovations, requiring bird-friendly glass on the first seventy-five feet of facade and adjacent to green roofs. Existing buildings are encouraged but not required to retrofit.
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