Bird Protection: New York vs Philadelphia
How do bird protection rules compare between New York, NY and Philadelphia, PA?
New York and Philadelphia have similar restriction levels.
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 →Philadelphia, PA
Philadelphia County
Nearly every wild bird in Philadelphia is protected by the federal Migratory Bird Treaty Act and Pennsylvania Game and Wildlife Code. Killing, trapping, or possessing protected birds, nests, or eggs requires a federal and state permit. Building owners face Lights Out Philly migration guidance.
View full Philadelphia rules →Key Facts Comparison
| Fact | New York | Philadelphia |
|---|---|---|
| Federal law | Migratory Bird Treaty Act | Migratory Bird Treaty Act |
| State law | ECL §11-0535 | 34 Pa.C.S. §2161 |
| Bird-safe glass | NYC Local Law 15 (2020) | - |
| Building Code | §1403 lower-story glazing | - |
| Volunteer rescue | Wild Bird Fund | - |
| Unprotected species | - | Pigeon, starling, sparrow |
| Lights Out | - | Voluntary migration program |
| Nest removal | - | Federal permit required |
Highlighted rows indicate differences between cities.
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.
Philadelphia FAQ
Can I remove a robin nest from my porch light?
Not while it is active. Robins are MBTA-protected. Wait until the chicks fledge and the nest is empty, usually two to three weeks. Pre-emptive deterrents like spikes installed before nesting are legal.
Are pigeons protected in Philadelphia?
No. Rock pigeons, European starlings, and house sparrows are non-native and not covered by the MBTA. Owners may haze or remove them, but cruelty laws under 18 Pa.C.S. §5511 still bar inhumane killing methods.
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