Nesting Bird Surveys: Ensuring Compliance and Protecting Wildlife

Nesting bird surveys are an essential part of environmental consulting, particularly during the breeding season, which spans from early February to late August. This period is considered a peak season, as many bird species establish nests, lay eggs, and raise their young. These surveys help ensure compliance with environmental regulations and prevent disruptions to protected bird species.

Costa’s hummingbird is an endangered species in the family Trochilidae, found in the arid, semi-arid, climate zones of the Southwestern United States.

Why Nesting Bird Surveys Are Important

First and foremost, nesting birds are protected by the Migratory Bird Treaty Act (MBTA), a landmark conservation law enacted in 1918 to address the widespread killing of birds for their feathers, which were highly sought after for fashion at the time. The MBTA makes it illegal to hunt, capture, kill, or sell migratory birds, their nests, or eggs without proper authorization. It was initially created as part of an agreement between the U.S. and Great Britain (on behalf of Canada) and later expanded to include treaties with Mexico, Japan, and Russia, recognizing the need for international cooperation to protect migratory bird populations.

Beyond legal compliance, protecting birds is essential for maintaining ecological balance. Birds play a critical role in ecosystems by controlling insect populations, dispersing seeds, and pollinating plants. Many species also serve as indicators of environmental health, signaling changes in habitat quality and broader ecological shifts. Additionally, birds hold cultural, aesthetic, and economic value—millions of people engage in birdwatching, contributing to local economies, while Indigenous cultures and traditions have long revered certain bird species. Ensuring their survival is not just a legal obligation but also an investment in biodiversity and the health of our natural world.

For us, as environmental consultants, particularly those involved in utility pole monitoring, nesting bird surveys are a critical part of compliance and risk management. Many bird species, including raptors, woodpeckers, and songbirds, seek out utility poles as nesting sites due to their height and stability. While these structures provide shelter, active nests can create conflicts with maintenance work, infrastructure projects, and regulatory requirements.

By conducting nesting bird surveys, consultants help utility companies and contractors avoid violations of wildlife protection laws, MBTA and state regulations. Identifying active nests early allows for adjustments to maintenance schedules, permitting processes, and mitigation measures, reducing the likelihood of project delays or legal complications.

Furthermore, proactive monitoring helps minimize risks to both birds and infrastructure. Some nesting birds, such as woodpeckers, can cause structural damage to utility poles, while raptor nests near power lines pose a risk of electrocution and service disruptions. By assessing nest locations and behaviors, consultants can recommend strategies such as nest deterrents or pole modifications

A SummitWest biologist captures this sign marking a restricted wetland habitat in California, where migratory and endangered bird species find refuge.

Timing and Conditions for Nesting Bird Surveys

During nesting bird season, biologists typically conduct surveys in the early morning hours, ideally after dawn and before 11 a.m. This window is optimal because bird activity is at its highest, and cooler temperatures allow for more comfortable fieldwork. 

While surveys can be performed later in the day, a few factors must be considered:

Decreased Bird Activity: As temperatures rise, many bird species become less active, making it more challenging to detect their presence.

Increased Sun Exposure: Prolonged time in direct sunlight can affect both the biologist and the accuracy of observations.

Behavioral Changes: Birds may become less vocal or move to shaded areas, reducing the likelihood of identifying active nests.

The burrowing owl is a small, long-legged owl, primarily ground-dwelling owl, native to the open landscapes of North and South America.

What Happens During a Nesting Bird Survey?

A standard nesting bird survey lasts approximately one hour. Upon arriving at the job site, the biologist first scans the area for signs of bird activity while maintaining a safe distance to avoid disturbing the habitat. The goal is to observe natural behaviors before moving closer, as sudden human presence could alter bird activity and skew survey results.

Biologists use binoculars to carefully watch for signs of nesting, such as birds carrying twigs, leaves, or food—indications that a nest is being built or that young birds are present. In addition to visual observations, listening for bird calls is equally important. Some species are more easily detected by their vocalizations than by sight.

If cavities (such as holes in trees, poles, or structures) are observed on-site, the survey time is extended to two hours to accommodate a Woodpecker Survey. Cavity-nesting birds, including certain woodpeckers and small songbirds, require additional documentation. In such cases, biologists will collect further data to determine if any active nests are present.

A SummitWest biologist conducts nesting bird surveys near the Sierra foothills, ensuring critical habitats are protected during nesting bird season.

Documenting and Reporting Findings

When a nest is identified, the biologist flags the area to prevent disturbances. Active nests are marked on Field Maps, and additional documentation (photos, notes, GPS coordinates) is collected. After the survey, the biologist submits findings through standardized forms (e.g., Survey123, Field Maps) to ensure compliance with wildlife protection laws for developers, conservation groups, and agencies.

The California Condor (Gymnogyps californianus) is one of the most critically endangered birds in North America.

– Written by Grace Vorress, SummitWest Biologist.