Avian Nest Surveys

Birds nesting on telecommunications infrastructure or near proposed facility locations present a headache for carriers and tower companies. With most species and nests protected by federal and/or state regulations, these surveys are critical in ensuring compliance and mitigating risk of liability.
Due Diligence > Avian Nest Surveys

Avian Nest Surveys

WHAT IS AN AVIAN NESTING SURVEY AND WHY DO I NEED ONE?

An Avian Nest Survey helps determine if a nest is active and the species of bird, and subsequently whether the nest is protected under the federal Migratory Bird Treaty Act (MBTA), the Endangered Species Act (ESA), or other federal and state protections.

Existing telecom tower facilities and adjacent undeveloped areas (i.e. wooded land, grasslands, wetlands) are common spots for birds to nest. Because most active nests are protected, companies are at risk of violating these regulations when conducting activities which may disturb active nests. Avian Nest Surveys are a critical service for mitigating the risk of potential large fines or other enforcement actions which may delay projects.

EBI can assess the species of bird, determine if the nest is active, and if it is afforded coverage under MBTA or ESA protections, to help ensure your project is completed in compliance with these regulations while avoiding costly fines. While most nesting activity occurs from mid-February through September, other factors such as geographic location and the specific species can affect the length and timing of nesting season, making this a year-round concern to address.


Did you know a single violation of the Migratory Bird Treaty Act could cost you $15,000, or that multiple birds or eggs in a nest can trigger multiple violations?

Get an in-depth look at what Avian Nest Surveys entail and why they’re needed with our 7 Crucial Questions to Know if You're Liable for Avian Nest Surveys by EBI experts Chris Baird and Jason Stayer.

WHAT DOES AN AVIAN NESTING SURVEY LOOK LIKE FOR TELECOMMUNICATIONS CARRIER AND TOWER COMPANIES?

Once you a spot a nest and contact EBI’s avian team for an Avian Nest Survey:

  • A qualified professional from EBI conducts a site survey, taking the appropriate time to adequately assess the nest and whether it is protected under the MBTA, the ESA, and/or other regulations.
  • EBI’s team provides a report of survey findings, determines if an additional survey is required, and provides guidance for when work may resume, helping you get your project back on track.

Don't delay! If you spot a nest, cease work and contact us.

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