Ask Lafeber

Question:

May 6, 2025

Barn Swallow


A new nest was built by barn swallows & eggs were laid. However it appears that only the female is sitting on them. It’s been over 3 weeks and no hatching. Should I leave them alone?


Answer:

Hi,

Thank you for your concern about these wild birds. All native & migratory wild birds are protected by Federal and State law, so you actually are not allowed to interfere. The birds, nest & feathers are protected which means technically you should not collect wild bird feathers or any nests, even an abandoned nest. This is further protection so that someone can’t take a nest and claim they found it on the ground, for example. Please leave them alone and wait to see what happens. You should only observe them at a distance to avoid stress on the adults or any chicks that may hatch. If the nest is not in a good place for you, then once the nest has been abandoned, you may remove it and discard it back to nature.

Here you can find more information: https://www.fws.gov/story/nuisance-swallows

Legal status

All swallows are state and federally protected under the Migratory Bird Treaty Act of 1918. It is illegal for any person to take, possess, transport, sell, or purchase them or their parts, such as feathers, nests, or eggs, without a permit. Active nests with eggs or chicks inside may not be touched or destroyed without a permit from the U.S. Fish and Wildlife Service. Inactive (empty) nests do not require a permit to destroy. Nest or bird removal applications must be justified with strong, compelling reasons such as a health or safety hazard towards humans and/or birds or damage to property. Check with your state government and the Service for migratory bird permits. The Service does not issue permits for bird nuisance issues.

Thank you for asking Lafeber,

Brenda

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