Survey for Nesting Birds and Bats Before Demolishing a Structure

Steps

1. Before demolishing a structure with visible nesting activity (eaves, vents, chimneys, ledges), retain a qualified biologist to conduct a preconstruction nesting-bird survey if work will occur during the regional nesting season and avoidance isn't otherwise feasible.
2. If active nests with eggs or dependent young are found, delay demolition of that portion until the nest becomes inactive — destroying an active nest can violate the Migratory Bird Treaty Act regardless of intent.
3. Separately assess the structure for bat use (attics, gaps, chimneys), especially before demolition in spring/summer when maternity roosts are more likely present; bats are generally protected under state wildlife law and, for listed species, the federal Endangered Species Act rather than the MBTA.
4. Consult the state wildlife agency for state-specific timing restrictions or survey requirements on both birds and bats, since state law often adds requirements beyond the federal baseline.
5. Document survey findings and any resulting schedule adjustments in the project file to demonstrate a good-faith compliance effort.