One Nebraska homeowner was disappointed when their homeowners association decided to try to get rid of the beloved birds that lived outside their home.
They raised the issue in r/birding, a community that was sure to support them. “HOA is going to ‘eradicate’ the barn swallows that nest in the trees outside the building,” according to them. “Hundreds, if not thousands, of barn swallows live in the trees outside my high-rise complex in Omaha. Every morning and evening, they make a lot of noise for about 30 minutes, so the HOA decided to try to get rid of them.”
According to the Redditor, the noise complaint was unfounded. “The complex is on one of the busiest and noisiest streets in the city, with unmuffled, insanely loud cars, trucks and motorcycles going by constantly, jack hammers, sirens etc., but some board members can not handle the noise from the birds and are launching an all-out attack,” they told me.
HOAs are not known for their consistency or environmental friendliness. Many have targeted homeowners who made simple money-saving or quality-of-life improvements that benefited the environment, such as planting native plants or installing solar panels. Sometimes changing the rules is an option, but in extreme cases, legal action is required to persuade a HOA to back down.
The original poster was not sure whether existing laws would protect the birds in this case. “Barn swallows are protected by the Migratory Bird Act, but I think you can go after them when there are no eggs in the nests,” they told me.
They wanted a more reliable way to protect their beloved wildlife. “If anyone has any ideas on how to prevent this from happening, please chime in,” they sent out.
One commenter disagreed with the original poster’s interpretation of the law, stating that “They would be in violation of the Migratory Bird Act if they did.” Let them know.
Another bird biologist with experience in environmental permitting shared their knowledge: “These birds and their eggs cannot be harmed under the Migratory Bird Treaty Act. If the nests are found to be inactive, they can legally be removed. If the swallows are still around, the nests should not be disturbed.”
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