Tag Archives: Migratory Bird Treaty Act

Birds in Chimneys

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Birds on top of chimneyAs I’m sitting in my office working, I can hear the high-pitch chirping from some obviously newly-hatched baby sparrows just above my office window. I’m not surprised by the chirping. I’ve been watching the mama bird building her nest on a ledge just above my window for several weeks. During her time building her nest, every time we walk below her nest, she quickly flies away, only to return when we are out of sight. I don’t mind the nest, nor the sound of the constant chirping of the chicks. I don’t even mind the bird poop below the nest on our walkway. It’s the circle of life and I love it.

Apparently, I’m not the only one who is dealing with new nests during the spring. We’ve been getting a lot of phone calls from homeowners who are concerned that birds are coming into the chimney. Here’s some information that you need to know.

Are the birds INSIDE the chimney?

“Are the birds INSIDE the chimney?”  That’s not a dumb question. Just because you hear bird noises coming from the chimney, it doesn’t necessarily mean that they are INSIDE the chimney.

Prefabricated chimneys have a metal flue pipe with a termination cap at the top. Birds like to hang out at the top. Their chirping through the metal flue pipe creates what I call the “Megaphone Effect.” We chimney sweeps have gone out to homes many times because homeowners insist that these feathered friends are inside the chimney, only to determine that they are just hanging out at the top. The good news is that no birds are inside the chimney.

Once the birds get into your chimney

The bad news is that if birds do get inside the chimney, they’ll fall down on top of the closed damper or behind the damper in the area called the smoke shelf. Then the bird gets trapped. Once the bird lands in the smoke shelf, it’s extremely difficult for them to get out on their own.

Once the bird has flown into your chimney, that chimney is now considered its natural habitat. This makes it a felony for anybody to remove the bird or active nest from its natural habitat without a special wildlife permit. Due to the Migratory Bird Treaty Act of 1918, there is a potential $15,000 fine per bird, nest, or egg as well as possible jail time and confiscation of any equipment or tools involved with the removal of said birds.

Chimney sweeps have been targeted by the U.S. Fish and Wildlife Service as frequent violators of these federal laws. Many chimney sweep companies simply didn’t realize that it’s against the law to remove birds from chimneys and what kind of potential heavy fines they are opening themselves up to. For that reason, we recommend contacting animal rescue organizations who have the wildlife permit.

After the birds are gone…

Chimney CapThe best way to deal with birds getting into your chimney is prevention. Once birds are gone from the chimney and the nest has been abandoned, we recommend having the chimney inspected and swept to remove any nesting material. In addition, installing a chimney cap will prevent future birds as well as rodents and other critters from entering the chimney.

To find a qualified chimney sweep company to install a chimney cap, make sure you use a CSIA Certified Chimney Sweep through the Chimney Safety Institute of America.

We have a responsibility as humans to care for our wildlife. We can live in harmony with these precious creatures. Soon enough, I know I’ll miss that sweet chirping just outside my office window.

Roof rats love your chimney!

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A chimney cap will prevent roof rats from entering a homeEven if homeowners don’t use their fireplace, there are still very important reasons to have a chimney cap.

This last week, as a chimney sweep, I received a record number of phone calls from people who had critters in their chimney.  This time of year here in San Diego, during the rainy season, it’s not uncommon to get these phone calls.  Critters are always looking for a dry, warm, dark place during the rain.

Here in San Diego, in many cases, these critters are roof rats. Once they get down the chimney, they land behind the damper in an area called the smoke shelf. Once they go down, it’s difficult if not impossible for them to find their way back up the chimney. If your damper is open, it’s easy for the roof rats to find their way into your home. Not good!

Birds are also a problem

In addition, this is about the time of year when birds are finding places to nest. If a bird gets in a chimney and builds a nest, it is illegal for any person to remove a bird or an active nest without a special wildlife permit, according to the Migratory Bird Treaty Act of 1918. You have to wait until the birds and chicks leave the nest permanently on their own or until the birds die. If the birds die inside the chimney, the smell is disgusting.  Even worse, the leftover nest carries dangerous diseases such as histoplasmosis.

As of March, 2020, here is a comprehensive list of 1,093 species of birds covered under this Act. This list even includes pigeons!

This Act is one of the oldest wildlife protection laws on the books.  According to the MBTA, “It is a misdemeanor to violate any provision of the Act with punishment of a maximum fine of $15,000 or imprisonment up to six months or both…” unless you have a special permit issued by the U.S. Fish & Wildlife Service.

The best way to prevent birds, and other critters, from coming into a chimney is with a chimney cap.

Four other very important reasons for a chimney cap

In addition to preventing critters from entering your home through the chimney, there are four other important reasons to install a chimney cap.

A chimney cap, because it has a spark arrestor mesh, prevents hot flying embers from landing on your roof, on your neighbor’s roof, in dry brush or on solar panels and cars.

Chimney CapA chimney cap with a solid lid on top will prevent most of the rain from entering the chimney. Over a long period of time, rain that enters the chimney will land in the smoke shelf and can then rust out a damper and deteriorate a chimney from the inside out.

A chimney cap prevents leaves and other debris from falling into the chimney from the top. Leaves and debris are a combustible material and can create a potential safety hazard in a chimney.

Downdrafts can create smoking problems. Installing a specially-designed windcap will prevent smoking problems caused by downdrafts.

If your chimney does not have a chimney cap, it’s a good idea to install one. Call a CSIA Certified Chimney Sweep today to install a chimney cap to prevent those “unwelcome visitors” from entering your home!