texas

Barn swallows return, but you can't legally remove them once they make a nest

The Migratory Bird Treaty Act legally protects these birds

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Barn swallows are returning to Texas, often building mud nests on porches and entryways. Once they occupy a nest, federal law prohibits removal. Experts recommend early intervention, such as installing physical barriers or removing unoccupied nests, to deter them.

A special kind of squatter is making its way to Texas and once they show up on your front porch, there's nothing you can legally do to remove them.

We're talking about barn swallows, infamous for their mud nests above doorways and for transforming front porches into bathrooms.

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"They don't fly off, they don't go use the bathroom. They use it right where they are," said Texas A&M AgriLife Extension Expert Liz Tidwell. "So you have a nest right above your doorway. They're going to leave you nice little surprises on your front porch all the time."

Barn swallow nests, under a bridge during a river tour after a presentation of the White River Vision Plan, at the Indianapolis Art Center, Indianapolis, Monday, June 3, 2019. The event, which is not a finished plan, is laying out ideas for possible future uses of the waterway, and concluded with an hour long media tour of part of the river. 
(Robert Scheer/IndyStar)
Imagn Images
Imagn Images
Barn swallow nests under a bridge during a river tour after a presentation of the White River Vision Plan, at the Indianapolis Art Center, Indianapolis, Monday, June 3, 2019. The event, which is not a finished plan, is laying out ideas for possible future uses of the waterway, and concluded with an hour-long media tour of part of the river. (Robert Scheer/IndyStar)

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Experts say barn swallows reuse nests from one year to the next.

They say removing old nests and using physical barriers can help keep them away.

"Basically, making a surface slick is going to be the best way. If it's slick, using either plastic or metal, they're not going to be able to adhere their nest to that surface. So if they can't build their nest, they're not going to hang around," said Tidwell.

If the birds occupy a nest - you cannot remove them or the nest until they vacate the nest.

"The Migratory Bird Treaty Act legally protects these birds, meaning you cannot disturb them. You cannot legally possess any part of them. You can’t possess feathers, the nest, the eggs. Once they are physically occupying the nest – there are eggs, there are nestlings or fledglings in there – you have to leave the nest alone until they vacate that nest," said Tidwell. "Once they vacate the nest, you can then go in and physically remove the nest so they don’t use it a second time."

So if the barn swallows take up residence at your home, take solace in knowing they are insectivores. They eat bugs, so if you don't like flying insects, like wasps and crickets, you don't have to pay a pest control company; you can let the barn swallows take care of it!

NBC 5's Nexstar partners at KXAN-TV contributed to this report

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