Your home and garden might feel like your domain, but nature has its own rules. Sometimes, the critters that move in aren’t just unwelcome—they’re protected by law. You can’t just remove or relocate them without facing legal consequences.
Certain creatures are off-limits because they play vital roles in the ecosystem or are endangered. Before you try to evict a furry or feathered visitor, it’s worth knowing which animals you legally have to let stay. Here are 13 creatures you can’t remove from your property.
Woodpeckers
These industrious birds, known for their tree-tapping habits, are also protected under the Migratory Bird Treaty Act. While they might occasionally peck at your house, you cannot legally remove them or their nests. They play a crucial role in controlling tree-boring insects, thereby contributing to the health of trees.
Migratory Birds
Under the Migratory Bird Treaty Act (MBTA) of 1918, nearly all native bird species are protected. This means you can’t disturb their nests, eggs, or even their feathers. If a robin decides to build a nest on your porch light, you’re essentially hosting a protected guest for the season. This act covers over 1,000 species, so a good rule of thumb is to enjoy them from a distance. Studies report a decline of nearly 3 billion birds in North America since 1970, underscoring the importance of these protections.
Non-Venomous Snakes
While a slithering friend might send shivers down your spine, many non-venomous snakes are protected, especially if they are rare or endangered. Some garter snake species or milk snakes are protected in certain regions due to habitat loss. They play a vital role in controlling pests, such as slugs and rodents, thereby contributing to a healthy garden ecosystem. The U.S. Fish and Wildlife Service lists various snake species as threatened or endangered.
Frogs and Toads
These amphibians are vital indicators of environmental health and essential parts of the food chain. Certain species of frogs and toads, especially those with declining populations due to pollution or habitat loss, are protected. Catching or removing them from your property might be against local regulations. They help control insect populations in your garden.
Gopher Tortoises
Found in the southeastern United States, the gopher tortoise is a threatened species. Their burrows provide shelter for hundreds of other animals, making them a “keystone species.” It’s strictly illegal to harm, harass, or remove a gopher tortoise or disturb its burrow. This protection extends even if their burrows are in your backyard.
Sea Turtles
Though unlikely to be in your average home, if you live near the coast, sea turtles are highly protected under the Endangered Species Act. Disturbing their nesting sites or hatchlings is a severe federal offense. If you encounter one, admire it from a distance and contact wildlife authorities. According to the NOAA Fisheries, all six species of sea turtles found in U.S. waters are listed as endangered or threatened.
Bald and Golden Eagles
These majestic birds are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. These laws make it illegal to take, possess, sell, purchase, barter, offer to sell, purchase, or barter, transport, export, or import, at any time or in any manner, any bald eagle or golden eagle, including their parts, nests, or eggs. If one nests on your property, you’ve got front-row seats to nature’s spectacle.
Owls
All native owl species are protected under the MBTA. From the tiny Elf Owl to the Great Horned Owl, their presence is a good sign of a balanced ecosystem. If you find an owl nesting on your property, consider it a compliment to your garden.
Hummingbirds
These tiny, jewel-toned birds are a delight to watch as they flit among flowers. They are also protected under the Migratory Bird Treaty Act. You can’t disturb their incredibly delicate nests, which are often no bigger than a thimble, nor capture them. Enjoy their vibrant energy in your garden. About 59 million Americans participate in backyard bird feeding, a popular way to interact with these protected species, according to the U.S. Fish and Wildlife Service.
Protected Lizard Species
Similar to snakes and turtles, certain lizard species are protected due to conservation concerns. These can vary by state and region, so if you have a lizard friend living under a rock in your garden, it’s always wise to check local wildlife regulations before interfering. They can be beneficial insect eaters.
Bats
These nocturnal fliers might give some people the creeps, but bats are incredible insect eaters, consuming thousands of mosquitoes and other bugs each night. They are protected in many states and under federal law due to declining populations. Disturbing or removing a bat colony, especially a maternity colony, can lead to significant fines. It is illegal to disturb a bat roost or remove bats without a permit.
Certain Butterfly Species
Some butterfly species, particularly endangered ones like the Monarch butterfly (though its protection status is debated, it is often subject to conservation efforts), are indirectly protected. While you might not be breaking a law by shooing one away, intentionally harming or destroying their habitat, especially for federally protected species, could lead to issues. Many gardeners plant milkweed to support Monarch populations, a great way to promote wellness in your garden.
Squirrels
While often seen as garden nuisances, some local jurisdictions have ordinances that limit what you can do with squirrels, especially if they are a native species and not causing immediate structural damage. It’s not uncommon for city wildlife services to be the only ones authorized to remove them. Always check your local municipality’s rules before trying to deal with a squirrel problem.
Disclaimer – This list is solely the author’s opinion based on research and publicly available information. It is not intended to be professional advice.
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