Blog: For God’s sake, keep your hedge cutters in the shed for now!
If there’s one thing that makes my blood boil is the lack of respect towards nesting birds. Everyone seems to dust off their hedge trimmers either at Easter or now, in early May, oblivious that this is prime bird nesting time – or that disturbing them is against the law.
If you disturb nesting birds – and that includes a single bird, nest or egg – you’re breaching the Wildlife and Countryside Act 1981. Penalties are an unlimited fine, up to six months imprisonment or both. It’s nothing to ignore, joke about, or plead ignorant to.
Our garden bird numbers are plummeting (during the last 50 years, the UK has lost 38 million birds). We need our garden habitats to be stable ecosystems so the populations can stabilise. As well as the joy we get from watching birds in our gardens, they do a lot of good. A healthy bird population will keep the number of pests down in your garden, making it that much easier to grow organically.
Under the Act, it’s ‘an offence intentionally to kill, injure or take any wild bird, or take or destroy their eggs or nest, or damage a nest, while that nest is in use or being built‘. It is illegal to deliberately prevent access to a nest by, for example, blocking holes in a roof to get to an active nest. This includes birds often referred to as ‘pests’ – feral pigeons, jackdaws and wood pigeons. Read more about helping robins survive winter. Here’s what the RSPB says about leaving fledglings alone.
What does an ‘active nest’ mean?
Before you plead ignorant about the whole definition of ‘nesting birds’, the Act is pretty clear. Obviously, if a nest has eggs or young in it, it is ‘in use’. What about ‘being built’ though?
The law says that a bird begins building its nest as soon as the first nesting material is put in place. There is no ‘they’ve just started excuse’ – don’t take the risk. Nesting material can be:
- A twig or bit of moss
- The first bit of mud in the case of swallows or martins
- Grass in a depression for ground-nesters.
When is the season for nesting birds?
Well, there are no generally agreed fixed dates. The Act does not define a ‘bird nesting season‘ – if a nest is being built or contains eggs or young, then it is active and protected.
Take all of these dates into consideration. The Government’s website guidance for developers says between March 1 and August 31. However, the British Trust for Ornithology’s estimate starts from February 1. With climate change and in warmer suburban and urban gardens, blackbirds and robins can nest as early as January.
What should gardeners do for nesting birds?
If you’re a responsible gardener, you should have a pretty good idea of which birds live in and around your garden. Watch out for changes in behaviour, especially around any suitable nesting sites (hedges, large shrubs, trees). Expect the unusual – I had a family of blackbirds nesting in the large Phormium 60cm off the ground right next to the front garden wall, next to the main road.
Most birds in my garden nest in the tall beech/hawthorn hedge. I trim the inside of this with secateurs and loppers (I know) in January/February, so there are no surprises. Only when I’m sure there are no active nests in late May, the Gary will do the first outer cut of the year. If there are any, that patch gets left until the birds have flown. The late cut (early September) is done by a professional (after checking).
Once, I received a letter from the council about my ‘uncut hedge’. It seems they too were more concerned with what the neighbours thought or whether I broke the law!
All you have to do is watch, wait, be patient, enjoy nature and obey the law. Remember, the birds need you!
For more information on the Act, check out the Government’s website. There is also helpful information on the RSPB site and War On Wildlife’s site.
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Don’t cut hedges near nesting birds: it’s against the law updated 2023
