The two layers of regulation
Wildlife in Alabama is governed at two levels:
- Federal law — primarily the Migratory Bird Treaty Act (16 U.S.C. § 703) and the Endangered Species Act. These protect most native bird species (including chimney swifts and woodpeckers) and any federally listed species. Removing a protected bird's active nest, eggs, or young requires a federal permit.
- Alabama state law — administered by the Alabama Department of Conservation and Natural Resources (ADCNR), Division of Wildlife and Freshwater Fisheries. State law defines which species are protected, which are designated as nuisance, and what licensing nuisance wildlife operators must hold.
How species are classified in Alabama
Three classifications drive what's legal:
- Protected non-game — bats, songbirds, raptors, most native snakes. Removal requires non-lethal methods and timing that avoids breeding seasons. Bats are the most heavily regulated of these for residential work.
- Game species — gray and fox squirrels, opossums (in some contexts), waterfowl. Generally treated as game during hunting season; nuisance-control exemptions apply for property damage.
- Unprotected nuisance species — raccoons, skunks, beavers, coyotes, feral hogs, English sparrows, European starlings, feral pigeons, Norway rats, house mice. These can be live-trapped and removed year-round on the property where they're causing damage.
Bats: the rule that surprises most homeowners
Every bat species in Alabama is protected. Two species (the Indiana bat and gray bat) are federally endangered; the northern long-eared bat is federally threatened. Even unprotected species cannot be killed or trapped — they must be removed by exclusion only.
Bat maternity season (roughly May 1 through August 1 in Alabama) is the critical window. Flightless pups are in the roost. Sealing entry points during maternity will trap them inside — illegal, and a guaranteed dead-animal-in-wall problem. Reputable operators will refuse full exclusion during maternity and instead schedule the work for late August through April.
See our bat removal service for how we time and execute legal exclusions.
Snakes
Native non-venomous snakes are protected from wanton killing under Alabama wildlife regulations. Venomous species that present an immediate threat may be removed. Most snake calls we run involve harmless rat snakes or king snakes that benefit from relocation. Our snake service emphasizes identification before action.
Birds
European starlings, English (house) sparrows, and feral pigeons are not protected — they can be excluded or removed at any time. Every other bird species you'll commonly see — robins, mockingbirds, chimney swifts, barn swallows, even woodpeckers — is protected by the federal Migratory Bird Treaty Act. Removing an active nest with eggs or young is illegal without a federal permit. Our bird control service works within these rules using netting, spikes, vent guards, and timed nest-prevention work outside the breeding season.
Trapping, relocation, and disposal
Alabama allows live-trapping of nuisance species on the property where damage is occurring. State regulations restrict relocation distance for certain species and prohibit relocation of others (notably raccoons and skunks in some counties due to rabies-control rules). Our operators follow current ADCNR guidance for each species and each property.
What an Alabama nuisance wildlife operator must do
- Hold a current Nuisance Wildlife Control Operator (NWCO) permit issued by ADCNR.
- Carry general liability insurance appropriate to residential and commercial property work.
- Document take of protected species when applicable.
- Comply with federal regulations on protected birds and bats — including not destroying active nests during regulated seasons.
- Use humane, species-appropriate methods. State code prohibits cruelty in nuisance work.
What this means for your home
If you're hearing animals in the attic, the regulatory picture matters more than most homeowners realize. The wrong DIY move during the wrong week of the year can produce a dead animal in your wall, a federal violation, or both. We've spent forty years working inside these rules in North Alabama. See all our services or call 256-636-1168 for an inspection.