Most native bird species, and their active nests, are protected under the , which prohibits killing, capturing, or disturbing protected species without specific federal authorization. That's a big part of why legitimate bird proofing is about closing off access points, not trapping or harming birds that are already there.
If an active nest is already present when we inspect a home, the right move is to plan the exclusion work around it, not to remove it outright. A reputable provider should walk you through that distinction before doing anything.
recommends the same approach for an active nest found anywhere on a property: leave it in place, keep pets and foot traffic away until the young birds fledge, and only act once it's empty, which is exactly how we plan exclusion work around a nest that's already there.