Please see our specialized pages for construction of linear infrastructure (power lines, roads, etc) or vertical infrastructure (communication towers).

Building and home construction can be both a visual and noise disturbance risk to eagles. To determine if your project is considered low risk or if your risk can be sufficiently minimized, please follow the steps below.

Step 1. Determining Risk

1)  My construction activity is NOT VISIBLE from the eagle nest, roost site, or forage area (if visible go to Step 2)

2)  My construction activity is LOW RISK to eagles, such as construction related to:

• Building(s) of 1 or 2 stories
• Building(s) with a footprint less than ½ acre
• If 3+ stories or >½ acre go to Step 2

Information For:

3)  I CAN implement the following recommendations:

• Maintain a buffer of at least 330 feet between your activities and an eagle nest, roost site, or forage area.  (If you would like to use a buffer closer than 330 feet and a similar activity is already closer than 330 feet, go to Step 3.)
• Restrict all clearing, external construction, and landscaping activities within 660 feet of the nest to outside the nesting season (August 16 – December 31)
• Maintain established landscape buffers that screen the activity from the nest
• if NO go to Step 2

If your activity is NOT VISIBLE from the eagle nest, roost site, or forage area, your activity is LOW RISK, and you CAN implement the above recommendations, you can complete the Low Risk Construction Self Certification Form. Keep this form for your records to demonstrate your compliance with the Bald and Golden Eagle Protection Act. Additional Federal, state, local, local, or tribal authorization may be required depending on your activity and location.

Step 2. Minimizing Risk

From your choices in Step 1, you have identified there is a possibility of risk to eagles because your construction activity is VISIBLE from the eagle nest, roost site, or forage area or your activity has moderate RISK of visual or noise disturbance (such as such as building construction of 3 or more stories or a footprint of more than ½ acre). Please answer the following questions to see if you can reduce the risk with additional minimization measures.

Can you:

(1) Maintain a buffer of at least 660 feet between your project activities and the eagle nest, roost site, or foraging area. (If you would like to use a buffer closer than 660 feet and a similar activity is already closer than 660 feet, go to Step 3.)

(2) Restrict all clearing, external construction, and landscaping activities within 660 feet of the nest to outside the nesting season (August 16 – December 31).

(3) Maintain established landscape buffers that screen the activity from the nest.

If you can NOT do one of the three minimization measures above, please go to step 3.

If you CAN do all three minimization measures stated above, you can complete the Minimized Risk Construction Self Certification Form. Keep this form for your records to demonstrate your compliance with the Bald and Golden Eagle Protection Act. Additional Federal, state, local, or tribal authorization may be required depending on your activity and location.

Step 3. Individual Consultation

Your circumstances are such that you need a case-by-case consultation. Please contact your Local Fish and Wildlife Service Office for guidance on additional minimization measures and whether or not a permit may be necessary.