NYS DEC Wildlife Laws: What New York Homeowners Need to Know

When wildlife moves into your home, the immediate instinct is to handle it yourself or hire whoever can come fastest. But New York State has a regulatory framework governing wildlife removal that many homeowners — and some companies — are not fully aware of. Understanding what you can legally do yourself, what requires a licensed professional, and which species carry special legal protections can save you from significant legal exposure.

The NYS DEC NWCO License: What It Is and Why It Matters

Any person or company that charges a fee for nuisance wildlife control services in New York must hold a Nuisance Wildlife Control Operator (NWCO) license issued by the New York State Department of Environmental Conservation. Operating for hire without an NWCO license violates Environmental Conservation Law (ECL) Section 11-0521 and can result in fines and criminal penalties.

To obtain an NWCO license, applicants must:

• Complete a DEC-approved training program covering wildlife biology, trapping techniques, applicable laws, and humane handling standards
• Pass a written examination administered by NYS DEC
• Submit a license application with the required fee
• Maintain insurance meeting DEC requirements
• Renew every three years with continuing education

What Homeowners Can Legally Do Themselves

New York law carves out a self-help provision for property owners. Without a license, you may:

• Trap common nuisance wildlife (raccoons, squirrels, groundhogs, opossums, skunks) causing damage to your property using live cage traps or specific trap types during applicable open seasons
• Exclude wildlife from your structure using physical barriers — sealing entry points, installing hardware cloth, using one-way doors
• Harass or deter wildlife using non-lethal means (noise, lights, repellents) to discourage wildlife from inhabiting your property
• Kill certain nuisance wildlife causing damage during applicable hunting season using legal methods, or under specific damage permit provisions

Critical limitation: these self-help provisions apply to you, on your property, without compensation. The moment money changes hands for wildlife removal services, the person providing those services must be a licensed NWCO — your handyman or general contractor cannot legally perform wildlife removal for hire without an NWCO license.

Species-Specific Protections: The Rules That Catch People Off Guard

Migratory Birds: Federal Protection

The federal Migratory Bird Treaty Act (MBTA) of 1918 protects virtually all wild bird species native to North America — including their eggs, nests, and feathers. It is illegal to “take” any migratory bird without a federal permit from USFWS. Common scenarios where this catches homeowners:

• Active bird nests: You cannot remove an active nest (containing eggs or chicks) without a federal permit. You must wait until the nest is no longer active.
• Chimney swifts: Have full MBTA protection and cannot be disturbed during nesting season, even if they are in your chimney.
• Starlings and house sparrows: Are non-native invasive species and not MBTA-protected — they may be removed without federal permits.

Bats: Seasonal Exclusion Restrictions

In New York, bat exclusions from structures are prohibited from June 1 through August 31 — the maternity season when females raise their young. Pups cannot fly until approximately 6 weeks old. Sealing bats out during this period traps flightless pups inside, where they die, creating odor and re-entry problems.

Legal bat exclusion periods: September 1 – May 31. A company offering bat exclusion in July is offering an illegal service. Additionally, certain bat species — including the Northern long-eared bat and little brown bat — are state-threatened or state-endangered, requiring DEC review before any exclusion work.

Other Protected Species

• All bat species are protected under state law; some have threatened or endangered status
• Eastern box turtles are protected and cannot be relocated or taken
• All raptor species (hawks, owls, eagles) have state and federal MBTA protection
• Timber rattlesnakes are state-endangered and may not be killed under any circumstance, even on your property

Penalties for Unlicensed Wildlife Removal

• NWCO operating without a license: Misdemeanor under ECL; fines up to $1,000 per violation plus potential equipment seizure
• Migratory Bird Treaty Act violations: Federal misdemeanor; fines up to $15,000 per violation and up to 6 months imprisonment for intentional violations
• State protected species violations: Fines of $250–$2,500 per animal plus potential criminal charges
• Homeowner liability: A homeowner who knowingly hires an unlicensed operator can face shared liability for resulting violations

NYC-Specific Regulations: Additional Layers

NYC property owners face additional regulatory requirements beyond NYS DEC rules. The NYC Department of Health and Mental Hygiene (DOHMH) runs its own inspection and enforcement program for rats under the NYC Health Code, independently of DEC. DOHMH inspectors can issue violation notices and fines directly to property owners for rat conditions.

NYC Local Law 15 of 2014 created specific requirements for bird-proofing netting and exclusion devices on commercial structures. NYC Buildings Department may require permits for certain permanent bird exclusion installations. Historic and landmark buildings face additional Landmarks Preservation Commission restrictions on visible deterrent installations.

Wildlife exclusion work on pre-1978 NYC buildings may also trigger lead-safe work practice requirements under NYC Local Law 1 of 2004, as exterior exclusion work often involves disturbing painted surfaces. Licensed professionals familiar with the full regulatory context are essential.

How to Verify a Wildlife Company's NYS DEC License

1. Ask the company for their NYS DEC NWCO license number. Any legitimate operator will provide this immediately.
2. Go to dec.ny.gov and search the NWCO license database under the “Wildlife” section.
3. Verify the license is current, not expired, and the name matches the company or technician doing the work.
4. If the company uses subcontractors, confirm whether field technicians are individually licensed or operating under a company license.

Red flags indicating an unlicensed operator: refusal to provide a license number, offering services that clearly violate legal restrictions (bat exclusion in July, removing an active bird nest), or pricing significantly below market that doesn't account for regulatory compliance costs.

Frequently Asked Questions