Osprey and Eagle Nests on Your Property: The Rules in Montana

Is that nest an osprey's or an eagle's?

The Montana Field Guide gives a useful rule of thumb. Ospreys prefer to build at the very top of dead, broken-topped trees, and they also use power poles, docks and other man-made structures. Eagles usually build in live trees, below the top of the canopy. Ospreys nest mainly near large lakes, reservoirs and rivers.

For bald eagles the Field Guide lists ponderosa pine, Douglas fir and cottonwood as the most common nest trees and says nests reused year after year can become huge, sometimes up to 12 feet in height and 8 feet across. Golden eagles nest on cliffs and in large trees, and occasionally on power poles. If you are not sure which bird you have, treat the nest as an eagle's until someone qualified says otherwise.

What does federal law protect?

The Fish and Wildlife Service explains that the Bald and Golden Eagle Protection Act prohibits anyone without a permit from taking bald or golden eagles, including their parts, nests or eggs. The Act's definition of take includes molesting or disturbing. Regulations define disturbing as agitating or bothering an eagle to a degree that causes, or is likely to cause, injury, a drop in productivity, or nest abandonment by substantially interfering with normal breeding, feeding or sheltering.

Ospreys are not covered by the Eagle Act, but the Montana Field Guide lists them under the Migratory Bird Treaty Act, along with both eagles. A 2025 Fish and Wildlife Service memorandum on that Act calls a nest in-use from the first egg until the nestlings have fledged and no longer depend on it, and says destroying an in-use nest requires authorization. Our guide to which birds you can remove in Montana covers the general rule.

Does the protection end when the nest is empty?

For eagles, no. FWP's bald eagle page says the Eagle Act's prohibition includes inactive nests as well as active ones, and that eagles, their nests, nest trees and winter and nighttime roosts are protected by federal laws. The federal guidelines say the Act prohibits removal or destruction of both active and alternate bald eagle nests. The Service adds that the definition of disturbance reaches changes made around a previously used nest while the eagles are away, if those changes interfere with the birds when they return.

For ospreys the answer has more parts. The federal memorandum says an inactive nest of a migratory bird can be destroyed without a federal permit so long as nobody keeps the nest or its contents, that moving any nest requires authorization, and that other federal, state and local laws may still protect an inactive nest. FWP's own guidelines quote a Montana law that makes it unlawful to take or destroy the nest or eggs of a wild bird, other than a game bird, without a state permit. So call FWP before touching an osprey nest, even an empty one in November.

When are the birds on the nest in Montana?

The Montana Field Guide says ospreys arrive in Montana in March and April, lay eggs in April or May, and that the young leave the nest in July and August. Ospreys depart by October for wintering areas far to the south. Bald eagle eggs are laid in March or April, incubation lasts about five weeks, and first flight comes at 10 to 12.5 weeks. Golden eagle eaglets fly in June or July.

FWP's Montana guidelines turn that into a planning date. They recommend a primary seasonal restriction around bald eagle nests from approximately February 1 through August 15, and note that pairs at higher elevations may run later. For planning around other species, see our Montana bird nesting season calendar.

How close can tree work or construction come to a bald eagle nest?

The Service's national guidelines give recommended distances by type of activity. For timber and forestry work they say to avoid clear cutting or removing overstory trees within 330 feet of the nest at any time, and to avoid timber harvesting operations, including chain saw work, within 660 feet during the breeding season. For building work they use the same 330 and 660 foot marks, depending on whether the activity is visible from the nest and what similar activity the eagles already tolerate.

Montana's guidelines are more protective, and FWP says why: most Montana nests are in rural, open country where eagles are more sensitive to people. They recommend not removing existing visual screening within a quarter mile of a nest. Without a visual buffer they recommend a quarter mile for a single home, outbuildings, and forest work such as thinning and snag removal, and half a mile for larger construction and very loud activity. Buffers can be reduced through a site-specific plan prepared with a qualified biologist.

FWP is frank about what these numbers are. Compliance with the guidelines is voluntary, but disturbing eagles is prohibited by law, and following the guidelines does not remove liability if eagles are disturbed. For a tree job that means asking first. When a nest is anywhere near the work, our tree services crew will stop and have that conversation before a saw starts.

What about an osprey nest in a tree you need worked on?

We did not find numeric distance guidelines for ospreys on the pages we loaded, so we are not giving one. What the federal memorandum does say is that it is the responsibility of whoever does the work to make sure no birds, viable eggs or chicks are taken, that it can be hard to tell whether a nest is in use, and that the Service recommends working outside the nesting season to reduce that risk. On the Field Guide's dates, that points to late fall and winter. A snag with a nest on top that also threatens a building is a case for FWP and an arborist together. The Montana Tree Guide has more on dead trees.

What happens when ospreys build on a power pole?

NorthWestern Energy says nests on poles cause outages and fires and put the birds at risk of electrocution. The company reports that it has installed hundreds of nesting platforms, and that when it learns of a nest on one of its poles it follows its Avian Protection Plan, which includes removing the nest if there are no ospreys or eggs in it and in some cases providing a platform nearby. It asks the public to report birds starting to build so crews can clear sticks before eggs are laid. In a 2022 case, crews moved a nest with eggs to a new platform only after the Fish and Wildlife Service gave permission.

NorthWestern also asks landowners to secure baling twine in a covered container and dispose of it properly. Birds carry twine to the nest and can become fatally tangled in it. If the pole belongs to a cooperative, call that utility. We did not load the local co-ops' policies for this guide.

Can you put up your own nest platform?

Not near energized lines, and not by moving an existing nest. The federal memorandum says relocating a nest requires authorization because it involves collecting and possessing it. A platform is something to plan with the utility and FWP, away from the wires. Never climb a pole or work near lines to deal with sticks yourself.

Who do you call?

For questions about a nest, planned construction or a permit, FWP's guidelines tell people to contact their nearest FWP office before applying for a federal permit, and they note that a state permit may be required as well. The Region 2 office in Missoula lists 406-542-5500. The Fish and Wildlife Service issues eagle permits. For an injured raptor, FWP's injured wildlife page lists Wild Skies Raptor Center for the Missoula area at 406-244-5422 and Montana WILD in Helena at 406-444-9942, and warns people not to handle the bird.

HJ's bird mitigation work does not extend to raptors. Our role is tree and building work planned to stay clear of protected nests. More on the permit side is in our guide to migratory bird depredation permits in Montana, and the full series is in the Montana Bird Control Guide.

Call HJ Property Care & Tree Service at (406) 215-7319 or request a bird assessment and we will identify the species, the access points, and what will actually stop them.

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