A nest does not always stop a gutter cleaning, but it can decide when the run with the nest gets cleaned. For a bird nest, the question is whether it holds eggs or young. For wasps or bees, it is whether the colony is still active. Look from the ground, then put what you saw in the request.
Can a bird nest in a gutter be removed?
Usually once it is empty, and not while it holds eggs or young, for most native birds. The U.S. Fish and Wildlife Service sets this out in memorandum MBPM-2-02 (January 15, 2025):
- A nest is in use from the first egg until the nestlings fledge and no longer depend on it. A nest that birds are still building, before any egg, counts as inactive, and so does a nest after the young have left.
- An inactive nest "can be destroyed without a permit", provided nobody keeps the nest or anything in it.
- Destroying an in-use nest needs federal authorization. Moving any nest, in use or not, also needs authorization.
- The person who removes a nest is responsible for making sure it is inactive. The Service recommends doing the work outside nesting season.
- Other federal, state, tribal and local laws can still protect an inactive nest.
The Migratory Bird Treaty Act protects the more than 1,100 species listed at 50 CFR 10.13. It does not cover the house sparrow or European starling, whose families are not in the treaties, or the rock pigeon and Eurasian collared-dove, which are on the Service's 2020 list of introduced species. State and local rules can still apply to those birds. If you cannot tell which bird built the nest, treat it as protected.
How can you tell from the ground whether it is in use?
Often you cannot see into a gutter, and the memorandum warns that some species make it hard to judge. Watch the spot from a distance. Adults that keep flying to the same place with food, or young birds calling, mean the nest is in use. A nest with no visits over several days is more likely inactive. When in doubt, wait.
When does a wasp nest make a run unsafe to clean?
Penn State Extension, in a guide updated January 29, 2026, notes that yellowjackets, European hornets and honey bees commonly nest in structural voids and other protected cavities, and that a nest near a walkway is likely to be disturbed sooner or later. On a ladder, a disturbed colony is a fall risk as well as a sting risk (see DIY versus professional).
| What you see from the ground | What it probably means | Before the visit |
|---|---|---|
| Twigs or grass in a corner, no birds coming and going for days | An inactive nest | Note where it is in the request |
| Adults flying in with food, or young calling | A nest in use | Ask for that run to wait until the young have left |
| Wasps flying in and out of a gutter end or downspout top in summer | An active colony | Pest control first, or leave that run out |
| A grey paper nest late in the fall, with no flights | A colony near its end | Note it; Penn State says fall nests "will naturally perish soon" |
| A cluster of bees on or in the gutter | Possibly honey bees | Penn State's advice: find a beekeeper willing to remove it |
Penn State also says that anyone allergic to stings should not try to remove a colony, and that a colony inside a wall or soffit is sealed or treated at the inside entry first, so it is not pushed indoors.
What should the request say?
The request form has no nest question, so use the last field, "Anything else the crew should know?". Write which side of the house, which corner or downspout, what you saw, and when. If one run has to wait, answer "Part of the house" when the form asks which parts need cleaning; the provider then confirms in writing which runs are included. What is included in gutter cleaning lists the rest of the scope, and preparing for the visit covers access on the day.
A worked example
A hypothetical house in June has a robin nest in the front-left gutter corner, with adults carrying food to it, and wasps at the top of the back downspout. The American robin is on the federal list. The owner requests the side and back runs now, marks "Part of the house", and writes in the notes: "Robin nest with young, front-left corner, please leave the front run. Wasps at the back-right downspout top; pest control visit booked for Tuesday." In late July, after a week with no visits to the front corner, the owner requests the front run. Downspout cleaning covers what the back downspout needs once the wasps are gone.
Scope and limits
This page is not legal advice, and it does not identify bird species. Pest control, beekeeping and nest relocation are not part of a gutter cleaning request.
Get my price
Start the gutter cleaning request and put the nest details in the notes. The provider, scope, price and visit window are confirmed in writing before payment.
Any US ZIP. No contact details until you have seen the estimate.
Sources
- U.S. Fish and Wildlife Service, Migratory Bird Permit Memorandum MBPM-2-02, "Authorizations to take migratory bird nests and contents" (January 15, 2025), https://www.fws.gov/sites/default/files/documents/2025-01/mbpm-2-nest-memorandum-2025.pdf, verified 2026-11-10.
- U.S. Fish and Wildlife Service, "Migratory Bird Treaty Act of 1918", https://www.fws.gov/law/migratory-bird-treaty-act-1918, verified 2026-11-10.
- 50 CFR 10.13, List of Migratory Birds (eCFR, current to 2026-11-06), https://www.ecfr.gov/current/title-50/chapter-I/subchapter-B/part-10/subpart-B/section-10.13, verified 2026-11-10.
- Federal Register, "List of Bird Species To Which the Migratory Bird Treaty Act Does Not Apply," 85 FR 21262 (April 16, 2020), https://www.federalregister.gov/documents/2020/04/16/2020-06782/list-of-bird-species-to-which-the-migratory-bird-treaty-act-does-not-apply, verified 2026-11-10.
- Penn State Extension, "Getting Rid of Paper Wasps, Yellowjackets, and Other Stinging Insects" (updated January 29, 2026), https://extension.psu.edu/getting-rid-of-paper-wasps-yellowjackets-and-other-stinging-insects, verified 2026-11-10.