Existing Bird-Friendly Legislation & Ordinances

When writing bird-friendly building legislation, ABC recommends starting with our Model Ordinance and Guide to Writing Legislation. In addition to focusing on the resources that we have created to help you, it can be useful to survey existing legislation and guidelines. We are listing these below.

ABC’s legislative goal is to ensure that bird-friendly building design standards are applied to as many buildings and as much glass as possible. None of the existing legislation and ordinances evaluated below goes as far as ABC’s Model Ordinance for two reasons: 1) politics require making compromises, and 2) many ordinances were modeled on early ordinances that were less stringent. Below, you will see language, common features, and the types of exemptions and restrictions that have been included in existing legislation. We hope your legislation will one day be added to this growing list.

The ordinances and codes below are split into categories based on ABC’s assessment of their overall effectiveness. Each entry has a very brief summary, and a community name is a link to the full language from the official site of the pertinent governing body. As many of the government code source documents are hundreds of pages long, here we have included only the relevant portions. If you would like to view the full text, please visit the governing bodies’ websites.

If you decide to delve into the legislation available below, we recommend reviewing the “Recommended” and “Recommended with Reservations” categories and spending less time with the “Not Recommended” section. While having any bird-friendly guidelines on the books is better than not having any, the “Not Recommended” regulations do not apply to enough buildings or enough glass and should therefore not be the basis for new guidelines. We have only included mandatory and incentivized guidelines because we have found that voluntary guidelines tend not to be followed.

We strongly believe that the most direct route to drafting a good set of guidelines is to start with the full text and definitions of the ABC Model Ordinance and modify as necessary.

In the event that you borrow language from any of the existing ordinances listed below, ABC highly recommends using the definition of bird-friendly glass (and all other definitions) found in our Model Ordinance because they provide the largest number of bird-friendly materials.

General Services Administration P100 Facilities Standards (original 2022, updated 2024)

• Mandatory. Applies to new construction and major alterations that affect the building envelope of buildings owned by the GSA. Glass up to 75 ft. above grade and 3 floors above green roofs must have an ABC Threat Factor of 30 or less. Glass corners, fly-through areas, railings, and other hazardous structures must have a TF of 25 or less.
• Comments: The standard would be stronger if it included glass to 100 ft. above grade.

Washington, D.C., U.S.A. (2022)

• Mandatory. Applies to commercial buildings, District-owned buildings, and multi-unit housing complexes that are new or have 75% or more exterior glass replaced. Requires bird-friendly materials, defined as materials with a maximum Threat Factor of 30, up to 100 ft. such that non-bird-friendly materials do not exceed an aggregate 10 ft.2  in any 10 ft. by 10 ft. area. All corners and fly-through features up to 100 ft. above grade and all glass 24 ft. above a green roof or terrace must be bird-friendly.
• Comments: The standard would be improved by including buildings that are replacing 25% or more of the exterior glass.

Mountain View, CA, U.S.A. (2017)

• Mandatory. Applies only to the North Bayshore area. All new buildings, additions, and alterations should use bird-friendly materials for 90% of the façades up to 60 ft. Includes requirements for lighting and for treating hazardous features. See pages 125-126 in the linked PDF above for the text.
• Comments: The standard would be stronger if it included glass to 100 ft. above grade and 100% of glass on the façade.

New York City, NY, U.S.A. (2019)

• Mandatory. Local Law 15 of 2020 requires that at least 90% of the glass in the first 75 ft. above grade must be bird friendly for all new buildings in the City of New York, from houses to skyscrapers. Covers auxiliary structures and includes requirements for hazardous features.
• Comments: The standard would be strengthened if it included glass to 100 ft. above grade and 100% of glass on the façade.

Toronto, Ontario, Canada (2010)

• Mandatory. Guidelines that apply to: a) all industrial, commercial, and institutional development, b) residential development ≥4 stories, and c) low-rise residential development near natural areas. 85% or more of all exterior glazing, and all hazardous features, must be bird friendly up to 12 m above grade.
• Comments: Including glass to 100 ft. above grade, 100% of glass on the façade, and residential under 4 stories would strengthen it.

Lake County, IL (2024)

• Mandatory. All new non-residential buildings and renovations/additions involving glass are required to have 80% bird friendly glass (TF≤30) to 100 ft. above grade. Includes glass adjacent to green roofs, landscaped areas, and accessory structures.
• Comments: The standard would be stronger if it required 100% of glass to be bird-friendly and residential construction, or had a mechanism to ensure that the 20% non-bird-friendly glass is not in an unbroken mass on the lower floor where it would present a major hazard.

Middleton, WI, U.S.A. (2024)

• Mandatory. Buildings over 10,000 ft.2, where first 60 ft are > 50% glass, 85% of glass and all glass within 15 ft. of corner fly-through conditions must be treated. Spandrel less than 14% reflectivity not included in glass area calculations. Buildings where first 60 ft. are < 50% glass then 85% of glass on areas > 50 ft.2. must be treated. Glass railings and building connections must be treated. All sky bridges, and sound walls or glass screens must be treated on buildings of any size Treated is defined as 1/4” dots or 1/8” lines with 2×2” spacing, low reflectance opaque materials, non-glass double skin facades, screens, metal screens or solar shading, and allows zoning administrator to approve other mitigation options.
• Comments: Could be strengthened by including requirements for smaller buildings and green roofs while also prohibiting large expanses of non-bird-friendly glass.

Portland, ME, U.S.A. (2024)

• Mandatory. Requires bird-friendly materials with a Threat Factor of 30 or less to be used on the first 75 ft. of new or renovated buildings 10,000 ft.2 in floor area or larger. Allows non-bird-friendly materials to be used as long as they do not exceed 10 ft.2 in aggregate in any 100 ft.2 area. Exempts residential buildings, operable sash windows, and ground floor glazing of retail, bars, and restaurants.
• Comments: This could be strengthened by reducing the threshold for applicability to less than 10,000 2, increasing the number of buildings to which it applies, including residential buildings, and eliminating the ground floor retail and sash window exemptions.

Berkeley, CA, U.S.A (2023)

• Mandatory. Requires bird-safe materials on all new non-residential buildings and when glass is replaced on existing buildings up to 75 ft. above grade and on all “high-risk” features (e.g. railings, glass walls, skywalks etc.) Also applies to residential or mixed-use buildings ≥ 10,000 ft2. Bird-safe material include those with an ABC Threat Factor ≤ 30 or following prescriptive criteria. Include phase-ins for “lower hazard” buildings (every façade has < 30% glass area) and exemptions for affordable housing.
• Comments: Including buildings < 10,000 ft2 would strengthen this code.

LEED Innovation Credit: Bird Collision Deterrence (2009; updated 2023) See innovation credit library

• Private Guidelines. An optional Innovation Credit in the US Green Building Council’s LEED program. It can be adopted as an ordinance to cover any/all buildings. It requires that a building have a total building Bird Collision Rating (BCR) of ≤15. BCR is a weighted average that estimates collision risk for the total building envelope, where lower sections — Façade Zone 1, which is ≤40 ft. above grade and ≤12 ft. above green roofs — have more weight than the materials above that (Façade Zone 2 is >40<=100 feet above grade). Includes requirements for lighting, post-construction monitoring, and addressing hazardous features.
• Comments: The credit could be improved by removing the BCR and mandating bird-friendly glass to 100 ft above grade.

Evanston, IL, U.S.A (2022)

• Mandatory. Applies to “all planned developments, new commercial, multifamily and industrial construction projects and renovation projects of an existing building that includes the replacement of 100% of the exterior glazing.” Exempts single-family homes, duplexes, townhouses, and residential structures ≤ 3 stories. Compliance requires a Building Collision Threat Rating dependent on building section and “risk zones.” Projects that meet the LEED Bird Collision Deterrence credit are considered compliant. A second compliance option allows the use of permanently affixed sunshades, shutters, or screens, in lieu of a calculated BCTR.
• Comments: The standard would be improved by including buildings that are replacing 25% or more of the exterior glass, residential structures under 3 stories. For the LEED credit option, the same improvements apply: removing the BCR and mandating bird-friendly glass to 100 ft above grade.

Cupertino, CA, U.S.A (2021)

• Mandatory. Requires bird-friendly materials and lighting for new construction, renovations, and replacement glass windows, doors, and exterior lighting fixtures. Exempts residential development in R1 zoning, first-floor storefronts, and historic buildings unless those buildings fall within a “Bird Sensitive Area.” 90% of glazing must be treated up to 60 ft. and 95% of glazing must be treated above 60 ft.; all hazardous features (skywalks, balconies, corners, etc.) must be treated with visual cues that reduce the likelihood of collisions. Lighting regulations include down-shielded fixtures, warm color-spectrum (≤ 3000K) lighting, and motion sensors.
• Comments: This could be strengthened by removing the exemptions in all areas, not just those designated “bird-sensitive.” Birds move throughout the built environment between habitat spaces and are vulnerable to collisions everywhere glass is present. It could also be strengthened by including a Threat Factor threshold definition of bird-friendly materials.

Illinois (State), U.S.A (2021)

• Mandatory. Applies to State-owned buildings that are newly constructed, acquired, or have renovations altering > 50% of the façade. Requires bird-friendly materials, defined as materials with bird-friendly elements, 2 by 4-inch UV or visible patterns, or opaque glass (does not indicate a Threat Factor threshold), to be used on ≥ 90% of the façade up to 40 ft. and 60% of the façade above 40 ft. Transparent corners and passageways are not allowed, and all glass adjacent to courtyards and atria must be bird-friendly. Includes a provision to “appropriately” minimize and shield outdoor lighting, barring security and mission-related requirements.
• Comments: Could be strengthened by requiring a higher percentage of bird-friendly materials above 40 ft. and defining an acceptable Threat Factor for materials.

Wisconsin (State), U.S.A (2021)

• Mandatory. Requires State-owned new construction and renovations with more than 20% glass facades to incorporate bird-collision deterring strategies on 80% of the façade up to two stories or to the tree canopy, whichever is higher. Includes glass adjacent to green roofs. References ABC Bird-Friendly Building Design Guide for strategies.
• Comments: Would be improved by 1) including buildings with less than 20% glass facades as smaller amounts of glass can still be deadly, and 2) by defining ‘bird-collision deterring strategies’.

Canadian Standards Association (CSA), Canada (2019)

• Model. Model guidelines for all buildings that provinces can adopt into code. Use >90% bird-friendly glazing to 16 m above grade and 4 m adjacent to a green roof — or to the height of the mature tree canopy — whichever is greater. The CSA specifies but does not define “high contrast” for markers.
• Comments: Based on available data, the minimum marker sizes specified are too small (4 mm) and should be increased. The CSA also requires surface-one treatments, but at present, this requirement limits available materials and should be expanded to include effective surface two treatments. The standard should also define marker contrast and opacity.

Emeryville, CA, U.S.A. (2020)

• Mandatory. Applies to all new construction and window replacements. For areas of contiguous glass of ≥12 ft.2, ≥90% of the glazing on any façade or glass structure, and all glass near plants or water features, must be bird friendly. Includes lighting requirements.
• Comments: Removing the 12 ft.2 contiguous glass trigger would make this much more effective.

Madison, WI, U.S.A. (2020)

• Mandatory. Applies to buildings with >10,000 ft.2 of total above-ground floor space: For façades with >50% glass in the first 60 ft. above grade, 85% of the glazing must be bird friendly, along with all glazed corners; façades with <50% glass in the first 60 ft. above grade must treat >85% of glass areas >50 ft.2 along with all glazed corners. Includes hazard features.
• Comments: Ideally, this would be adopted without the 50 ft.2 exemption and would include more buildings by reducing the building square-footage threshold.

Minnesota (State), U.S.A. (2013)

• Mandatory. Applies to state-owned new buildings and major renovations. Whole-building Threat Factors, which are analogous to the weighted average calculation for LEED Innovation Credit for Bird Collision Deterrence, are used to define requirements (non-critical sites = 45; critical sites = 15). Includes hazardous features and lighting. See especially pages 6-7 and 57-66.
• Comments: Could be improved by removing the weighted calculations and critical/noncritical designations and mandating bird-friendly materials to 100 ft.

Communities that have adopted the following legislation are to be commended for having acted to address the bird collision crisis. However, the following are listed as Not Recommended because they contain such a large number of exemptions that ABC feels they do not apply to enough glass/buildings and thus are not sufficiently effective.

Howard County, MD, U.S.A. (2020)

• Mandatory. Applies to: 1) publicly funded new buildings ≥10,000 ft.2 gross floor area, and 2) non-publicly funded new buildings in specified occupancy categories that are also: a) ≥50,000 ft.2 gross floor area or b) ≥10,000 ft.2 gross floor area in downtown Columbia. Other exemptions included. Specified buildings must be built to LEED Credit SSpc55 Bird Collision Deterrence or equivalent standard.

Santa Cruz, CA, U.S.A. (2019)

• Mandatory. Only applies to projects that require design review and are adjacent to or within 300 ft. of a natural area or waterway. Requires that >90% of all glazing must be bird friendly in the first 40 ft. above grade. Includes lighting.

San Jose, CA, U.S.A. (2019)

• Mandatory. San Jose Downtown Design Guidelines and Standards. Applies only to buildings with >50% glazing that are also within 300 ft. of a riparian corridor. Does not specify percentage treatment requirements. Includes hazard features and lighting.

Alameda, CA, U.S.A. (2018)

• Mandatory. Applies to new construction and window replacements for unbroken glazed segments >12 ft.2 only on buildings >35 ft. tall that also have ≥1 façade with ≥50% glass. For those buildings, >90% of the glass must be bird friendly. The definition of “bird-friendly” needs revision. Includes large auxiliary structures. Several additional exemptions. Includes lighting.

Minneapolis, MN, U.S.A. (2016)

• Mandatory. Applies only to new skyways. >85% of all glazing should be bird friendly.

Oakland, CA, U.S.A. (2013)

• Mandatory. Applies only to buildings near a substantial body of water or green space of >1 acre or to those that have a green roof.  >90% of all glass must be bird friendly, defined by a variety of options including screens, mullions, 2” by 4” patterns, and UV films, within 60 ft. above grade. Includes lighting.

Palo Alto, CA, U.S.A. (2015)

• Mandatory. Not an ordinance, but instead a standard condition applied during permitting for new commercial buildings. Requires adherence to the regulations of the City and County of San Francisco (see below).

Richmond, CA, U.S.A. (2016)

• Mandatory. Essentially, it exempts residential buildings. Also exempts almost all non-residential buildings because requirements apply only to non-residential buildings that: have >10,000 ft.2 floor area and are >2 stories and are within or adjacent to green spaces/water of >2 acres — and for those buildings, the only façade that needs to be bird friendly (>80% bird-friendly glass) is the one facing the open space. Includes lighting.

Portland, OR, U.S.A. (2012)

• Mandatory. Applies to the Central City Plan District, new buildings (all façades with ≥30% glazing in the first 60 ft. from grade) and major renovations (all façades where ≥75% of the façade is altered and where the façade has ≥30% glazing in the first 60 ft. from grade). In these cases, ≥90% of windows and glazing must be bird friendly, using materials in the Portland Bird Safe Windows List. Includes hazardous features; excludes low-rise residential.

San Francisco (City & County), CA, U.S.A. (2011)

• Mandatory. Applies to new buildings, additions, and significant renovations that are within an urban bird refuge (>2 acres of greenspace or water) or that are within 300 ft. of a refuge and have a clear line of sight to it. >90% of the glass in the first 60 ft. must be bird friendly. Exempts many residential buildings. Includes hazardous building features and lighting. San Francisco broke ground with this ordinance in 2011, but an update is overdue.

Cook County (unincorporated), IL, U.S.A. (2008)

• Mandatory. Applies to new construction and major renovations and states that these should follow bird-friendly building principles (provides references). No specific guidelines. Includes retrofits for existing buildings “where practicable.” Exempts the city of Chicago.

Generally, we do not recommend voluntary guidelines because they tend not to be used; however, voluntary guidelines can be required for use on buildings by developers applying for exemptions to other regulations, such as higher density or building height. Developers desiring to build increased density or a higher building height can thus be incentivized to use bird-friendly materials.

Arlington County, VA, U.S.A. (2020)

• Voluntary, incentivized. Bird-friendly design is required for projects that apply for bonus density. The entire building façade between 8′ and 36′ above grade will have a Bird Collision Threat Rating ≤ 15 as determined by the calculator in LEED Innovation Credit: Bird Collision Deterrence. In this zone, non-bird-friendly materials shall not exceed an aggregate of 10 ft2 within any 100 ft2 area of exterior wall. This requirement could be improved by including the first floor, extending higher above grade, including renovations that replace glass, and requiring all building permits.

The following communities have passed legislation directing municipal agencies or departments to create bird-friendly guidelines for a subset of buildings; the specific guidelines are still being developed.

Maryland (State), U.S.A (2023)

• Mandatory. Applies to new and renovated State-owned buildings or buildings that received more than 50% of funding from the State. Requires the establishment of standards consistent with LEED Bird Collision Deterrence Innovation Credit and ABC design recommendations updated every five years. Also requires interior and exterior lighting to be reduced from March 1 to May 31 and from August 31 to October 31. Specific guidelines TBD.

Maine (State), U.S.A (2023)

• Mandatory. Requires the development of guidelines for reducing bird collisions at public buildings by December 31, 2024. Exempts historic buildings.  Guidelines TBD.