Chapter 1.3
Sensitive Lands and Wildlife Habitat

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Bird-friendly Window and Lighting Standards

INTRODUCTION

Local governments can have a positive impact on the viability of bird populations situated in or migrating through their localities. One of the strongest actions local governments can take on bird conservation is to require bird-friendly building design within their ordinances. Such ordinances help prevent the high mortality rate linked to bird-collisions with man-made structures.[1] These ordinances generally “focus on buildings in specific locations that are heavily used and of particular importance to bird populations” or “address specific building features that have a particular impact on birds.”[2] While local government bird-friendly building guidelines exist in both voluntary and mandatory forms (and combinations of both), best practice is to make them a requirement of development.

Bird-friendly building design ordinances are generally directed at new developments that meet the location and/or design triggers. Once a development meets the threshold triggers it must meet the requisite design standards during the planning review process.[3] Local governments may codify these ordinances in zoning or building codes. For purposes of location triggers, buildings near large open spaces and/or water features, which provide birds’ food or habitat, tend to attract more birds to the vicinity. Heightened design requirements are triggered because of the potential for more birds striking buildings at these locations.[4]

Once the triggers are met, design standards may address atriums, skyways with transparent glass, landscaping near the building that is attractive to birds (often including vegetation or water features), alteration of glass design to include greater fragmentation and opaqueness, and reduction or elimination of up-lighting and spotlights. Design standards have been combined with education and monitoring provisions.^[5] Bird-friendly building ordinances either include a locality’s own standards and guidelines within the code itself, or incorporate by reference either their own bird-friendly design guide or another local government’s or organization’s design guide (such as Toronto’s[6] or the American Bird Conservancy’s[7] design guides), or some combination of these approaches.

Local governments may also create a “Lights-Out Program.”[8] While most of these programs are implemented in localities by non-profit organizations or through local government voluntary initiatives[9], best practice is through a mandatory ordinance. Lights-Out Programs are programs designed to reduce the light pollution that draws night-flying migratory birds into the areas where they will encounter dangerous structures.[10] The programs require buildings to turn off lights between the hours of midnight and dawn, at least through the migratory seasons.[11] Local governments can also incorporate bird-friendly lighting requirements, such as up-lighting restrictions, (or anti-light-pollution requirements generally) either in conjunction with their bird-friendly building requirements or in a separate ordinance.

Local government practices to encourage bird conservation are linked to wildlife conservation efforts generally. These include land development practices that: minimize the loss of habitats; identify critical habitats; protect sensitive ecosystems; create parks and other greenspaces within communities; and discourage the introduction and cultivation of exotic invasive species.[12] For more information about local governments that have passed these ordinances see SDC Sensitive Lands and Wildlife Habitat Chapter.

EFFECTS

Glass facades of buildings are particularly dangerous for birds.[13] The eyes of birds are not equipped with the necessary depth perception to properly perceive glass the way that humans can.[14] This results in many birds flying into glass at full flight speed, often fatally.[15] Rough estimates suggest up to a billion birds die colliding with buildings annually.[16] The amount of glass on the outside of a building generally correlates directly to the number of bird deaths it will cause, but even a small amount of glass can cause many bird deaths over time.[17] More than a third of U.S. bird species are documented as victims of glass-collisions, with over 25 percent of bird species in the U.S. considered under “conservation concern” (birds that are not yet endangered, but likely will be without significant conservation efforts).[18] There is significant overlap between those bird species who are documented victims of glass-collisions and those who are under conservation concern.^[19]

There are several qualities of glass that make it dangerous to birds.[20] Reflection, mirroring the surrounding landscape such as clouds and trees or other vegetation, makes birds believe that they are continuing to fly into an attractive habitat.[21] Transparency causes birds to believe they can access whatever is behind the glass that is attractive to the bird.[22] There can also be a “black hole” or “passage” effect, where the lighting causes glass to mimic the properties of small gaps between trees or nest cavities birds often fly into, by causing the space just behind the glass to appear dark or black, like such a passage they would normally aim to fly inside.[23] While glass high rise buildings account for more deaths per building, due to high visibility, low-rise buildings and homes account for more overall deaths, due to the sheer number of such buildings.[24]

Certain design elements can help to mitigate the devastating effect of glass on bird mortality. These elements include “fritted” (tiny ceramic dots) and frosted glass, ultra-violet glass, art treatment of glass, external screens, architectural features such as awnings and overhangs (which in combination with other treatments help eliminate reflection), and netting.[25] Research suggests that most birds will not fly within spacing that is two inches by four inches and, therefore, use of design features to break up windows should conform to that standard of spacing at minimum.[26] Other bird safety design features include proper channeling of birds away from buildings through walkways, and situating surrounding vegetation in a way that minimizes reflection.[27] Simply using less outside glass, when possible, would reduce the need for mitigating design features.

Studies suggest light pollution at night effects birds, many of which have poor night vision, by possibly disrupting their magnetic senses (which they use to navigate) and diverting their courses during migration towards urban areas, or the lights may simply disorient birds or a combination of these effects.[28] The disorientation prevents the birds from keeping on their migratory course that night, resulting in more birds present in the area during the daytime, when most collisions actually occur.[29] Efforts to replace lights with those that emit less light pollution, more efficient lighting, green and blue light use, reduction of unnecessary lighting, down-lighting, as well as implementing a Lights-Out Program, can mitigate these effects.[30]

Birds contribute to a healthy ecology in several key ways.[31] They eat high numbers of insects, and can help control rodent populations.[32] This results in less damages to crops and forests, and helps to prevent the transmission of insect-carried diseases such as West Nile virus.[33] Birds also contribute to the regeneration of habitats, through pollinating plants and scattering seeds.[34] They even provide a direct economic benefit to humans, with bird watching constituting a more than $40 billion industry.[35] There are also increasing academic studies suggesting birdsong has positive effects towards reducing stress and improving attention restoration.[36]

EXAMPLES

Alameda, CA

Alameda, CA created an ordinance “adopting new bird[-]safe building standards and updated outdoor lighting regulations consistent with Dark Skies standards.”[37] The bird-safe building standards apply to new construction, window replacements, and new or replaced glass structures, but historic structures and glazing on ground floor commercial storefronts are exempted.[38] Standards for bird-safe building construction features include the use of bird-safe glazing, external screens, light-colored blinds or curtains, opaque glass, paned glass with exterior mullions, glass covered with patterns (following the two by four rule), ultraviolet glass, or alternative compliance through use of such features as overhangs, bird-safe placement of landscaping, bird-netting, and grilles.[39]

The ordinance also includes requirements to control outdoor lighting; one rationale for these requirements is to “[m]inimize light that can be attractive, disorienting, and hazardous to migrating and local birds.”[40] The ordinance applies to new, replacements, or additions to exterior lighting, for any project that requires a building or electrical permit, but with a list of exemptions including emergency lighting, holiday displays, construction lighting, and airport lighting.[41] The ordinance prohibits use of searchlights under most circumstances, aerial lasers, mercury vapor, and other very intense lighting.[42] It also provides standards for exterior lighting, such as shielding to prevent up-lighting (except for in a few exceptional circumstances), prevention of light trespass, correlated color temperature for LED lighting, security lighting use, and parking lot, park, and street lighting.[43]

To view the provision, see Alameda, CA, Ordinance No. 3232 (2019).

Cook County, IL

Cook County, IL requires the incorporation of “bird-safe building materials and design features” for all new construction and major renovations.[44] Design features include those recommendations espoused by the City of Chicago and found within the City of Toronto's Bird-Friendly Development Guidelines[45] and New York City Audubon's Bird-Safe Building Guidelines.[46] The code also provides that “[t]he County shall make existing buildings bird-safe where practicable.”[47]

The County also codified lighting standards, which intend to “use lighting systems that minimize light pollution, light trespass and conserve energy while maintaining nighttime safety, utility, security and productivity.”[48] The ordinance provides that the County will cooperate with a network of private and public organization to achieve its intentions.[49] The lighting standards apply to all new lighting and replacement lighting under the jurisdiction of the Forest Preserve District of Cook County Departments.[50] The ordinance provides a list of requirements, such as using downlighting where possible, eliminating excessive lighting, and turning off lighting at night when not in use, to prevent light pollution.[51]

To view the provisions, see Cook County, IL, Code of Ordinances § 2-6 (f)-(g) (2008); and  Cook County, IL, Code of Ordinances § 1-16-4 (2012).

ADDITIONAL EXAMPLES

San Francisco, CA, Planning Code § 139 (2013) (establishing bird-safe standards for new construction, triggered by location or design features particularly dangerous to birds; requirements include bird-safe window glazing, lighting, and wind generation).

Portland, OR, Planning and Zoning Code § 33.510.223 (2019) (requiring that new building and major remodeling projects apply bird-safe exterior glazing techniques on all windows at different rates, depending on certain triggering factors; the standards to be applied to certain portions of a façade are those of the Portland Bird Safe Windows List).

Minneapolis, MN, Code of Ordinances § 535.920(1)(b) (2016) (requiring “[a]t least eighty-five (85) percent of the glazing area of the exterior sidewalls of a skyway shall meet the bird-safe glazing definition”).

Rolling Hills Estates, CA, Code of Ordinances § 9.04.060 (2005) (providing that “[n]o person shall shoot, trap, take or injure, in any fashion or by any means, any wild bird, bird nest or wild bird egg within the city”, with three minimal exceptions).

Lake Charles, LA, Code of Ordinances §§ 4-1 & 4-2 (1993) (designating the entire area of the incorporated City as a Bird Sanctuary; providing that it is unlawful to kill or harass wild birds or take their eggs, except under certain conditions when the City finds them to be a nuisance).

Int’l Dark Sky Ass’n & Illuminating Engineering Soc’y, Model Lighting Ordinance (Jun. 15, 2011) (providing a model ordinance to reduce urban light pollution, including suggested requirements for both indoor and outdoor lighting).

ADDITIONAL RESOURCES

James D. Brown, Biophilic Laws: Planning for Cities with Nature, 34 Va. J. Envt’l L.J 52, 75-78 (2016), https://perma.cc/5GYE-F8MR (introducing efforts for local government bird friendly building design).

Am. Bird Conservancy, Bird-Friendly Building Design (last updated Apr., 2019), https://perma.cc/G53N-B4E4 (providing a guide to bird friendly design, including explanations of glass and lighting as risk factors to birds).

Bird Studies Can., Top 10 Ways for Local Government to Enhance Conservation of Birds & Biodiversity, BC Nature (last updated Aug., 2014), https://perma.cc/6M5T-FTB4 (encompassing a variety of strategies local governments can take for bird conservation).

AnMarie Rodgers et al., Standards for Bird-Safe Buildings, S.F. Planning Dep’t (Jul. 14, 2011), https://perma.cc/84LF-P5JZ (explaining the dangers present in building design to bird safety, and providing recommendations for mitigation).

City of Toronto: Green Dev. Standards, Bird-Friendly Development Guidelines (Mar., 2007), https://perma.cc/G5FZ-9JSF (explaining bird-friendly development, through building design, light pollution mitigation, building management operations, and site design strategies).

John Robert Carley et al., Bird Friendly Best Practices: Glass, Toronto (Jul., 2016), https://perma.cc/2B98-BPKD (providing a companion guide to the Toronto Bird-Friendly Development Guidelines).

Toronto, Best Practices for Effective Lighting (2017), https://perma.cc/9RWQ-C6GF (providing a companion guide to the Toronto Bird-Friendly Development Guidelines).

North-South Envtl. Inc., Bird Friendly Guidelines, City of Markham (Jan. 2014), https://perma.cc/VQ5L-TUXB (providing extensive guidance on Markham’s bird-friendly recommended design strategies).

Am. Bird Conservation, Lights Out for Birds Programs in North America (Jul., 2012), https://perma.cc/AY57-UWWA (providing a list of localities with Lights Out programs, which aim to aid safe bird migration).

Audubon, Guide to North American Birds: Priority Birds, https://perma.cc/SM4F-DVUQ (last visited Jul. 29, 2019) (providing a list of birds requiring conservation efforts).

U.S. Fish and Wildlife Serv., Threats to Birds Migratory Bird Mortality - Questions and Answers, https://perma.cc/74AC-7JZH (last visited Aug. 5, 2019) (breaking down causes of bird deaths by each source, such as collisions with vehicles, cats, collisions with on-shore wind turbines, collisions with communications towers, collisions with building glass, etc.).

Hillary Brown et al., Bird-Safe Building Guidelines, NY City Audubon (May, 2007), https://perma.cc/7GKM-PEFC (explaining the causes of bird collisions and the best design strategies for bird-safety).

Audubon: N.Y., Advocacy: Conservation Policy Resolutions, https://perma.cc/VB45-GEE9 (last visited Jul. 29, 2019) (designating a wide range of Audubon-approved policy initiatives for wildlife conservation in the state of N.Y., including a section exclusively focused on initiatives protecting birds).

Bureau of Planning and Sustainability, Administrative Rule: Bird Safe Window List, Portland (Jul. 9, 2018), https://perma.cc/AQZ2-N4FA.

City of Oakland, Bird Safety Measures, Golden Gate Audubon, https://perma.cc/846X-3B88 (last visited Jul. 31, 2019) (providing Oakland’s bird-safe building standards, which are not codified, but are a required part of their official building permitting-process).

Bird Safe Buildings Act of 2019, H.R. 919, 116th Cong., https://perma.cc/MES3-ZWZJ (proposing federal legislation “to direct the Administrator of General Services to incorporate bird-safe building materials and design features into public buildings, and for other purposes”).

Brooke Wahlberg & Laura Evans, Potential Legal Implications of Birds and Buildings, Nat. Res. & Env’t, Spring 2013, at 1, 2, https://perma.cc/UG3P-X6LS (examining the question of whether the federal Migratory Bird Treaty requires local jurisdictions to adopt bird friendly protections).

TedX Talks, Building for the Birds: Joanna Eckles, YouTube (May 21, 2015), https://www.youtube.com/watch?v=1xD_7n0WJ1Y (explaining an Audubon initiative for bird-friendly building design and Lights Out programs).

GG Audubon, SF Bird-Safe Building Standards, YouTube (Jun. 1, 2012), https://www.youtube.com/watch?v=JUjD8JojZAE (illustrating the importance of San Francisco’s bird friendly design standards).