The Migratory Bird Treaty Act protects active nests of barn swallows.

Federal wildlife agents made a visit to a Lawrence apartment complex this week regarding the removal of some uninvited residents. It seems the complex — Remington Square in southwest Lawrence — has become a prime location for nesting barn swallows.

Barn swallows, which are migratory, are known for their graceful forked tails as much as their habit of protecting their nests by swooping near those who approach. Some tenants at the complex have been requesting the nests be removed; however, whether to remove the nests is not a matter of preference.

A resident at the complex notified wildlife officials after she said the complex’s maintenance staff recently removed about 20 nests that were either complete or nearly completed.

“They spent the first part of their reproductive season working really hard on building these nests and these people just came over, just knocked them down with sticks,” said Sarah Archer, who has been a resident at the complex for four years.

As migratory birds, state and federal laws protect the swallows’ nests, and Archer contacted wildlife officials with her concerns about the nest removals this week. Archer said the swallows have been building their nests in the covered breezeways between apartments for years, and she thinks the nests should be left to allow the birds to raise their young.

“They are migratory; they come and they go,” Archer said. “They’re only here for about eight weeks.”

Under the Migratory Bird Treaty Act, it is illegal to remove the active nests of certain migratory birds. An active nest is defined as one occupied by either eggs or baby birds. Following Archer’s complaint about nest removals, management with the apartment complex has been in contact with state and federal wildlife officials.

Management with the complex said they are working to follow the law and deal with other concerns the nests bring. Though some residents have requested that nests near their apartments be removed, management’s main concern is that some nests are being built on top of external sprinkler heads, said Bryan Cargill, assistant property manager for the complex. Cargill said any nests built on the sprinklers create a safety hazard.

“We’ve been trying to find a solution,” Cargill said. “… That’s the only time that we’re taking them down, is if they’re on the sprinkler heads.” Cargill said that they are looking into ways to prevent the nests from being built in the future.

Fire codes require that sprinkler heads be free of any obstruction, and the nests were checked for eggs or hatchlings before they were removed, according to a statement from an attorney representing the apartment complex.

Barn swallows aren’t alone in their protection under the law. A long list of migratory birds are protected, including dozens of species that move through the area, such as eagles, owls, blackbirds, crows and finches. Violation of the migratory bird act is a misdemeanor offense punishable by a fine of up to $15,000 and/or as much as six months in prison.

For those who don’t want nests on their home or building, there are some options besides knocking them down. However, wildlife officials said prevention methods aren’t always successful.

“If they are underneath an eave or something that you can’t prevent them from getting to, it can be difficult,” said Mike Miller, information section chief for the Kansas Department of Wildlife.

Miller said one course of action to prevent nests from being built is mounting wire mesh over locations that birds favor or using other visual deterrents such as owl decoys or flash tape. And for those who just want the nest farther from their building or home, there is another option, he said.

“You can provide a nesting box or platform near the home, which gives them an alternative,” Miller said.