Phoenix Owl Nesting Sites: We Found Out What the New Construction Zone Rules Actually Mean

As someone who has watched Phoenix sprawl seemingly overnight, I’ve often wondered about the original residents: the wildlife.

Chief among them is the scrappy, charismatic Western Burrowing Owl (Athene cunicularia), the little bird that actually lives underground. Their future is now being shaped by a critical, evolving policy for Arizona’s explosive construction zones.

The truth is, rapid development in the Valley—and increasingly, the rush to build sprawling solar farms and housing tracts—is pushing these owls out of the agricultural and open land they call home.

But thanks to clear, stringent protocols, dedicated conservation partners, and the essential work of translocation, construction is no longer a guaranteed death sentence for these tiny “miners.”

The Core Conflict: Growth Versus the Burrow

The Western Burrowing Owl is a fascinating species. Unlike most owls, they are primarily diurnal (active during the day) and terrestrial (ground-dwelling).

They rely entirely on pre-existing burrows—holes dug by mammals like badgers, ground squirrels, or coyotes—for their nesting, rearing of young, and protection from predators and extreme heat.

This reliance on ground features makes them uniquely susceptible to habitat destruction. When heavy machinery begins grading land for a new Phoenix subdivision or commercial park, it directly threatens the integrity of their homes.

The consequence of this development pattern is a growing number of displaced owls, especially during the critical nesting season (typically March through August), where disturbance can be devastating to owlets.

This situation created a legal and ethical imperative for Arizona agencies to formalize procedures that protect these birds.

The Legal Framework: Why Developers Must Stop Work

The foundation of the new construction zone policy is rooted in federal law, which gives the small owl a powerful legal shield:

  1. Migratory Bird Treaty Act (MBTA): Burrowing Owls are protected under the MBTA, which makes it illegal to “take” (kill, capture, possess, or transport) or disturb their nests, eggs, or young without a permit. This is why construction must stop immediately if an owl is spotted.
  2. Arizona Game and Fish Department (AZGFD) Protocols: AZGFD issues specific guidelines outlining how developers must proceed to ensure compliance. These protocols define “active burrow” and mandate strict adherence to avoidance and relocation strategies.

The core mandate is simple but non-negotiable: If an owl or an active burrow is observed within a project area, the response is immediate: STOP WORK.

All activity must cease and move at least 100 feet away from the owl or occupied burrow. Harassing or attempting to scare the owl away is illegal.

The Policy in Action: Mandatory Surveys and Buffer Zones

To prevent illegal “taking,” the clearance protocol for any major ground-disturbing project in the Phoenix District is multi-layered and time-sensitive:

  • Initial Baseline Survey: Preliminary surveys are highly recommended at the time of property acquisition to identify existing habitat and potential burrows.
  • Pre-Construction Clearance Survey: A second, crucial survey must be conducted by a qualified biologist 30 to 90 days before any grading begins. This timeline is vital because owls may move frequently.
  • The 100-Foot No-Go Zone: If an owl is present, a 100-foot buffer zone must be established. If an active nest with young is present during the nesting season, this buffer is sometimes expanded, and relocation efforts are generally paused until the young are independent, making project timing critical for developers.

The Solution: A Collaborative “Operation Owl Move”

The real innovation in Arizona isn’t just stopping work; it’s the active, organized, and often costly effort to safely relocate hundreds of displaced owls annually.

This proactive approach transforms a legal roadblock into a conservation success story.

The Bureau of Land Management’s (BLM) Phoenix District, the Arizona Game and Fish Department (AZGFD), and the non-profit Wild at Heart have formed a crucial partnership dedicated to augmentation projects, moving these birds from high-risk urban-adjacent land to prepared, safe, long-term habitats.

Here’s the step-by-step process of ensuring a successful move—a process that showcases dedication and specialized science:

  1. New Home Selection: Owls are not moved randomly. They are relocated to designated, safe sites, such as the BLM’s Hassayampa Field Office area or the Powers Butte Wildlife Area. These areas are strategically chosen because they are protected and lie adjacent to suitable agricultural or open lands, ensuring long-term sustainability.
  2. Artificial Burrow Construction: Since the new sites often lack existing mammal burrows, specialized artificial burrows must be constructed. These typically involve large plastic drums (like 55-gallon barrels) buried underground, fitted with a PVC pipe tunnel leading to the surface. These engineered homes offer superior protection from flooding and predators, giving the owls a safer foundation than many natural burrows.
  3. The “Soft Release” Process: This is the most crucial step. Relocated owls are not simply released at the new site. They are placed into temporary, predator-resistant enclosure tents built directly around their new artificial burrow for approximately five weeks. This confinement period is known as the “soft release.”
  4. Breaking Site Fidelity: During the soft release, dedicated volunteers provide daily food and care. This process breaks the owl’s strong site fidelity (the instinct to return to their original home) and allows them to acclimate to the new visual and olfactory environment. Once the tent is removed, the owls are already comfortable and often remain in their prepared homes, successfully integrating into the population.

Our Responsibility: Beyond the Construction Zone

The new policy and successful translocation programs are a vital compromise between economic growth and environmental stewardship.

However, the responsibility extends far beyond the developers and the agencies.

For residents and visitors of the Valley, the survival of the Burrowing Owl depends on vigilance:

  • Avoid Disturbing Habitats: Be aware of open land, canals, and agricultural areas where owls frequently nest. Never approach or harass an owl.
  • Support Conservation: Organizations like Wild at Heart rely heavily on donations and volunteers to continue building artificial burrows and supporting the five-week soft release process.
  • Report Sightings: If you spot a potential burrow or an owl that appears injured or displaced in an urban area, do not intervene. Instead, contact the Arizona Game and Fish Department immediately.

The policy shift in Phoenix is clear: when development meets wildlife, the construction stops, and the conservation partners step in to give these adorable, spunky birds a new start.

It’s a remarkable conservation success story, born directly from the threat of progress, ensuring that the sound of hammering is not the last sound these tiny, tenacious residents of Arizona ever hear.

This video shows how development is pushing burrowing owls out of their native habitats in Arizona. Development pushes burrowing owls out, Wild at Heart steps in | FOX 10 Phoenix

Disclaimer: This report summarizes general policies. For current legal requirements, site-specific protocols, or reporting owl sightings, always consult the official Arizona Game and Fish Department (AZGFD)

Zoey Finch Avatar

Zoey Finch – Senior Editor & Wildlife Writer

With over six years of experience in animal welfare journalism, Zoey leads the editorial direction at PetBriefs. Her focus is on authentic storytelling and verified wildlife news that sheds light on the emotional and environmental connections between humans and animals.

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