Chimney swifts in your chimney: what the law says
Updated
Short answer
Part of Animal and Bird Removal.
Noise in the flue in summer is often a bird, and that changes who is allowed to do what. This guide covers the rule and a safe order of operations. For a squirrel, raccoon or a bird that is not a swift, see the animal and bird removal service page.
What the law says
Chimney swifts nest and roost in masonry chimneys. The Fish and Wildlife Service says they are protected by the federal Migratory Bird Treaty Act.
U.S. Fish and Wildlife Service
“Clean your chimney every year--- but do it outside of swift nesting and roosting season. For most of the U.S., that means you should clean your chimney between September/October to March/April”
The Service adds that harassing, injuring or killing swifts, their eggs and nests is illegal. Illinois Extension (September 17, 2026) says most native birds and their active nests are protected under the Migratory Bird Treaty Act and the Illinois Wildlife Code.
The calendar in Illinois
Illinois DNR
“The chimney swift is a common migrant and summer resident throughout Illinois. ... Fall migration begins in September”
The Fish and Wildlife Service says swifts arrive in the U.S. in March or April and depart in August or September. Illinois DNR gives no spring arrival date, so for planning treat spring through September as swift season in Winnebago County.
If you hear birds in the chimney
- Do not light a fire, use smoke or poke at the nest. Any of those can harm the birds or the young.
- Do not hire anyone to remove the nest or the birds during the season. Someone who offers to is breaking the rule.
- Keep the fireplace unused until the birds leave.
- Wait until September or October, when the birds have migrated, then have the chimney inspected and swept.
- Ask for a cap to be fitted while the chimney is empty, so the birds cannot return next year.
If you are not sure the sound is a swift, say so when you call. Whoever visits should identify the animal first, because the rules for other animals differ.
When the chimney also vents an appliance
This is the hard case, and it is common in Rockford. 83.5% of county homes heat with gas, and many older houses vent a furnace or a water heater through the masonry chimney. A water heater runs all year, so a nest in that flue can block exhaust while the birds are present. Nicor Gas says blocked vents can let carbon monoxide into the home, and that a yellow or orange flame can mean poor combustion or venting. If an alarm sounds, leave the house and call for help. If the appliance is struggling but there is no alarm, ask a sweep or wildlife professional how the law applies to the nest. Do not remove it yourself.
Illinois carbon monoxide alarm law
“Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes.”
The carbon monoxide alarm guide explains where the alarms go.
After the birds leave
A cap with mesh keeps swifts, other birds and animals out, and it keeps rain out too. The cap guide explains what a cap does. HomeGuide prices a cap at $200 to $850 (HomeGuide, chimney cap cost, national, updated February 9, 2026), and Angi at $190 to $650 (Angi, chimney cap cost, national, updated April 6, 2026). A cap and a sweep together are the usual fall visit.
Other animals cost more
A raccoon, squirrel or non-swift bird in the chimney is a different job. HomeGuide prices animal removal from a chimney, including trapping, cleaning, an exclusion door and sealing, at $600 to $1,500 (HomeGuide, animal and wildlife removal cost, national, updated February 13, 2026). Angi prices a sweep freeing a trapped animal at $200 to $600 (Angi, chimney sweep cost, national, updated July 10, 2026). These are national figures; no cost guide has a Rockford price. Swifts are not trapped or removed, so those prices do not apply to them. All ranges are on the chimney cost page.
Sources: U.S. Fish and Wildlife Service, chimney swifts; Illinois DNR, chimney swift; University of Illinois Extension, nesting birds (Sept 17, 2026); Nicor Gas, safety precautions; Carbon Monoxide Alarm Detector Act, 430 ILCS 135/10; HomeGuide, animal and wildlife removal cost; Angi, chimney sweep cost; Angi, chimney cap cost; HomeGuide, chimney cap cost; U.S. Census Bureau, ACS 2020-2024 5-year, via Census Reporter
Quick answers
Is it illegal to remove chimney swifts?
Harassing, injuring or killing swifts, their eggs and nests is illegal under the Migratory Bird Treaty Act, according to the Fish and Wildlife Service. Wait until they have migrated before cleaning or capping the chimney.
When can I clean a chimney with swifts in it?
After they leave. The Fish and Wildlife Service says to clean between September or October and March or April for most of the U.S., and Illinois DNR says fall migration begins in September.
How do I know it is a swift and not another animal?
Ask whoever inspects the chimney to identify it before any work starts. Different animals fall under different rules, and Illinois Extension says most native birds and active nests are protected.
Can I put a cap on the chimney while birds are in it?
Not while birds are present, since capping can trap the birds or the young. Wait until fall, then add a mesh cap. Cap prices are on the cost page.
What if birds block my water heater flue?
Treat it as a carbon monoxide risk. If an alarm sounds, leave and call for help. Otherwise ask a sweep or wildlife professional how to handle the nest lawfully, and do not remove it yourself.
How much does bird or animal removal cost?
National cost guides price animal removal from a chimney from the low hundreds to about the low thousands of dollars, depending on the animal and the work. The cost page lists each range with its source.
Chimney due for a look?
Tell us what you burn, when the chimney was last swept and anything you have noticed. We reply with a price first.
