If you had the power to save birds by making a small change, wouldn’t you? Five developer groups are suing the City of Madison over an ordinance creating environmentally-friendly requirements for large glass surfaces that are notoriously deadly for birds.
Birds face many threats, including habitat loss, pesticide poisoning, and climate change. This year has been especially tough.
The severe winter storm in the south this past February is suspected to have caused significant bird deaths in migratory bird populations.
A mysterious bird illness reported in the East Coast is continuing to spread into the Midwest, killing and sickening even more songbirds.
And, hundreds of millions―even up to a billion―birds die each year in the United States after colliding with windows.
In spite of these devastating difficulties, there is hope.
Birdwatchers in a big green prairie. Photo by Matt Reetz/Madison Audubon.
Last year, quarantines and stay at home orders caused people to look out their windows―to the birds. Once people could safely venture back outdoors, many of us headed into nature, where we were welcomed back by familiar sights and songs. And in August 2020, with overwhelming public support, the City of Madison passed the state’s first Bird-Safe Glass Ordinance, which advances smart, responsible development that benefits people and wildlife. This ordinance has the power to save tens of thousands of our beloved birds every year in Madison alone.
Those of us who had come to appreciate and admire the birds from inside our homes, yards, and balconies were thrilled about this new conservation measure, which went into effect in October 2020. Madison joined several communities around the country that have instituted bird-friendly design measures to reduce and avoid these deadly bird collisions.
A Blue-headed Vireo sits on a branch, holding an insect in its bill. Photo by Kelly Colgan Azar.
We all know that birds are essential to our everyday lives. They keep our ecosystems healthy so we can enjoy the benefits of nature. They keep insect populations in check―in our backyards, vineyards, orchards, and farms―protecting crops like potatoes, wheat, and coffee. They pollinate blooms and disperse seeds, maintaining critical plant species. Even their simple existence and beauty generates a multi-billion dollar birding and tourism industry―a huge economic value in Wisconsin.
“Residents of Madison are privileged to reside on the migration highway for birds in North America. With that privilege comes the responsibility to create and maintain an environment that protects and sustains the population of these migratory birds. This responsibility must be exercised now, and urgently, if our children’s children are to hear and see the natural beauty we enjoy so much. Shame on us if we let this opportunity slip by.”
Late last week, as we were all preparing for a fun, sunny summer weekend, the Wisconsin Institute for Law and Liberty (WILL) filed to sue the City of Madison over the bird-friendly measures required for new large building projects and glass features. This unusual lawsuit―the first ever to challenge an ordinance like this―seeks to abolish the Bird-Safe Glass Ordinance that encourages responsible development.
In a WORT FM interview with Jonah Chester on the subject, Assistant City Attorney John Strange said, “The city’s bird-safe glass ordinance does not set a construction standard. Builders can use exactly the same windows prescribed by the building code. It just requires treatment of those windows if the developer chooses to construct a façade with a certain percentage of windows. Because it regulates materials and not standards, we don’t think it’s preempted by the state’s building code.”
Unfortunately, this lawsuit could impact existing ordinances, stall ordinances in progress, or even end efforts to establish environmentally-friendly building measures around the state and beyond.
Remember―there is hope.
The Madison Audubon and other conservation groups are dedicated to doing whatever it takes to uphold this important ordinance. Right now, we need your help. Vocalize your support of the ordinance publicly and as often as possible. Advocate for responsible practices by talking to your families and friends about it. Sign our online petition to stand up for our wildlife, our community, and each other.
Written by Kaitlin Svabek, Madison Audubon Communications Specialist
Indigo Bunting photo by Kelly Colgan Azar
