Senate vote next week — act now

Your Bird Feeder Could Become a Crime

Colorado HB26-1342 would make it a misdemeanor to put up a bird feeder. No intent required. No warning. No second chance. 1.7 million Colorado bird watchers need your voice. #SaveCOBirdFeeders

A Well-Intentioned Bill With Dangerous Consequences for Bird Feeding

HB26-1342 aims to reduce bear-human conflict, but its overly broad language captures responsible bird watchers alongside bad actors.

Three Ways This Bill Targets Bird Feeders

1. Zero Tolerance Fines. The bill eliminates the mandatory first-offense warning. Under current law, a wildlife officer must warn you before issuing a citation. HB26-1342 removes that protection entirely. A bear knocks down your feeder while you're at work? A wildlife officer can skip the warning and hand you a fine immediately — no conversation, no chance to fix the problem.

2. An Unattainable Standard. It is nearly impossible to "bear-proof" a bird feeder. Bears can reach feeders hung 8 feet high, tear down poles, and are attracted by scent alone — even to feeders they cannot physically access. Treating every bird feeder owner like a criminal for wanting to see chickadees and nuthatches in their backyard sets an impossible standard for ordinary Coloradans.

3. "Intent" Replaced with "Knowingly." Under the old law, prosecutors had to prove you intended to lure a bear. Under HB26-1342, simply placing bird seed where a bear could reasonably appear is enough for a criminal misdemeanor. Bird seed is one of the most commonly cited "negligent" bear attractants — this bill puts every bird feeder in the crosshairs.

Who is affected: This is not a partisan issue. Colorado's 1.7 million bird watchers are homeowners, seniors, families, school children learning about nature, veterans, educators, and retirees across every county and every political affiliation — all united by a love of backyard birds. This bill threatens a peaceful Colorado pastime that crosses every demographic line.

The Language Change in HB26-1342

Current Colorado Law (Before) It is unlawful for any person to place food or edible waste in the open with the intent of luring a wild bear...
HB26-1342 (After) A person that knowingly places food or edible waste... in circumstances where there is a reasonable probability of luring a wild bear... commits a misdemeanor.
Zero tolerance: If a bear is attracted to the scent of your bird feeder — even if the feeder is out of reach — you can be fined on the spot with no prior warning. The bill makes no distinction between unsecured trash and a clean bird feeder.

Why Bird Feeding Matters for Colorado

Peer-reviewed science and federal data show bird feeding is essential for public health, wildlife conservation, and Colorado's economy.

1.76M
Colorado Bird Watchers
USFWS National Survey 2022
$2.4B
Annual Economic Impact
Wildlife watching in Colorado
37%→69%
Winter Survival Increase
With supplemental bird feeding
Proven
Mental Health Benefits
Reduces clinical depression

The Science Behind Bird Feeding

Bird Watching Reduces Depression and Anxiety

A landmark study found that the abundance of afternoon birds in residential neighborhoods is significantly associated with lower rates of depression, anxiety, and stress — regardless of income, age, or urban density. Even brief daily exposure to birds improves psychological well-being.

Cox, D.T.C. et al. (2017). "Doses of Neighborhood Nature." BioScience, 67(2), 147-155. doi:10.1093/biosci/biw173

Supplemental Feeding Nearly Doubles Winter Survival

Research demonstrated that Black-capped Chickadees with access to supplemental feeding stations had winter survival rates of 69%, compared to just 37% for unfed populations — nearly doubling their chances during Colorado's harshest months and late-spring snowstorms.

Brittingham, M.C. & Temple, S.A. (1988). "Impacts of Supplemental Feeding on Survival Rates of Black-Capped Chickadees." Ecology, 69(3), 581-589. doi:10.2307/1941007

Bird Species Richness Linked to Life Satisfaction

European researchers found that a 10% increase in bird species richness in a person's surroundings raised their life satisfaction by an amount comparable to a similar increase in income. Biodiversity at bird feeders directly contributes to human well-being.

Methorst, J. et al. (2021). "The importance of species diversity for human well-being in Europe." Ecological Economics, 181, 106917. doi:10.1016/j.ecolecon.2020.106917

$2.4 Billion Wildlife Watching Economy in Colorado

The USFWS National Survey of Fishing, Hunting, and Wildlife-Associated Recreation documents 1.76 million people participating specifically in bird watching in Colorado, generating $2.4 billion in total economic output including equipment, travel, and accommodations.

U.S. Fish & Wildlife Service (2022). "National Survey of Fishing, Hunting, and Wildlife-Associated Recreation." census.gov/fhwar

Backyard Birds Support Citizen Science and Conservation

The Great Backyard Bird Count engages over 385,000 participants annually, generating critical population data used by ornithologists. Supplemental feeding stations serve as observation points that advance our understanding of species distribution, migration patterns, and population health.

Cornell Lab of Ornithology. "Great Backyard Bird Count." birdcount.org

Bird Feeding Supports Vulnerable Species in Extreme Weather

Colorado is a critical corridor for the Broad-tailed Hummingbird and Rufous Hummingbird. Supplemental feeding provides a vital safety net during late-spring snowstorms and natural food failures — events that are becoming more frequent with climate variability.

Wilcoxen, T.E. et al. (2015). "Effects of bird-feeding activities on the health of wild birds." Conservation Physiology, 3(1). doi:10.1093/conphys/cov058

One Simple Amendment to Protect Bird Feeding in Colorado

HB26-1342 already exempts agriculture and chicken coops. We are asking for the same consistency for bird feeders.

This section does not apply to the placement or maintenance of bird feeders.
Proposed addition to Section 33-6-131(2) of Colorado Revised Statutes
This keeps the law focused on negligent food waste and bad actors while protecting the rights of 1.7 million Coloradans to feed birds responsibly.

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