I vividly remember two consecutive Saturdays mornings at Madison's Downtown Farmers' Market when Sally and I found dead warblers at the base of the one the big new buildings on the Square. They had flown into the building's windows. Such lovely birds and what a sad end to such beauty and vitality.
A warbler died after colliding with a window in Madison. Photo by Corliss Karasov
Such deaths are happening all over Madison and the nation. Probably most folks who saw the dead birds on the Square or elsewhere assumed these were sad but inevitable losses. Madison Audubon’s executive direcotr, Matt Reetz, and communications and outreach director, Brenna Marsicek, and other bird loving activists thought differently. They devoted themselves to finding solutions.
This effort advanced on several fronts: documenting the extent of the bird deaths and injuries in Madison, researching solutions, and implementing those solutions locally. Matt and Brenna, the national researchers and activists, and local and national Audubon Board Members worked on these issues. In Madison, more importantly, Brenna recruited incredibly dedicated volunteers, the Bird Collision Corps, to find the spots where the deaths were occurring, collect the dead birds as documentation, and transport injured birds to care and rehabilitation.
Research showed cost-effective solutions existed. Window designs and treatments greatly reduce the number of bird collisions.
Locally, some building owners took those steps—UW Madison has a couple of good examples. A more comprehensive step was needed, a local ordinance to ensure that big new buildings were as bird safe as possible. Brenna's and Matt's determination to have a volunteer, grassroots base to bird saving paid off. Those folks persuaded Madison's City Council and Mayor to pass that ordinance. That legislation was another example of how Madison Audubon’s work blended local and national efforts. We received a lot of great legal advice and wording to create as sound an ordinance as possible.
In what I still marvel at as an awful step, a group of Madison developers enlisted a conservative legal entity to sue to stop the ordinance (I actually wonder who enlisted whom). The City defended the suit ably and again some of our bird-loving legal allies had helpful advice.
Two days ago, the judge ruled to protect our birds. The ordinance stands.
Based on what I've been able to read, the judge's decision is right. The challenge claimed that the Legislature had prevented cities from adding further requirements to building codes. The judge made the right distinction. Building codes are specific sets of ordinances setting requirements so that buildings are fundamentally safe for human use. Stuff to make sure, for example, that buildings don't collapse.. But other ordinances are not in building codes and focus on other issues such as design. The judge ruled, correctly in my opinion, that ordinances concerning the design of windows to protect birds are not in the building codes subject to the legislative preemption.
Dots added to windows can drastically reduce window collisions. Photo by Aaron Williams
The developers might appeal. Just my opinion but I think they should not. The judge got this right. Secondly, the developers said this would add too much expense to new buildings. You just have to drive around town, dodging dump trucks, cranes (the equipment, not the birds), and other construction gear to see that developers and builders are flourishing in Madison these days. The notion that using one of several affordable steps to make sure the windows don't kill birds will hamper the development and construction business is laughable. Developers should recognize they have a responsibility to take reasonable, affordable steps to protect our environment and that includes our birds. Finally, developers and builders might want to consider that this lawsuit made them look like, to speak bluntly, jerks.
I'll probably have one dispute with Madison Audubon about this blog. Matt and Brenna are exceedingly modest folks who might think this blog praises them too highly. I'll try to maintain their recognition. One purpose of this blog is to let you know what Madison Audubon does. In this case, you need to know how our staff protected our birds quickly, decisively, and effectively.
Written by Topf Wells, Madison Audubon advocacy committee chair
Cover photo by Monica Hall
