Middleton adopts and judge upholds Madison’s bird safe glass ordinances
Middleton, WI is the newest municipality in the country to adopt a bird-safe glass ordinance as of February 20, 2024. The ordinance, which matches the one implemented in Madison in 2020, requires buildings over 10,000 square feet to use bird-safe design or bird-safe glass.
This effort is in response to the increasingly disturbing number of birds that die as a result of hitting windows. Up to 1 billion birds die every year in the United States as a result of window collisions. Window collisions are a major source of bird mortality, killing up to 1 billion birds in the United States each year. Collisions happen on all types of buildings, from multistory commercial buildings to private residences. Tackling this issue calls for thinking big like the City of Middleton did with its ordinance, which requires new large construction and expansion projects to use bird-friendly strategies and materials.
“This is a really important conservation measure for our city to take up,” says Katy Nelson, Middleton alderperson who championed the legislation. “We live and work in an important flyway for birds, and support incredible natural areas like Pheasant Branch Conservancy. Responsible growth goes hand in hand with the need to protect natural resources.”
The Middleton ordinance matches the one passed in Madison in August 2020. Shortly after the Madison ordinance passed, it went through a series of legal challenges brought by a group of developers. American Bird Conservancy, Southern Wisconsin Bird Alliance (formerly Madison Audubon), and Wisconsin Society for Ornithology filed an amicus curiae brief in support of the ordinance. A Dane County judge upheld the ordinance in 2022, and in late 2023 a Wisconsin appellate court confirmed the decision to uphold the ordinance. The ordinance has been in effect throughout that time, resulting in new buildings in Madison incorporating bird-safe design and glass. Since the legal challenge over the ordinance is over, other municipalities like Middleton can adopt their own bird-friendly cities legislation.
Middleton has been considering the possibility, benefits, and potential drawbacks of a bird-safe glass ordinance since late 2019. With expertise and advocacy provided by staff and members of Southern Wisconsin Bird Alliance and American Bird Conservancy, Middleton city staff and elected officials were able to review the data, trends, costs, and benefits of such an ordinance.
“The new ordinance in Middleton and upheld ordinance in Madison are huge victories for these cities and importantly, for birds,” said Bryan Lenz, Glass Collisions Program Director at ABC. “Window collisions are a conservation crisis that is decimating bird populations. We should be doing everything in our power to ensure that we design buildings that minimize impacts on wildlife.”
Birds experience the world differently. They perceive vegetation, sky, and landscapes reflected in glass to be real and attempt to fly to open spaces and habitat they glimpse through glass. Deaths from window collisions are largely preventable through the use of bird-friendly design, a set of practices that minimize the use of glass or make glass more visible to birds. For example, use of subtly patterned glass, solar shading, and insect screens are scientifically shown to reduce collisions, as does avoiding design features like glass banisters that consistently cause collisions.
According to Matt Reetz, Executive Director of Southern Wisconsin Bird Alliance, “Birds matter, and we need to be thoughtful and invest in their protection. Birds contribute billions of dollars to our economy through outdoor recreation and provide free ecosystem services, like pest control. Plus, they bring joy and emotional health benefits to people everywhere. Birds are not a luxury, they’re an absolute necessity.”
Making new and existing buildings safer for birds is possible and can be cost neutral if bird-friendly design is considered from the outset of a project. For simple guidance, including a model ordinance and top-rated resources, check out ABC’s Legislative Toolkit.
Anyone can also help by making their windows at home bird-friendly. Learn how by visiting ABC’s home-friendly solutions.
Cover photo by Steve Kersting FCC
