No more jailbird threats over feeders in Michigan

Residents who set up bird feeders near their house are no longer at risk of being cited for a misdemeanor, due to a new law enacted earlier this year.

House Bill 4350 was introduced on April 22, 2025 by Rep. Ken Borton, R-Gaylord and signed into law by Gov. Gretchen Whitmer on July 21.

The new law says that residents may place bird feeders on their property as long as feeders are within 300 feet of a residence and no more than two gallons of feed is out at a time.

Borton welcomed the new law.

“Under the previous law, if you had a birdfeeder in your backyard, and a deer happened to come by, you would be committing a crime,” Borton said in a news release. “The new law ensures that Michigan families can continue these simple activities without fear of violating broad feeding restrictions, while still placing sensible limits on the amount and location of feed.”

Borton government praised the desire to enjoy bird watching.

“Feeding songbirds and other backyard wildlife is a basic way to foster an appreciation for our state’s natural beauty,” Borton said. “The state should never have been treating these activities as criminal acts. The baiting restrictions the (Natural Resources Commission) deems necessary can remain in place while ensuring that Michiganders can still feed wildlife without being harassed by authorities.”

Borton’s first attempt to change the law came more than a decade ago after he was ticketed by the Michigan Department of Natural Resources in 2010 over his bird feeder, which was described in a Mackinac Center blog post. Borton fought the ticket in court and won.

The Mackinac Center reported at the time that DNR said Borton did not do enough to keep deer away from his bird feeder.

Rep. Mark Meadows, D-East Lansing, introduced House Bill 6234 in 2010 to exempt bird feeding from the ban on baiting deer and elk. It never left the Committee on Tourism, Outdoor Recreation and Natural Resources. A similar measure, House Bill 4088 of 2021, did not survive Gov. Gretchen Whitmer’s veto pen. She cited concerns about feeding leading to bovine tuberculosis and other deadly diseases, according to the House Fiscal Agency.

The Michigan Department of Natural Resources, which opposed the 2021 legislation, did not take a position on the 2025 legislation, as it stated in a June 12, 2025, memorandum.

Prior to the new law taking effect, the Natural Resources Protection Act made residents liable to a misdemeanor charge punishable with a $50-to-$500 fine and jail time of up to 90 days.

It is unclear how many people the DNR ticketed under the old law. Michigan Capitol Confidential has filed a records request seeking the number of people fined for birdfeeders.

The DNR did not respond to a request for comment.