Bald Eagles Live Where Developer Wants to Build 7,000 Homes
4/18/25 – Just upstream from the Humble/Kingwood Area, residents of Benders Landing Estates in Montgomery County frequently spot bald eagles flying overhead and resting in trees adjacent to 5,500 acres that Ryko is trying to develop for 7,000 homes.
Frequent Eagle Sightings Suggest Nearby Nests
Susan Gillespie Marrero of Benders Landing Estates, near the Ryko property, sent me video of two bald eagles landing in a tree outside her window.
Such sightings are reportedly common in that area. Marrero also sent me dozens of postings by neighbors on a community website. See example below.
Ryko’s property is one of the last areas in the north Houston region to be developed because of frequent flooding. Much of the area is covered by wetlands and swamps that make excellent habitat for wildlife. They also make excellent hunting grounds for the eagles. The Ryko property has likely become an eagle refuge.
Eagles No Longer Listed as Endangered, but Still Protected
Bald eagles, America’s official national symbol, were once listed as a threatened and endangered species, primarily due to habitat loss, hunting and pesticides.
But their numbers have recovered in recent years. In 1995, they were reclassified from endangered to threatened. And in 2007, they were removed entirely from the federal Endangered Species List.
However, they are still protected under other laws, such as the Bald and Golden Eagle Protection Act. And it is still illegal to harm or interfere with them or their nests without specific federal permission. Violation carries stiff fines and even jail time.
Building Near Eagles Adds Significant Time, Cost, Risk
Permit approvals can reportedly add months or even years to a construction project when eagles are involved. You must apply for an eagle permit if your project might:
- Disturb an active bald or golden eagle nest (especially during nesting season: usually late winter through summer)
- Destroy or remove a nest (even an inactive one)
- Cause repeated disturbances nearby (i.e., with heavy equipment)
- Significantly alter eagle habitat (like clearing mature trees used for nesting or roosting)
Even if you don’t directly destroy a nest, frequent loud noise or heavy vehicle movement near an active nest can cause developers trouble under the law.
Moreover, the U.S. Fish and Wildlife Service often requires seasonal restrictions, such as:
- No clearing, grading, or major disturbance within a certain distance of a nest during nesting season.
- Sometimes, developers are told to wait until after chicks fledge (late summer) before starting heavy work.
- Buffer zones are often required — for bald eagles, this can range from 660 feet to over 1/2 mile, depending on sight lines and level of disturbance.
How Developers Usually Handle It
If a development is near eagle habitat, developers usually hire a qualified wildlife biologist early to survey for nests.
Next, they avoid and minimize impacts first by making site plan changes. If that is not possible, they apply for a permit.
Permits can take 6-12 months, so that needs to be factored into project timelines.
Even with a permit, mitigation may be required, such as
- Planting new trees.
- Creating conservation easements.
- Donating to eagle habitat funds.
Bottom line: If eagles are nearby, developers must avoid nests. Reportedly, it’s much easier and cheaper than trying to work through the permit process.
This could be an issue for Ryko as it seeks to build 7,000 homes and a four-lane thoroughfare stretching to Spring Creek.
Posted by Bob Rehak on 4/18/25
2789 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
