New Jersey Bird Feeding Laws: Feeder Height Rules, Bear Restrictions, and Fines Explained

Hang a bird feeder less than six feet off the ground in certain New Jersey towns, and you could be handed a fine before you ever fill it with seed. That is not a hypothetical. Several municipalities have already passed ordinances regulating feeder height, placement, and even how many feeders a single property can have, and state lawmakers have debated adding statewide rules tied to New Jersey’s black bear management program.

Feeding wild birds laws in New Jersey are not a single, uniform statute you can look up once and forget. They are a layered mix of state wildlife statutes, proposed legislation still moving through Trenton, and a growing patchwork of local ordinances that vary from one town line to the next. This guide breaks down what is actually legal, what is proposed, and where the real penalties come from so you can keep your feeders up without a visit from animal control.

Is It Legal to Feed Wild Birds in New Jersey

For most backyard birdwatchers, the short answer is yes. New Jersey does not have a statewide law banning the feeding of songbirds or other backyard birds, and the state Department of Environmental Protection has never issued a blanket prohibition on feeders. One legal overview notes that the New Jersey Department of Environmental Protection does not prohibit the use of bird feeders statewide, and that the state has generally kept a permissive stance compared to jurisdictions that have restricted feeding due to disease outbreaks or wildlife conflicts.

That permissive baseline is exactly why local ordinances matter so much. Some municipalities go out of their way to protect feeding rights. North Plainfield’s borough code, for example, includes a section titled “Feeding of Other Songbirds and Backyard Birds Permitted”, which spells out the conditions under which residents can keep feeding common backyard species even while the same ordinance bans feeding wildlife and waterfowl more broadly.

At the same time, state legislators have spent the past two years debating changes that would touch nearly every backyard feeder in New Jersey. Assembly Bill A360, paired with Senate Bill S765, would amend the state’s existing black bear feeding law to close what advocates call a loophole for “unintentional feeding” through bird feeders, pet food, and unsecured garbage, according to the bill text tracked by LegiScan. As of this writing the measure has moved through committee but has not been enacted statewide, so current enforcement still runs primarily through local ordinances and the existing bear-feeding statute covered later in this guide.

Pro Tip: Before installing a new feeder, call your municipal clerk’s office or check your town’s code on eCode360. Ordinance details on height, feeder count, and waterfowl feeding differ significantly even between neighboring towns.

For readers dealing with wildlife conflicts beyond birds, New Jersey’s broader nuisance wildlife laws cover related issues like raccoons and groundhogs drawn in by spilled seed, which is worth reviewing if feeders have already attracted unwanted visitors.

Bird Feeder Placement and Height Rules in New Jersey

Where a feeder sits and how high it hangs has become one of the most contested details in New Jersey’s feeding debate. The Village of Ridgewood in Bergen County passed one of the state’s most detailed local ordinances on this exact point. Under Ridgewood’s rules, an exception exists for bird feeders, but the feeding structure must be six feet from the ground and must catch seeds or food from falling on the ground, and a property can have only three or fewer feeders.

Ridgewood’s ordinance was not written in isolation. According to PIX11’s coverage of the rule, town officials adopted the regulation partly out of concern over rising deer, bear, and raccoon activity linked to spilled birdseed. The Ridgewood law does not stop at private yards, either; the ordinance applies to both private and public lands, meaning a feeder hung in a shared courtyard or common area falls under the same six-foot rule as one in a private backyard.

The proposed statewide bill takes a noticeably different approach to height and timing. Rather than a flat rule, A360/S765 would apply seasonal restrictions tied to bear activity. Reporting from the New Jersey Monitor describes how New Jerseyans who want to keep bird feeders out between April 1 and November 30 would have to suspend them at least 10 feet above the ground, empty them and bring them indoors every night, and keep the area below them free from food and debris.

Because the state and local rules do not match, it helps to see them side by side.

Rule Source	Minimum Height	Feeder Limit	Timing
Ridgewood municipal ordinance	6 feet	3 feeders per property	Year-round
Proposed statewide bill (A360/S765)	10 feet	No stated cap	April 1 to November 30 only, with nightly removal
North Plainfield borough code	Not specified by height	No stated cap	Songbird feeding permitted if it does not create nuisance conditions

Until the state bill is resolved, feeder height and placement remain governed town by town. Residents who also keep other backyard animals, such as those covered under New Jersey’s backyard chicken laws, should expect a similar pattern of local variation rather than one uniform statewide standard.

Feeding Waterfowl: Ducks, Geese, and Special Restrictions in New Jersey

Waterfowl feeding is treated far more strictly than songbird feeding almost everywhere in New Jersey, and in many towns it is banned outright regardless of intent. The Township of Wayne’s municipal code states plainly that it shall be unlawful for any person to feed or permit the feeding of any waterfowl within the Township, with waterfowl defined broadly to include swans, geese, brants, river and sea ducks, sea gulls and any other waterfowl falling under the jurisdiction of the State of New Jersey Department of Environmental Protection.

Holland Township in Hunterdon County has a nearly identical prohibition, stating that no person or persons shall feed, cause to be fed or provide for food migratory waterfowl in this Township, on lands either publicly or privately owned. That said, Holland’s code carves out a specific exception: the rule shall not be construed to apply to any migratory waterfowl which are domesticated and are fed by the owner of such domesticated waterfowl, so backyard duck or goose owners raising domesticated birds are not swept up in the ban.

North Plainfield’s ordinance follows the same structure, prohibiting anyone from feeding waterfowl purposely or knowingly…in the Borough on lands either publicly or privately owned, while still allowing farm animal feeding and licensed hunting activity to continue under separate exemptions. Beyond municipal codes, state statute also addresses waterfowl feeding when it intersects with hunting. Under N.J.S.A. 23:4-15, New Jersey’s baiting statute makes it illegal to deposit grain near a gunning point to lure waterfowl for hunting purposes, with a penalty of fifty dollars for each offense.

Important Note: Waterfowl bans typically target ducks, geese, and swans specifically, not songbirds at a backyard feeder. If your town’s ordinance defines “waterfowl” separately from general “wild birds,” as most do, your seed and suet feeders are likely unaffected even in towns with strict duck and goose feeding bans.

Hunters navigating these rules alongside New Jersey’s broader hunting regulations should also note that federal migratory bird protections layer on top of state and municipal waterfowl rules, adding another compliance level for anyone who both feeds and hunts waterfowl in the same season.

Bear-Attractant Laws That Affect Bird Feeders in New Jersey

New Jersey has had a black bear feeding law on the books since 2002, and it directly shapes how the state treats bird feeders in bear country. The state Department of Environmental Protection has been explicit on this point: it’s illegal to feed bears in New Jersey, and under the law, people caught feeding bears receive a written warning for the first violation, but face a $1,000 fine for every subsequent offense, according to a DEP news release on bear-attractant management.

Bird feeders sit at the center of this issue because they are one of the most common unintentional attractants. The same DEP release notes that ransacked garbage cans and bird feeders account for the vast majority of bear complaints reported to the DEP’s Division of Fish and Wildlife, and the agency’s standard advice includes bringing in bird feeders, especially during summer, alongside securing garbage and pet food.

The catch is that the original 2002 law exempted “unintentional” feeding, which critics say let overflowing feeders and unsecured garbage slide without consequence. Assembly Bill A360 was written specifically to close that gap. The bill text explains that it deletes the exemption for, and the definition of, “unintentional feeding,” and replaces it with a specific list of activities or actions that are not considered to be the feeding of black bear, including a narrow bird feeder exemption that only applies if strict height and seasonal conditions are met.

Under that proposed exemption, if a bear gains access to the bird feeder, the condition allowing access shall be corrected or the bird feeder removed within 48 hours. Violations would carry real financial consequences. Coverage from Shore News Network reports that violators could face fines ranging from $100 to $1,000 under the revised bear-feeding statute.

Context matters here too. New Jersey’s black bear population has grown substantially in the counties where this debate is most active. The Department of Environmental Protection estimated the bear population in Morris, Passaic, Sussex and Warren counties, where the population is centered, has risen to 3,000 this year, from about 1,500 in 2018, based on reporting tied to the bill’s advancement through committee. That population growth is the primary driver behind the push for stricter feeder rules, and it is also why anyone dealing with a nuisance bear situation should review New Jersey’s wildlife removal laws before attempting to handle an animal encounter alone.

Important Note: A360 and S765 have not been signed into law statewide as of this writing. A scheduled Assembly vote was postponed in late 2024, and coverage of the bill’s status has continued to shift, so residents should confirm current status with the New Jersey Legislature before assuming the seasonal feeder rules are already in effect statewide.

HOA and Municipal Bird Feeding Restrictions in New Jersey

Outside of the bear-driven debate, ordinary municipal health and nuisance concerns have pushed dozens of New Jersey towns to write their own feeding rules independent of any statewide bear legislation. Ridgewood’s council cited a mix of public health worries when adopting its ordinance, with officials noting that the regulations were adopted due to concerns over increased exposure for humans and pets to rabies, bird flu, and Lyme disease, with the deer population a major reason for the legislation, along with bears and raccoons.

Morris Township took a broader nuisance-based approach rather than a feeder-specific one. Its ordinance requires residents to take remedial action to avoid contact or conflict with wild animals, which may include the securing or removal of outdoor trash, cooking grills, pet food, bird feeders or any other similar food source or attractant, after being advised by the Township to undertake such remedial action. In practice, that means a feeder is not automatically illegal in Morris Township, but it can become a legal problem the moment the town flags it as contributing to a wildlife conflict.

Because these rules are set locally, HOA covenants can add yet another layer on top of municipal code. A legal answer addressing a Denville, New Jersey resident’s feeding question summed up the general framework well: feeding wild animals like birds, squirrels, and deer on private property is generally allowed but may be restricted by local ordinances or homeowners’ association rules, so it’s important to check municipal codes or any neighborhood regulations that could limit feeding certain wildlife.

• Check your municipal code first. Search your town name plus “eCode360” or contact the clerk’s office directly.
• Review HOA governing documents separately. Many associations restrict feeders through architectural or nuisance clauses that have nothing to do with town ordinances.
• Ask about enforcement triggers. Some towns, like Morris Township, only act after a documented wildlife complaint rather than banning feeders outright.

Residents balancing multiple backyard hobbies should note that overlapping local rules are common across New Jersey’s animal ordinances generally, from beekeeping laws to rooster ownership rules, so a single call to the municipal clerk can often clear up several questions at once. Disputes with neighbors over attractants that cross property lines can also intersect with issues covered under New Jersey’s property nuisance laws.

Feeding Birds on Public Land or Parks in New Jersey

Public land introduces its own set of restrictions, and several towns have written rules that apply specifically to parks and municipally owned property. Eatontown’s ordinance is direct on this point, prohibiting anyone from feeding any wild animal, birds, or waterfowl in the Borough of Eatontown, on lands either publicly or privately owned, while carving out an exception for confined wildlife, for example, wildlife confined in stables, parks, or rehabilitation centers, meaning managed animal exhibits are treated differently than free-roaming park wildlife.

Ridgewood’s rule extends the same logic to shared spaces. Because the ordinance applies to both private and public lands, a homeowner cannot avoid the six-foot height rule simply by feeding birds in a town park or open space area instead of a backyard. This matters most in towns with popular duck ponds or park lakes, where well-meaning visitors historically tossed bread to waterfowl. Given how many municipalities specifically ban waterfowl feeding on public land, that once-common activity is now a fineable offense in a growing number of New Jersey communities.

Pro Tip: If you regularly visit a local park or lake and want to feed birds, look for posted signage first. Many parks post feeding restrictions directly at entrances or near water features, which is often faster than searching municipal code.

Wildlife encountered in parks that appears sick, injured, or unusually bold around people should be reported rather than fed, since New Jersey’s roadkill and injured wildlife laws outline the proper reporting channels for animals in distress on public property.

Penalties for Violating Wildlife Feeding Laws in New Jersey

Penalties for feeding violations in New Jersey vary widely depending on whether the violation falls under municipal code, state waterfowl statute, or the bear-feeding law. North Plainfield’s ordinance sets a floor and lets the borough’s general penalty structure determine the ceiling, stating that violators are subject to a minimum fine of $50 up to a fine not to exceed the maximum penalty stated in subsection 26-2.9 of the Borough Code.

State-level waterfowl baiting violations tied to hunting carry a smaller, fixed penalty. Under N.J.S.A. 23:4-15, each violation of the baiting prohibition triggers a penalty of fifty dollars for each offense, a figure that has remained unchanged in the statute for decades.

Bear-related violations carry the steepest consequences by far. As covered earlier, first-time bear feeding violations result in a written warning, but people caught feeding bears…face a $1,000 fine for every subsequent offense. The pending A360/S765 legislation would formalize a similar penalty structure specifically for feeder-related bear attractants, with the bill’s civil enforcement provision allowing the department to institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation in addition to any fine.

Violation Type	Penalty	Governing Authority
Local ordinance violation (e.g., North Plainfield)	$50 minimum, up to local borough code maximum	Municipal code
Waterfowl baiting for hunting purposes	$50 per offense	N.J.S.A. 23:4-15
First bear-feeding violation	Written warning	State bear-feeding law (since 2002)
Subsequent bear-feeding violation	$1,000 per offense	State bear-feeding law
Proposed feeder-related bear attractant violation (A360/S765)	$100 to $1,000, plus possible injunctive relief	Pending state legislation

Because enforcement authority is split between municipal code enforcement officers and the state Division of Fish and Wildlife, the agency that actually issues a citation depends entirely on what triggered the complaint. A neighbor dispute over feeder height is a municipal matter, while a bear repeatedly accessing a feeder is far more likely to draw state involvement. Anyone facing a nuisance complaint that escalates toward animal cruelty allegations should also be aware of how these feeding rules interact with New Jersey’s animal cruelty statutes, since neglecting an attractant after repeated warnings can sometimes trigger broader legal review.

New Jersey’s feeding rules will likely keep evolving as the black bear population grows and more towns follow Ridgewood’s lead. Checking your specific municipal code, staying under any HOA-imposed limits, and keeping feeders clean and bear-secure remain the most reliable ways to keep backyard birdwatching both enjoyable and compliant.