Ray and Shelly Romolt had been waiting for a new house to go up on the empty lot next door in their Lockport, Illinois, subdivision.
The lot had recently sold, mesh construction fencing was going up, and the couple had spent years looking forward to new neighbors, according to the News Tribune, which republished the Chicago Tribune/TNS report.
Then they spotted four speckled eggs resting on the ground.
The eggs belonged to killdeer, a ground-nesting shorebird that often uses open, human-altered spaces such as lawns, driveways, parking lots, gravel areas, fields, and construction-like patches of bare ground.
The Nest Was in the Construction Area
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The Romolts told the Tribune they first noticed adult killdeer activity in late May. A few days later, they found the eggs on the lot beside their home.
The nest held four gray, black, and tan speckled eggs, according to the report. Photos from the Chicago Tribune/TNS showed the eggs on the ground in the 55-plus Lago Vista subdivision.
Ray Romolt spoke with workers after a crew brought a small bulldozer to the property. The couple then began contacting the Illinois Department of Natural Resources and D.R. Horton, the homebuilder tied to the lot.
State Conservation Police Confirmed the Birds Were Protected
The Romolts said D.R. Horton’s team connected them with the local site supervisor and suggested they contact state wildlife officials before deciding what to do next.
Shelly Romolt reached a Will County conservation police officer, who confirmed that killdeer are federally protected, according to the News Tribune report.
Joshua Mooi, the northeast zone captain of Illinois Conservation Police, told the Tribune that residents are often surprised to learn federal protection covers common native birds, including robins and ducks, rather than only rare or endangered species.
The Builder Marked Off the Nest
Within a day of the exchange with conservation police, the Romolts said the site supervisor came to the lot and placed caution tape and cones around the nesting area. The couple said they were told the scheduled dig date would be delayed until the birds hatched.
The Tribune reported that attempts to reach D.R. Horton and the local site supervisor for comment were unsuccessful.
Active Nests Need Care Before Work Starts
The U.S. Fish and Wildlife Service says most bird nests are protected under the Migratory Bird Treaty Act. The agency says it is illegal to destroy a nest with eggs or chicks in it, or one still needed by young birds, unless a valid permit allows it.
FWS also says shorebird nests can be hard to see because they may look like small scrapes or shallow depressions in sandy, rocky, or bare ground.
Cornell’s All About Birds says killdeer usually lay four to six eggs, with an incubation period of 22 to 28 days. Audubon says both parents incubate the eggs.
Before clearing a lot, grading a driveway edge, mowing a rough patch, or moving equipment into an open area, a quick walk-through can prevent a legal and wildlife problem. If eggs or chicks are present, homeowners and builders should contact the proper wildlife agency before disturbing the area.