Bats in Your Attic in New York: When They Can Legally Be Removed (and How Exclusion Works)
Finding out you have bats in the attic is unsettling, but it's a common situation in Western New York, and it has a clear, well-tested fix. This guide explains how to tell if bats are living in your home, what New York's rules mean for timing, and how a professional exclusion works from start to finish.
How do I know if I have bats in my attic?
Bats are quiet, tidy neighbors in many ways, so the signs can be easy to miss. The most common ones are:
- Guano. Bat droppings look like mouse droppings but crumble into a shiny, glittery powder when crushed, because they're made of insect parts. You'll often find small piles under the spot where bats roost or below an entry point outside.
- Staining. Dark, greasy smudges around gaps in siding, soffits, chimney flashing or roof vents. These come from the oils on bats' fur as they squeeze in and out.
- Sounds at dusk and dawn. Light scratching, rustling or high-pitched chirping in walls or the attic, especially right around sunset when bats head out to feed.
- Bats leaving at sunset. The most reliable test is to stand outside about 30 minutes after sunset and watch the roofline. The NYS Department of Health suggests watching at dusk or before dawn to see where bats come and go.
- A musty, ammonia-like smell in the attic from built-up guano and urine.
Bats can fit through gaps about the width of your thumb, so you don't need an obvious hole for them to get in.
Is it illegal to kill bats in New York?
Bats are protected wildlife in New York, and several species found here are listed as threatened or endangered at the state or federal level. The NYSDEC tells homeowners to contact a DEC Wildlife Office or a licensed Nuisance Wildlife Control Operator when dealing with bats, because some species are protected and need an expert to identify them.
In practice, that means killing, poisoning or trapping bats in a home isn't the answer. The NYS Department of Health also notes that killing or poisoning bats is seldom a necessary or desirable solution. The legal, humane approach is exclusion: letting bats leave on their own and making sure they can't get back in.
Why can't bats be removed in the summer?
Most bats in New York attics are female colonies raising their young. Pups are born in early summer and can't fly for several weeks. If someone seals the house or installs one-way devices during that time, the mothers can leave but the pups are trapped inside. They die in the walls, and hungry pups often wander into living spaces looking for a way out.
That's why the NYS Department of Health advises against bat-proofing between late May and mid-August, so baby bats aren't trapped in the roost. Many local guidelines use August 15 as the date after which young bats can fly; for example, the City of Rochester's wildlife bulletin says to exclude only after August 15, when young bats can fly.
If you discover bats in July, the best thing to do is usually nothing drastic. Keep them out of your living space, schedule an inspection, and plan the exclusion for the first safe window.
When is bat exclusion season in Western New York?
Timing depends on weather and the colony, so your technician will confirm the exact date after an inspection. As a general guide:
| Time of year | What bats are doing | Exclusion? |
|---|---|---|
| Mid-April to late May | Returning from hibernation, before pups are born | Yes, spring window |
| Late May to mid-August | Maternity season, flightless pups in the roost | No, wait |
| Mid-August to October | Pups flying, colony still active | Yes, preferred window |
| November to March | Most bats hibernating elsewhere; some big brown bats overwinter in buildings | Sealing and repairs, after inspection |
Late summer and early fall is often the best choice. Every bat in the colony can fly, so the one-way devices work for everyone, and there's still time to seal up before winter.
How does professional bat exclusion work?
A humane exclusion follows the same basic steps every time:
- Inspection. We check the roofline, soffits, chimney, vents and attic to find where bats are entering, how many there are, and every other gap they might use.
- Timing check. We confirm you're outside the maternity season, and that the weather is warm enough for bats to be flying out at night.
- Seal the secondary gaps. Small openings that aren't active entry points are sealed first, so the bats are funneled toward their main exits.
- Install one-way devices. Tubes or netting go over the active entry points. Bats can crawl out at night to feed but can't find their way back in.
- Wait and monitor. The devices typically stay up for about a week, sometimes longer in cool weather, until we're confident every bat has left.
- Final seal. We remove the devices and permanently close those last openings with durable materials suited to your home.
- Clean-up recommendations. If there's a significant guano buildup, we'll explain your options for cleaning and sanitizing the attic.
What should I do if a bat gets into my living space?
Stay calm and keep people and pets away from the bat. Don't touch it with bare hands.
If there's any chance someone was bitten or had contact, or a bat was found in a room with a sleeping person, a young child or a pet, the NYS Department of Health recommends contacting your local health department about a possible exposure. They may want the bat captured safely and tested for rabies, so don't release it until you've talked with them.
If you're sure no one had contact, close interior doors, open a window or exterior door in that room, and give the bat a chance to fly out on its own.
A bat in the living space often means there's a roost nearby, so it's worth scheduling an inspection afterward.
Should I put up a bat box?
Bat boxes can be a nice addition after an exclusion. Bats eat large numbers of night-flying insects, and a box gives a displaced colony somewhere else to go. A box works best mounted high on a pole or building, in a sunny spot, before the colony is excluded. It won't draw bats into your home, and it won't replace sealing the house.
How much does bat exclusion cost, and is it warrantied?
Every home is different, so we give a quote after a free inspection rather than a flat price. The main factors are:
- How many entry points and gaps need to be sealed
- The height and pitch of the roof, and how easy it is to reach the work area
- The size of the colony
- The materials needed for your siding, trim or chimney
- Whether attic clean-up is needed
Sealed entry points are covered by a written warranty. Warranty length and terms vary by service, and we'll go over exactly what's covered before any work begins.
Bat removal FAQs
Can I just seal up the holes myself while the bats are out?
It's not a good idea. Bats don't all leave at the same time, and some stay in during cool or rainy nights. Sealing without one-way devices can trap bats inside, and doing it in summer can trap pups.
When can bats be removed in NY?
The NYS Department of Health advises against excluding bats from late May through mid-August, while pups can't fly. Spring, before late May, and late summer through fall, after mid-August, are the usual windows.
Is it illegal to kill bats in my house in New York?
Bats are protected wildlife in New York, and some species are endangered. The NYSDEC directs homeowners to a DEC Wildlife Office or a licensed wildlife control operator. Humane exclusion is the right approach.
Will the bats come back after exclusion?
Bats may try to return to a familiar roost, which is why the final seal and a careful check of every gap matter. Sealed entry points are covered by our warranty. Warranty length and terms vary by service, and we'll go over exactly what's covered before any work begins.
What should I do if I wake up and find a bat in my bedroom?
Don't release the bat. Call your local health department, since this can count as a possible exposure, and they'll tell you whether the bat should be tested for rabies.
How fast can you come out?
We usually schedule bat inspections within 1–3 days. If it's maternity season, we'll inspect, help you keep bats out of the living space, and book the exclusion for the first safe date.
Book a free bat inspection in Western New York
Gernatt Pest Solutions handles bats the humane, legal way, with exclusion only. Our work is led by a technician holding dual NYSDEC 7A and 7F certification, inspections are free, and we usually schedule within 1–3 days.
We serve homeowners across Erie, Niagara, Cattaraugus, Chautauqua, Allegany, Wyoming, Genesee and Orleans counties.
Call (716) 605-5676 or email info@gernattpestsolutions.com to book your free inspection.