Date: 5/1/26 11:51 am From: Sheridan Brown (Birds) <birds...> Subject: [NHBirds] Legal Action to Protect Goss Farm (Rye, NH) Barn Swallow Colony
*** Posted with Moderator's Permission ***
If: (1) you regularly bird Goss Farm in Rye, NH, and (2) enjoy observing the large barn swallow colony there, please read on. I would appreciate your help.
The Rye Conservation Commission has decided to close the Goss Farm barn to the large colony of barn swallows that has nested there for years. The stated reason is the prevention of a health risk from accumulation of bird waste. However, bird and health experts who have weighed in on the matter agree that there are better solutions that would allow humans and barn swallows to coexist (as they do on many farms). The eviction of the barn swallows is unnecessary, and will result in a net loss of birds by disturbing this highly productive colony.
Over two hundred Rye residents have petitioned the Board of Selectmen to hold a special town meeting for the purpose of considering an ordinance to protect the colony. However, the colony will already have had its nesting season disrupted by the time the meeting happens. The RCC and Rye BOS have stifled public debate on the action thus far, and they have refused to reverse course.
As a last resort, several individuals plan to file an action in Superior Court (on Monday) to compel the RCC to keep the barn open to the swallow colony. That action rests upon the argument that the RCC only possesses statutory authority to manage and control property for the protection of natural resources, while their decision regarding the swallows is one that contributes to the destruction of natural resources. It is uncharted legal territory, but worth a shot to this birder and the Rye residents who have been fighting the RCC's decision (which is why I offered to take this on pro bono).
For purposes of legal standing to file suit, it is helpful to have at least one birder who meets the criteria above as a plaintiff. There is no cost to you to participate in this capacity.
If you might be interested in joining the suit, please reach out to me via email or at the phone number below ASAP. Thank you!
