FALLSBURG — A local farmer is raising concerns over what he believes may be the loss of a bald eagle nest on a Church Road property tied to a proposed manufactured home park development, but state officials say they found no recent evidence of an eagle nest or that trees had been intentionally felled.

Brett Budde, owner of Majestic Farms in Fallsburg, said he has watched bald eagles frequent the area for years and believes the birds have stopped returning after what he suspects was a disturbance to a nest on the property.

“The eagles used to come and visit this property for the last five years,” Budde said. “I have only seen an adult male once this year. They used to come to my house every morning and wake us up.”

The property is connected to the proposed Infinity Hills Estates Manufactured Home Park on Church Road in Mountaindale, a project that has drawn opposition due to nearby wetlands, streams, wildlife habitat and the scale of the development.

The Democrat could not independently verify whether an eagle nest currently exists on the property, whether a nest was removed, or whether any tree was intentionally cut down.

However, documents submitted as part of opposition to the project point to earlier environmental materials that identified a bald eagle and nest on the parcel.

According to an April 29, 2022 Endangered Species Habitat Suitability Assessment Report prepared by Gilbert VanGuilder Land Surveyor, PLLC, the Church Road parcel is approximately 106.3 acres and was described at the time as vacant forested land with a utility power right-of-way running through the northwestern part of the parcel. The report stated that while conducting a habitat assessment on April 25, 2022, a bald eagle and associated nest were observed on the property.

A formal opposition letter submitted to the Fallsburg Planning Board by Budde on April 15, 2026 also cites that report and states that a prior site plan for the same parcel identified a “Bald Eagle Nest Location” and a “600 Foot Bald Eagle Buffer Zone.” The letter argues that the current application should not move forward until the applicant certifies the current status of the nest, provides a current eagle survey and shows whether a federal eagle take permit is required or has been obtained.

The opposition letter also raises concerns about the proposed 159-unit manufactured home park, including potential wetland and waterway impacts, traffic, water and sewer capacity, stormwater management and whether a full environmental impact statement should be required under the State Environmental Quality Review Act.

The New York State Department of Environmental Conservation (DEC) said its wildlife staff and Environmental Conservation Police Officers visited the site in March and April 2026 after receiving reports of an eagle nest.

“Wildlife staff and ECOs did not see any evidence of an eagle nest in the vicinity or that trees had been intentionally felled,” a DEC spokesperson said in a statement to the Democrat. 

The U.S. Fish and Wildlife Service, which enforces federal protections for bald and golden eagles, declined to say whether it was investigating the matter.

“The U.S. Fish and Wildlife Service does not discuss any pending investigation or whether or not an investigation is under way,” the agency said in response to questions from the Democrat.

Federal law protects bald and golden eagles and their nests under the Bald and Golden Eagle Protection Act. Under that law, eagle nests are protected year-round, not only during nesting season, and nests cannot be removed, destroyed, moved, tampered with or obstructed without a permit from the U.S. Fish and Wildlife Service. A first violation can carry significant penalties, including fines and possible imprisonment.

Budde said he reported his concerns to DEC and U.S. Fish and Wildlife and was frustrated by what he described as a lack of action from the Town of Fallsburg.

“I am really upset about this bald eagle,” Budde said. “It’s not something that should happen. Bald eagles are preserved by the United States government, and we have spent a small fortune preserving the bald eagle.”

Budde said he believes the matter deserves attention from local environmental groups and state and federal officials.

Fallsburg Town Supervisor Nathan Steingart said the town was made aware of the concerns and contacted its building department, but said the matter falls under DEC jurisdiction.

Steingart said Budde sent him photos from the property. His initial impression, he said, was that the photos appeared to show shallow-rooted trees that had fallen over. After Budde sent additional photos, Steingart said some roots appeared to have been cut.

He added that if a tree had fallen, it was possible that roots were later cut so the area could be accessed or passed through. But he said that he could not confirm what happened.

Steingart said he was told DEC had been contacted and that the town’s building department had also been in communication with DEC. He said he also heard that a representative for the developer had a letter from DEC stating the agency inspected the site and found no evidence of a nest, though Steingart said he had not personally seen the letter.

“The town has no ability to do anything because there’s no proof,” Steingart said. 

Steingart said even if the town had proof that an eagle nest had been disturbed, the proper course of action would still be to contact DEC or the appropriate federal agency.

“The town doesn’t have authority on prosecuting them or anything like that,” Steingart said. “That has to go to DEC.”

The opposition letter says that the current application does not show the same eagle buffer zone that appeared on a prior site plan and says that the discrepancy should be explained before the application advances. It also asks the Planning Board to require the applicant to demonstrate compliance with U.S. Fish and Wildlife guidelines, including documentation of consultation with the agency regarding potential eagle impacts.

The Democrat reached out to the property owners and representatives associated with the project but did not receive a response before presstime.

It remains unclear whether the nest documented in 2022 was still present this year, what caused the trees in question to fall or be cut, and whether the matter will prompt any further state or federal review.

Budde said he believes the absence of the eagle is enough to raise concern.

“I think that if this bothers you, you need to call local environmental groups, call our legislators, call anybody at the state or federal level you can think of so that we can get some attention to this matter,” Budde said.

Steingart said he understands the concern but said again that the town’s role is limited.

“I love wildlife. I love our environment,” Steingart said. “But this is a DEC matter, not a town matter.”