You’re driving down a Virginia road when a deer suddenly jumps in front of your car. After the collision, you might wonder if you can legally take the animal home. Understanding roadkill laws in Virginia can save you from legal trouble and help you know your rights when these unfortunate accidents happen.
In Virginia, any person can legally claim a deer, bear, turkey, or elk that was killed by a motor vehicle at any time of year, as long as they follow the proper reporting procedures. This rule changed in July 2024 when new roadkill legislation went into effect, making it easier for drivers and other people to salvage these animals. The law applies whether you hit the animal yourself or simply find it on the road.
Many Virginia drivers don’t know the specific steps they need to follow to claim roadkill legally. This guide will walk you through the process of reporting and claiming these animals, explain which species you can take, and outline the penalties you could face if you break the rules.
Is It Legal to Take Roadkill in Virginia?
Yes, it is legal to take roadkill in Virginia. Virginia law allows anyone to claim deer, bear, turkey, or elk that has been killed by a vehicle collision.
You can claim roadkill in two ways. If you hit the animal yourself with your vehicle, you have the right to keep it. You can also claim an animal if you simply find it on the road after someone else hit it.
Animals You Can Legally Claim:
- Deer
- Bear
- Turkey
- Elk
The law applies year-round, not just during hunting season. A new Virginia law that took effect in July 2024 made it easier for anyone to harvest roadkill at any time of year.
You must follow specific steps to legally claim roadkill. First, you need to immediately report the incident to a conservation police officer or other law enforcement officer in the county or city where you found the animal. An officer must view the animal to confirm it died from a vehicle collision.
If the officer agrees the animal was killed by a vehicle, they will award it to you. You will receive a call for service number or report number as proof.
If you don’t want the animal, the officer can give it to someone else who does. Before the recent law changes, unclaimed roadkill was handled by the Virginia Department of Transportation and placed in landfills.
How to Claim Roadkill in Virginia
Virginia’s roadkill collection law went into effect in July 2024, making it easier for you to claim animals killed in vehicle collisions. You can now collect deer, bear, turkey, or elk year-round, not just during hunting season.
You don’t need to be the person who hit the animal. If you spot roadkill on the side of the road, you can legally claim it as long as it appears to have been killed by a motor vehicle.
Here’s what you need to do:
- Contact the Department of Wildlife Resources to report the animal you want to claim
- Wait for a conservation police officer to confirm the details and approve your request
- Collect the animal once you receive approval
The officer will verify that the animal was hit by a vehicle and give you permission to take it. This process helps track wildlife deaths and prevents illegal hunting.
Check the condition of the meat carefully. Nobody from the state determines if the roadkill is safe to eat. That decision is entirely up to you. Look for fresh kills and avoid animals that have been sitting in warm weather for extended periods.
You should also follow basic food safety rules. Process the meat quickly and keep it cold. If the animal looks badly damaged or smells off, it’s best to leave it alone.
Before Virginia lawmakers passed this bill, unclaimed roadkill went to landfills through the Department of Transportation. The new law reduces waste while giving you access to free wild game meat.
What Animals Can You Salvage in Virginia
Virginia law is specific about which animals you can legally claim after a vehicle collision. You can only salvage four types of game animals: deer, bear, turkey, and elk.
These are the only species covered under Virginia’s roadkill salvage law. You cannot legally claim other animals like raccoons, opossums, or smaller game species.
The law applies to these animals regardless of the time of year. You don’t need to wait for hunting season to claim a roadkill deer or turkey. The animal is treated as if you had legally harvested it during the appropriate hunting season.
Animals You Can Claim:
- Deer
- Bear
- Turkey
- Elk
You must follow the proper reporting procedures for any of these four animals. The law requires you to contact a conservation police officer or local law enforcement immediately after finding the animal. An officer needs to view the carcass and confirm it died from a vehicle collision.
The officer will give you a call for service number or report number once they approve your claim. This documentation is important for proving you obtained the animal legally.
Under current Virginia law, any person can now claim these animals. You don’t have to be the driver who hit the animal. If you find a dead deer or other covered species on the road, you can report it and claim it for yourself.
Penalties for Illegal Roadkill Possession in Virginia
Breaking Virginia’s roadkill laws can result in criminal charges. Violating the current roadkill ownership law is classified as a Class 2 misdemeanor.
A Class 2 misdemeanor in Virginia carries specific penalties. You could face up to six months in jail if convicted. The court may also impose a fine of up to $1,000.
Common violations include:
- Taking roadkill without proper notification to authorities
- Claiming animals outside of permitted species
- Possessing roadkill during closed hunting seasons (under old regulations)
- Failing to follow required reporting procedures
You need to understand that these penalties apply when you take roadkill illegally. This means taking deer, bear, turkey, or elk without following the proper claiming process. Law enforcement officers and conservation officers have the authority to issue citations for these violations.
Your violation record becomes part of your criminal history. This can affect future hunting licenses and permits. It may also impact your ability to claim roadkill legally in the future.
The state takes wildlife management seriously. Officers patrol roads and investigate suspicious activity. If you claim roadkill improperly, someone could report you to the Department of Wildlife Resources.
Remember that regulations exist to prevent poaching disguised as roadkill collection. Officers look for signs that animals were illegally hunted rather than accidentally struck. Fresh kill sites, bullet wounds, or arrow marks indicate illegal activity that carries much harsher penalties than simple roadkill violations.
