Is It Legal to Own a Pet Squirrel in New York? What the Law Actually Says
June 5, 2026
If you’ve ever watched a gray squirrel dart across a New York City park or raid a bird feeder upstate, you may have wondered whether one of these quick, curious animals could make a good pet. The idea is more common than you might think — but in New York, the legal reality is firmly in one direction.
Squirrel ownership in New York is prohibited under state law, and the consequences of getting it wrong go well beyond a simple fine. This guide walks you through exactly what the law says, which species are affected, and what your options are if you’re genuinely passionate about these animals.
Is It Legal to Own a Squirrel in New York
The short answer is no. It is illegal to keep squirrels as pets in New York. This prohibition is rooted in the state’s Environmental Conservation Law, which is enforced by the New York State Department of Environmental Conservation (DEC).
Under current New York State guidelines, “possession of wildlife is prohibited in New York State except under license from DEC.” Because squirrels are classified as wildlife — not domesticated animals — they fall squarely under this rule.
No person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York State, except that any person who possessed a wild animal for use as a pet at the time that this section went into effect may retain possession of such animal for the remainder of its life. This grandfathering clause is narrow and applies only to animals already in someone’s possession before the law took effect.
The case of Peanut the squirrel brought this law into sharp national focus. Peanut, a squirrel who went viral on Instagram, was taken along with a raccoon called Fred from Mark Longo’s residence, and both animals were euthanized. The New York State DEC stated that Peanut was euthanized to test for rabies after the squirrel bit someone involved in the investigation. The incident highlighted just how seriously the state enforces these rules, even for well-cared-for animals with large public followings.
Important Note: The DEC actively enforces wildlife possession laws. Environmental Conservation Officers have the authority to execute search warrants and seize animals found to be illegally possessed. Do not assume that keeping a squirrel quietly will go unnoticed.
Which Squirrel Species Are Legal in New York
Understanding which squirrels are affected requires looking at how New York law categorizes different species. The rules are not uniform across all squirrel types, and the distinction between native and non-native species matters significantly.
The grey and fox squirrels are native rodents that are regulated under game laws, but non-native squirrels such as the Prevost’s squirrel, Guayaquil squirrel, and Siberian chipmunk can be possessed. This means that if you are specifically interested in a squirrel-type animal as a pet, a non-native exotic species sourced through legal channels may be an avenue worth exploring — though you should still verify current DEC rules before proceeding.
For native species, the picture is clear. In New York State, nearly all species of wildlife are protected. Gray squirrels, fox squirrels, and red squirrels are all native to the state and are treated as protected wildlife. You can learn more about the types of squirrels found in New York to better understand which species you might encounter.
Flying squirrels occupy a complicated gray zone. Flying squirrels are looked upon by the NY State Department of Environmental Conservation as any other squirrel or wildlife: it is illegal to possess them and requires a rehabilitator’s license to treat them in any way. Species that are unprotected in New York include woodchucks, porcupines, eastern chipmunks, red squirrels, flying squirrels, moles, voles, and shrews. “Unprotected” in this context refers to nuisance-control status, not a blanket permission to keep them as pets — so the DEC’s position on private possession still applies. You can explore flying squirrel biology and behavior for more background on these animals.
Key Insight: “Unprotected” under New York wildlife law does not mean “legal to keep as a pet.” It refers to the animal’s status under game and hunting regulations, not private ownership rights.
The following table summarizes how different squirrel species are treated under New York law:
| Species | Native to NY | Legal as Pet | Notes |
|---|---|---|---|
| Eastern Gray Squirrel | Yes | No | Protected game species; possession prohibited |
| Fox Squirrel | Yes | No | Protected game species; possession prohibited |
| Red Squirrel | Yes | No | Listed as unprotected but DEC prohibits as pet |
| Northern Flying Squirrel | Yes | No | DEC treats same as other native wildlife |
| Eastern Chipmunk | Yes | No | Listed as unprotected; private possession not permitted |
| Prevost’s Squirrel | No | Possibly | Non-native; verify with DEC before acquiring |
| Siberian Chipmunk | No | Possibly | Non-native; verify with DEC before acquiring |
Permit and License Requirements in New York
New York does not offer a standard “pet permit” that allows ordinary residents to keep a native squirrel at home. The licensing system that exists is designed for specific professional or institutional purposes, not casual pet ownership.
No person shall, except under a license or permit first obtained from the department, possess, transport or cause to be transported, imported or exported any live wolf, wolfdog, coyote, coydog, fox, skunk, raccoon, venomous reptile, endangered species, or other species of native or non-native live wildlife or fish where the department finds that possession would present a danger to the health or welfare of the people of the state or indigenous fish or wildlife population.
This section does not apply to zoological facilities licensed pursuant to 7 U.S.C. Section 2131 et seq., or exhibitors licensed pursuant to the Animal Welfare Act, 7 U.S.C. Sections 2132–2134, and reptile exhibitors who have demonstrated to the department that the sole purpose for which the wild animal is used is for exhibition to the public for profit or compensation.
There is one limited pathway that comes closest to a permit for squirrel possession: wildlife rehabilitation. In order to keep a squirrel for longer in New York, the rehabilitator must apply for a permit via the federal government, after which investigators check out the living environment for the animal to ensure its safety. Additionally, caretakers have to get regular veterinary care for the squirrel and a vet must write a letter explaining why the animal cannot be released. This process is designed for animals that cannot survive in the wild — not for acquiring a pet.
Zoos, scientific institutions, and animal sanctuaries may obtain special licenses to possess certain wild or exotic animals for research, education, or display purposes. Some owners with pre-existing animals may apply for limited licenses under specific conditions. If you believe your situation is exceptional, contacting the DEC directly at their Fish, Wildlife and Plant Permits office is the appropriate first step.
Where to Legally Obtain a Pet Squirrel in New York
Because native squirrels cannot legally be kept as pets in New York, there is no lawful route to obtaining one for that purpose — whether from a breeder, a wildlife rehabilitator, or from the wild. Picking up an injured squirrel and keeping it at home, even with good intentions, still constitutes illegal possession under state law.
Squirrels cannot be kept as pets in New York. If one finds a squirrel or other animal that requires help in the state, one should find a licensed wildlife rehabilitator to take care of it and release the animal back into the wild eventually.
If you are drawn to squirrel-like animals as pets, a few legal alternatives exist within New York State. Exotic marsupials are legal in New York, including sugar gliders, short-tailed opossums, wallabies, and kangaroos. Sugar gliders, in particular, are sometimes sought by people who find the idea of a small, agile, tree-dwelling companion appealing.
For those interested in non-native squirrel species, the process would involve:
- Confirming with the DEC that the specific non-native species is not restricted under state or federal law
- Sourcing the animal from a licensed, reputable breeder outside New York in a state where the species is legal to breed
- Verifying that importation into New York does not violate any applicable wildlife import rules
- Checking local municipal ordinances before bringing any exotic animal home
You can get a squirrel as a pet through a breeder in states where it is legal. This is the easiest way to get a squirrel as a pet — but that option simply does not apply to New York residents seeking native species. For a broader look at squirrel diversity across the country, the types of squirrels in the US provides useful context on what species exist and where.
Pro Tip: If you find an injured squirrel, contact the New York State DEC at 1-866-933-2257 or visit the DEC website to locate a licensed wildlife rehabilitator near you. Handing the animal to a professional is both the legal and the most humane course of action.
Housing and Care Requirements in New York
Because private squirrel ownership is not legal in New York, there are no state-issued housing or care standards for pet squirrels in the way that exist for licensed exotic animals in other states. The care information below is provided for context — for example, if you are a licensed wildlife rehabilitator, or if you are researching whether squirrel ownership would even be practical before pursuing legal options in another state.
Squirrels have demanding needs that most people underestimate. They have really special dietary and exercise needs. Without those needs being filled, they can become very sick and destroy your house, respectively.
Key care considerations for squirrels include:
- Space: Squirrels are highly active animals that need large, vertically oriented enclosures — typically at least 2 feet wide by 2 feet deep by 4 feet tall as a minimum for a single animal, with larger being strongly preferred
- Diet: A varied diet of nuts, seeds, fruits, vegetables, and protein sources is required; a diet heavy in sunflower seeds or peanuts alone leads to calcium deficiency and metabolic bone disease
- Enrichment: Branches, platforms, tunnels, and foraging opportunities are essential to prevent stress and destructive behavior
- Veterinary care: Very few veterinarians in New York are equipped or licensed to treat squirrels, which creates a serious ongoing challenge
- Socialization: Squirrels raised by humans can become aggressive as they mature, particularly males during breeding season
Squirrels are naturally wild animals, and their needs can be challenging to meet in a domestic setting. Even in states where ownership is permitted, experienced exotic animal veterinarians consistently advise that squirrels are among the more difficult small mammals to keep successfully in captivity. You can explore the broader world of squirrel biology and behavior to better understand what these animals require.
If you are a licensed rehabilitator in New York caring for a squirrel that cannot be released, the DEC’s requirements include regular veterinary documentation and a written assessment from a licensed veterinarian confirming non-releasability. The New York Wildlife Rehabilitation Council is a useful resource for anyone pursuing that path.
Local and Municipal Restrictions in New York
State law sets the floor for wildlife possession rules in New York, but local governments have the authority to go further. Nothing contained in this section shall prevent any city, town or county from enacting more restrictive provisions governing the possession of wild animals for use as pets.
New York City is the clearest example of local rules that exceed state restrictions. All squirrels (Sciuridae) are listed among the animals illegal to keep as pets in New York City per Article 161.01(b) of the NYC Health Code. This prohibition is categorical — it covers every species within the squirrel family, without exception.
It is illegal to keep a pet squirrel in New York City for any reason, even with a rehabber’s license, unless you have a certified “Education Animal” and the required permit for that.
States such as New York have local ordinances that can further complicate ownership, often requiring additional compliance with city regulations. Outside of New York City, individual counties and municipalities may have their own animal control ordinances. Before making any decisions, you should:
- Contact your local municipality’s animal control office directly
- Review your county’s health code for any provisions on exotic or wild animals
- Check homeowners association rules or rental agreements, which may impose additional restrictions
- Consult the DEC’s regional office for your area of the state
Residents in areas bordering other states should also be aware that transporting a squirrel across state lines — even from a state where ownership is legal — can trigger federal wildlife transport laws in addition to New York’s state rules. For comparison, you can see how neighboring states approach this issue by looking at squirrels in Delaware or squirrels in Nebraska, both of which have different regulatory frameworks.
Common Mistake: Assuming that because you live in a rural part of New York, enforcement is unlikely. The DEC’s Environmental Conservation Officers operate statewide, and anonymous complaints — as the Peanut case demonstrated — can trigger investigations regardless of location.
Penalties for Illegal Squirrel Ownership in New York
The consequences of illegally possessing a squirrel in New York are serious and extend well beyond a small fine. Enforcement involves multiple state agencies, and the penalties are designed to deter violations.
Violations can result in fines up to $1,000, possible imprisonment for up to one year, and mandatory confiscation or euthanization of the animals. The financial penalty alone can be significant, but the loss of the animal — potentially through euthanasia — is often the most painful consequence for owners who have formed an attachment.
Environmental Conservation Officers, forest rangers, and members of the state police may seize every such animal possessed without a license or permit. Wild animals seized or surrendered pursuant to the provisions of this section shall be transferred to a duly incorporated wildlife sanctuary or a zoological facility, or shall be humanely euthanized. Any costs associated with seizing, transferring, recapturing, or euthanizing a wild animal shall be borne by the person who owned, harbored, or possessed the animal.
This means that in addition to any criminal fine, you could be billed for the full cost of the state’s enforcement action against you. Those costs can include veterinary examination fees, transportation, and facility housing.
On the criminal side, any person owning, possessing, or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being who shall fail to exercise due care in safeguarding the public is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine.
The Peanut case also prompted legislative activity. Assemblyman Jake Blumencranz introduced an amendment to the state’s environmental conservation law called “Peanut’s Law: Humane Animal Protection Act,” proposing changes to the state’s animal-seizure rules after Peanut the squirrel was taken from his home in Pine City and euthanized by the DEC. As of the date of this article, that proposed legislation has not been enacted into law, so the existing framework remains in force.
A summary of the penalty structure is below:
| Violation Type | Potential Fine | Potential Imprisonment | Additional Consequences |
|---|---|---|---|
| Illegal possession of wildlife as a pet | Up to $1,000 | Up to 1 year | Animal confiscation; owner pays seizure costs |
| Failure to safeguard public from wild animal | Up to $1,000 | Up to 1 year | Misdemeanor conviction on record |
| Selling or transferring illegally held wildlife | Up to $1,000 | Up to 1 year | Animal confiscation; possible euthanasia |
If you currently have a squirrel in your possession and are unsure of your legal standing, the most prudent step is to contact a licensed wildlife rehabilitator or reach out to the DEC directly rather than waiting for a complaint to trigger an investigation. As New York continues to strengthen its stance on exotic pet ownership, residents must stay informed about these crucial regulations. The state’s commitment to public safety and animal welfare shapes these laws, making compliance essential for all pet owners. Those considering exotic pet ownership should thoroughly research current restrictions and consult with appropriate authorities to ensure they remain within legal boundaries.
For those who love squirrels and want to support them, there are legal and rewarding alternatives: supporting a local wildlife rehabilitation organization, creating a squirrel-friendly habitat in your yard, or simply observing the many different types of squirrels that live wild across the state. You can also explore plants that repel squirrels if your interest is more about managing their presence on your property. For a broader geographic perspective, the types of squirrels in Canada and types of ground squirrels offer fascinating reading about these animals in their natural context.