Can You Own a Squirrel in New Jersey? What State Law Actually Allows
May 15, 2026
New Jersey sits in an interesting middle ground when it comes to squirrel ownership. The state is neither a flat-out ban state nor a free-for-all — and the answer to whether you can legally keep a squirrel depends almost entirely on which species you have in mind and where that animal came from.
If you are thinking about adding a squirrel to your household in the Garden State, understanding the regulatory framework before you commit is essential. Getting it wrong can mean fines, confiscation, or even criminal charges. This guide walks through what New Jersey law actually allows, which species are on which list, and what responsible ownership looks like in practice.
Is It Legal to Own a Squirrel in New Jersey
The short answer is: it depends on the species. Keeping a squirrel as a pet in New Jersey is strictly regulated. Under state law, individuals must obtain a special permit from the New Jersey Division of Fish and Wildlife (NJDFW) to legally possess a squirrel, which is typically granted only for wildlife rehabilitation, education, or research — not personal companionship. However, there are important carve-outs that work in a pet owner’s favor.
New Jersey maintains a list of animals that are not regulated and can be kept without a permit under N.J.A.C. 7:25-4.4, known as the Exempted Species List. The red squirrel is on this list, as are chipmunks and flying squirrels. This means that for those specific species, you do not need to apply for a wildlife possession permit at the state level.
At the same time, not all squirrel species share that status. New Jersey maintains a list of animals that are prohibited and illegal as pets — no permits are issued to pet owners — which includes species determined to be deleterious to the environment or public health. Two rodents, ground squirrels and prairie dogs, are on that prohibited list.
Important Note: Being exempt from a state wildlife permit does not mean you are free of all legal obligations. Local ordinances, HOA rules, and lease agreements can still restrict squirrel ownership even when the state allows it. Always verify at every level before bringing a squirrel home.
The legal framework governing these rules is found primarily in the New Jersey Administrative Code (N.J.A.C.) and is enforced by the New Jersey Department of Environmental Protection (NJDEP). You can also learn more about the broader world of squirrels at Animal of Things, which covers squirrel biology and behavior in depth.
Which Squirrel Species Are Legal in New Jersey
New Jersey’s regulations create three distinct tiers for squirrel species: exempt (no permit needed), permit-required, and outright prohibited. Knowing which tier applies to your desired species is the first step in any ownership decision.
- Red squirrel (Tamiasciurus hudsonicus): You do not need a permit to keep a red squirrel in New Jersey, although some rodents require licensing. This makes the red squirrel the most straightforward legal option for prospective owners in the state.
- Flying squirrel (Glaucomys spp.): Flying squirrels are included on the exempt list alongside chipmunks and snapping turtles. However, sources conflict on this point — some legal analyses note that permits may still be required depending on the specific subspecies and acquisition circumstances. Verify directly with the NJDEP before acquiring one.
- Eastern gray squirrel (Sciurus carolinensis): New Jersey classifies most squirrel species, including the eastern gray squirrel, as non-game wildlife. This designation means they are protected from indiscriminate harm or exploitation, though they are not considered endangered or threatened. Capturing or keeping one as a pet is not permitted.
- Ground squirrels: Ground squirrels carry ecological pest concerns similar to prairie dogs and are classified as potentially dangerous species. No pet permits are issued for ground squirrels in New Jersey.
You can explore a broader overview of squirrel diversity in the different types of squirrels guide, or review types of squirrels found across the US to understand which species are native to your region.
Key Insight: The eastern gray squirrel is the species most commonly seen in New Jersey backyards, but it is also one of the species you cannot legally keep as a pet. The legally exempt red squirrel is far less common in the state’s suburban areas, so sourcing one requires working with a licensed breeder.
Permit and License Requirements in New Jersey
For species that fall outside the exempt list, New Jersey operates a structured permit system through the NJDEP’s Division of Fish and Wildlife. New Jersey has one of the most stringent exotic pet permitting systems in the country, overseen by the Division of Fish and Wildlife under the NJDEP. Anyone seeking to own a non-domesticated animal must apply for a permit, which varies depending on the species and intended purpose. The state distinguishes between hobbyist, commercial, and scientific permits. Hobbyist permits apply to individuals keeping exotic pets for personal enjoyment, commercial permits cover breeders and exhibitors, and scientific permits are issued to research institutions and educational facilities.
Applicants must provide documentation proving adequate housing, veterinary care, and contingency plans in case of escape. They must also demonstrate knowledge of the species’ care requirements and potential risks. Some species require additional proof, such as legal acquisition from a licensed breeder or importer.
The good news is that Individual Hobby Wildlife Species Possession Permits are generally obtainable — provided you meet the proper care requirements — and carry a relatively reasonable fee. You also only need one permit for any number of animals. Permit fees for exotic and nongame species range from $10 to $100 depending on species.
| Squirrel Species | Legal Status in NJ | Permit Required? | Pet Ownership Allowed? |
|---|---|---|---|
| Red Squirrel | Exempt (N.J.A.C. 7:25-4.4) | No | Yes |
| Flying Squirrel | Listed as exempt; verify with NJDEP | Disputed — confirm directly | Possibly, with verification |
| Eastern Gray Squirrel | Non-game wildlife (protected) | N/A — not issued for pets | No |
| Ground Squirrel | Potentially Dangerous Species | N/A — not issued for pets | No |
| Chipmunk | Exempt (N.J.A.C. 7:25-4.4) | No | Yes |
To reach the NJDEP’s Exotic and Nongame Permits Office directly, you can call (609) 223-6055 or contact the NJ Division of Fish and Wildlife for the most current permit application information and species listings.
Where to Legally Obtain a Pet Squirrel in New Jersey
How you obtain a squirrel matters just as much as which species you choose. New Jersey’s regulations are built around the principle that legally owned wildlife must come from a legal source — not from the wild.
Legally acquired wild animals are, for the most part, not animals of wild origin. These animals are the offspring of animals that were legally held in captivity. This distinction is critical: removing a squirrel from the wild, even a species on the exempt list, can expose you to legal liability under state wildlife protection laws.
You can get a squirrel as a pet through a breeder, and this is the easiest way to get a squirrel as a pet. When searching for a breeder, prioritize those who are licensed and transparent about their practices. Look for breeders who are transparent about their practices, provide health guarantees, and are willing to answer questions about the squirrel’s lineage, care, and socialization. Additionally, ensure the breeder is licensed and complies with state and federal regulations regarding exotic pet ownership.
Pro Tip: Ask any breeder for documentation showing that their animals were born in captivity from legally held parents. This paper trail protects you if your ownership is ever questioned by state wildlife authorities or local animal control.
One effective way to find reputable breeders in or near New Jersey is to join online communities or forums dedicated to exotic pet owners. Platforms like Facebook groups, Reddit threads, or specialized exotic pet forums often have members who can recommend trusted breeders.
Wild squirrels should never be taken from your yard or a park and kept as pets. Wild squirrels are very difficult to tame — they just don’t want to be tamed, and it could cause many problems in your home and for the squirrel. It is also important to remember that some states will not allow you to own a squirrel that was rescued from the wild. New Jersey falls squarely into that category for most species. For more context on what wild squirrel populations look like in neighboring states, see this overview of squirrel species in New York.
Housing and Care Requirements in New Jersey
Whether your squirrel is permit-exempt or permit-required, responsible housing and care are non-negotiable — both ethically and, for permit holders, legally. The NJDEP evaluates housing adequacy as part of the permit application process, and ongoing compliance is expected.
Care for squirrels is complex, requiring a specific diet, ample space for movement, and a deep understanding of their behavioral needs. For flying squirrels specifically, their nocturnal habits and social nature add additional layers of complexity. Below are the core care considerations for any squirrel kept in New Jersey.
Enclosure and Space
Squirrels are highly active and need significantly more space than a standard small-animal cage provides. A tall, multi-level wire enclosure — sometimes called a flight cage — allows for climbing, jumping, and natural foraging behavior. The enclosure should be escape-proof, as squirrels are adept at finding gaps and chewing through weak materials.
Diet and Nutrition
A captive squirrel’s diet should mirror its natural foraging patterns as closely as possible. This typically includes a base of high-quality pellet food formulated for squirrels, supplemented with fresh vegetables, fruits, nuts, and seeds in appropriate proportions. Calcium balance is a particular concern — an imbalanced diet heavy in phosphorus-rich foods can lead to metabolic bone disease over time.
Veterinary Care
Ensure you have access to a veterinarian experienced with exotic animals before purchasing a pet. Squirrels are not commonly treated by general-practice vets, so locating an exotic animal specialist in your area before you bring a squirrel home is an important step. Make sure you bring your squirrel to a vet who understands exotic pets or wildlife. Regular checkups matter.
Enrichment and Socialization
Captive squirrels require daily mental stimulation to prevent stress and destructive behavior. Foraging puzzles, climbing branches, nesting materials, and regular human interaction all contribute to a healthy captive environment. To help prevent disease and stress, socialize your squirrel the right way. Some of these animals need a companion, but others seem to do fine solo.
Common Mistake: Many first-time squirrel owners underestimate how much vertical space these animals need. A small cage appropriate for a hamster or guinea pig is wholly inadequate for a squirrel. Plan for an enclosure that is at minimum four to five feet tall with multiple levels and horizontal climbing opportunities.
For a broader look at the flying squirrel specifically — including its natural habitat and behavioral traits — that resource provides useful background for anyone considering that species as a pet.
Local and Municipal Restrictions in New Jersey
State-level exemptions do not override local law. Even if you are keeping a red squirrel that falls on the NJDEP’s exempt species list, your city, township, or county may have rules that go further than what Trenton requires.
State laws set the basics, but cities and counties can add their own restrictions. So even if your state allows pet squirrels, your city or HOA might not. This is one of the most commonly overlooked aspects of exotic pet ownership in New Jersey.
Some specific examples of municipal-level restrictions already documented in the state include:
- Newark has additional restrictions on exotic birds and reptiles in multi-unit housing. Similar policies may extend to exotic mammals including squirrels — confirm with your local animal control office.
- Many towns prohibit exotic pets in rental properties regardless of state law.
- Homeowners associations (HOAs) frequently maintain their own animal restriction policies that are entirely separate from state or municipal law.
Local municipalities can also have restrictions on exotic animals, and squirrels are considered exotic animals. Check with your local municipality before you seek a squirrel permit. They may be able to help you and may also have additional city or county bylaws that you need to be aware of.
If you are renting, the situation requires an additional step. Even if a squirrel is legal under state and local law, your lease agreement may prohibit exotic pets. Get written permission from your landlord. Verbal approval is not enough — written documentation protects both you and your animal if a dispute arises later.
Pro Tip: Contact your municipal clerk’s office or local animal control department directly and ask specifically about exotic mammal ordinances. General searches online often return state-level information rather than the local rules that will actually apply to your address.
Penalties for Illegal Squirrel Ownership in New Jersey
New Jersey takes wildlife possession violations seriously, and the consequences of owning a prohibited species — or owning a legal species without proper authorization — can be significant.
The Division of Fish and Wildlife, local law enforcement, and municipal animal control officers enforce New Jersey’s exotic pet laws. Investigations often begin with complaints, routine inspections, or reports from veterinarians and wildlife rehabilitators. Online sales or social media posts showcasing prohibited animals have also led to enforcement actions. Officials may conduct unannounced inspections to verify compliance.
When a violation is found, the consequences escalate based on severity:
- Animal confiscation: If an exotic pet is found to be unlawfully possessed, the state can confiscate the animal immediately. Once confiscated, you have no guarantee of getting the animal back.
- Monetary fines: Penalties range from fines of $100 to $5,000 per offense for first-time violations, with increased penalties for repeat offenders.
- Criminal charges: If an escaped animal poses a public safety threat, criminal charges may apply, potentially resulting in misdemeanor or felony convictions.
- Continuing violations: If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense — meaning fines can compound rapidly.
For those who find themselves in possession of a squirrel they can no longer legally keep, New Jersey does offer a path forward. Owners who can no longer care for their exotic pets or realize they possess a prohibited species must follow the state’s formal surrender process. The Division of Fish and Wildlife allows voluntary surrenders without penalties, provided they are not prompted by enforcement action. This process prevents illegal releases into the wild and ensures proper placement of surrendered animals.
New Jersey periodically holds “amnesty days,” allowing individuals to turn in exotic pets without fear of prosecution, encouraging compliance with regulations. Releasing a squirrel into the wild is never an acceptable alternative — it is itself a violation of state law and can harm local ecosystems.
Important Note: Regulations governing exotic and nongame wildlife in New Jersey can and do change. Always verify current rules directly with the NJDEP’s Division of Fish and Wildlife before acquiring any squirrel. What was true at the time this article was written may not reflect future regulatory updates.
Understanding the full picture of squirrel ownership law in New Jersey helps you make an informed, responsible decision. If you want to explore how neighboring states handle similar questions, the Ohio squirrel guide and the Delaware squirrel overview offer useful regional comparisons. You can also browse the Michigan and Wisconsin species guides for a sense of which squirrels are native to the broader Northeast region, which can inform both your species choice and your understanding of local wildlife law. For a full breakdown of squirrel species across the country, the types of squirrels in the US resource is a helpful starting point.