Virginia sits in a legally complicated spot when it comes to squirrel ownership. Some sources list it among the states where pet squirrels are allowed, while official state wildlife authorities and local ordinances tell a more cautious story. If you are thinking about keeping a squirrel as a companion animal in the Commonwealth, the answer is not a simple yes or no — it depends heavily on the source of the animal, where in Virginia you live, and how closely you follow state wildlife code.
This guide walks you through everything you need to know: what state law says, which species may be kept, permit questions, how to obtain a squirrel legally, proper care standards, local restrictions, and the penalties you face if you get it wrong. Understanding all of these layers before you act is the only way to stay on the right side of Virginia law.
Is It Legal to Own a Squirrel in Virginia
The short answer is that Virginia’s legal picture for pet squirrels is genuinely mixed, and the source of your animal matters enormously. The Virginia Administrative Code specifically states that it is unlawful to take, possess, import, export, buy, sell, offer for sale, or liberate within the Commonwealth any wild animals unless otherwise specifically permitted by law or regulation, under 4 VAC 15-30-10 and §§ 29.1-521 and 29.1-553. That language covers wild-caught squirrels without any ambiguity.
At the same time, several wildlife law trackers list Virginia among a small group of permissive states. Arkansas, Idaho, Louisiana, New Mexico, Oklahoma, Tennessee, Utah, Virginia, West Virginia, and Wyoming all allow people to own pet squirrels. The critical distinction is that this applies to captive-bred animals obtained through legal channels — not squirrels taken from the wild.
Important Note: Virginia’s state-level permission for captive-bred squirrels does not override the Virginia Administrative Code’s prohibition on possessing wild animals. If a squirrel was taken from nature rather than bred in captivity, keeping it is illegal regardless of other general allowances.
It is illegal to raise or keep a wild animal as a pet in Virginia unless you have a state permit. The Animal Welfare League of Arlington and the Wildlife Center of Virginia both reinforce this point. The Wildlife Center of Virginia advises not to keep a squirrel as a pet or try to rehabilitate it yourself, stating it is illegal in Virginia and most other states. These statements refer specifically to wild-caught animals and self-rehabilitation — not to captive-bred squirrels from licensed sources.
The bottom line: Virginia is among the states where you can usually buy or adopt a captive-bred squirrel and keep it as a pet under state law, though you still have to follow general animal welfare rules. Proceed carefully, document everything, and never attempt to keep a wild-caught squirrel.
Which Squirrel Species Are Legal in Virginia
Virginia is home to several squirrel species, and understanding which ones you may legally keep — and under what conditions — is an important first step. You can learn more about the types of squirrels found across the United States to get a broader sense of species diversity before narrowing your focus to Virginia-specific rules.
The most common tree squirrels in Virginia include the eastern gray squirrel, the fox squirrel, and the red squirrel. Data on pet squirrel legality typically applies to native squirrels such as red squirrels, gray squirrels, and fox squirrels. Non-native species and flying squirrels may be subject to different regulations.
Key Insight: Flying squirrels occupy a separate legal category in Virginia. According to one source tracking state-by-state flying squirrel laws, Virginia does not allow residents to keep flying squirrels as pets. This is a meaningful distinction if you were considering a southern flying squirrel, which is native to the state.
For tree squirrels, the captive-bred pathway described above generally applies to eastern gray and fox squirrels. Most rules depend on whether the state sees squirrels as exotic pets, native wildlife, or captive wildlife. Virginia treats wild squirrels as state-managed wildlife resources, which means even a native gray squirrel found in your backyard is not yours to keep. Only a squirrel bred in captivity by a licensed source falls outside that protected category. For a deeper look at the squirrel species you might encounter locally, explore this overview of different types of squirrels found in North America.
Permit and License Requirements in Virginia
One of the more confusing aspects of Virginia squirrel law is that the state is listed as permissive in some references, yet official state code requires permits for wild animal possession. The resolution lies in understanding what type of squirrel you have and what activity you are engaged in.
Under the authority of sections 29.1-103 and 29.1-521 of the Code of Virginia, you cannot possess or transfer, or cause anyone to possess or transfer, in any capacity, any wild animal unless otherwise permitted by law or regulation. This is the foundational rule. In Virginia, only licensed wildlife rehabilitators who have acquired the appropriate permits from the Virginia Department of Wildlife Resources may care for sick, injured, orphaned, or debilitated wildlife.
For captive-bred squirrels obtained through legal channels, Virginia does not appear to require a separate exotic pet permit at the state level in the same way that states like Michigan or South Carolina do. However, this does not mean you are entirely free of documentation requirements. You will usually need to prove where your squirrel came from — often a bill of sale from a USDA-licensed breeder.
| Squirrel Type | Virginia State Status | Permit Required? |
|---|---|---|
| Captive-bred tree squirrel (gray, fox) | Generally allowed | No state permit, but documentation of legal source required |
| Wild-caught native squirrel | Prohibited | Illegal to possess without wildlife rehabilitation permit |
| Flying squirrel | Not permitted as pet | Not available for private ownership |
| Non-native exotic squirrel species | Subject to importation rules | May require importation permit under 4 VAC 15-30-40 |
You should have a breeder receipt or a letter from your vet stating the animal was lawfully obtained. Proper documentation will eliminate the possibility of prosecution under the Lacey Act (16 U.S.C. §§ 3371–3378), a federal conservation law that prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported, or sold. Keep all paperwork indefinitely — not just at the time of purchase.
Where to Legally Obtain a Pet Squirrel in Virginia
How you acquire your squirrel is just as important as whether you are allowed to own one. Taking a squirrel from the wild in Virginia is not a legal path to pet ownership under any ordinary circumstance. Your options are limited to licensed breeders and, in some cases, wildlife rehabilitators.
Licensed breeders can sell pet squirrels bred in captivity. Look for breeders who give you health records, the animal’s age (never under 8 weeks), and clear breeding permits. A reputable breeder will not hesitate to show you documentation. Visit in person if you can — see how the animals look, check enclosure size, and make sure things are clean. If a seller dodges your questions or only accepts cash, that is a bad sign.
Pro Tip: Request a written bill of sale that includes the species, the squirrel’s date of birth, and the breeder’s USDA license number. This single document is your primary protection if your ownership is ever questioned by animal control or wildlife officers.
Wildlife rehabilitators care for injured or orphaned squirrels and sometimes allow people to adopt those that cannot go back to the wild. Contact local rehabilitation centers or wildlife hospitals to ask about adoptable squirrels. This can be a legitimate route, but it is important to understand that although Virginia’s Good Samaritan laws allow you to capture orphaned, injured, or sick wildlife in order to transport it directly to a wildlife veterinarian or rehabilitation center, you may not keep it. Rehabilitation and private ownership are separate legal categories.
A common and often required legal method for acquiring a pet squirrel is through a USDA-licensed breeder. These breeders are regulated to ensure the animals are captive-bred and raised in appropriate conditions, reducing health risks and promoting responsible ownership. If you are purchasing from an out-of-state breeder, be aware that some states may require an importation permit if the squirrel is purchased from a breeder in another state, which can cost around $31 and is valid for a limited time such as 30 days. Check Virginia’s current importation rules through the Department of Wildlife Resources before completing any out-of-state purchase. You can also browse information on squirrels generally to better understand the animals you are considering before committing to ownership.
Housing and Care Requirements in Virginia
Even in states where squirrel ownership is permitted without a formal permit, proper housing and care are expected as a baseline. Virginia’s animal welfare laws apply to all animals kept in the state, and a poorly housed squirrel can attract attention from animal control. Beyond legal compliance, good care is simply what these active, intelligent animals require to stay healthy.
You will need a tall enclosure or a whole room with branches and places to climb. Squirrels need vertical space; aim for at least 4–6 feet tall for tree squirrels. A wire mesh enclosure with small enough gaps to prevent escape is standard. Permit applications in states that require them often necessitate a description of the proposed enclosure, demonstrating it meets minimum size requirements such as a cage at least four feet by four feet and six feet high for up to two arboreal squirrels. Even if Virginia does not formally require a permit inspection, meeting these benchmarks is a sound practice.
Diet is another area where squirrels have specific needs. Give squirrels a varied diet. Fresh nuts (unsalted), fruits, vegetables, and rodent blocks designed for their needs all work well. Avoid feeding dairy products — baby squirrels actually need a special formula, not whatever is in your fridge, to stay healthy.
Common Mistake: Many people assume that because squirrels are wild animals, they can eat anything. In reality, a diet too high in sunflower seeds or corn can cause calcium deficiencies and metabolic bone disease in captive squirrels. Balance is essential.
Veterinary care is an ongoing responsibility. Bring your squirrel to a vet who understands exotic pets or wildlife. Regular checkups matter. Finding an exotic-animal veterinarian familiar with squirrels before you bring one home — not after a health crisis — is strongly advised. The Wildlife Center of Virginia notes that squirrels can carry diseases and parasites harmful to humans. These agile animals require space to climb and forage, which cannot be adequately provided in most home environments, and their chewing habits can also cause significant damage to property. These are practical realities to weigh seriously before ownership.
For additional context on the behavioral and environmental needs of squirrels, reviewing resources on flying squirrels and ground squirrels can help you understand how different species vary in their space and enrichment requirements.
Local and Municipal Restrictions in Virginia
State-level allowances for captive-bred squirrels do not automatically translate into permission at the county or city level. Virginia municipalities have broad authority to regulate exotic and wild animals within their borders, and many have exercised that authority explicitly. State laws set the basics, but cities and counties can add their own restrictions. Even if your state allows pet squirrels, your city or HOA might not.
Several Virginia localities have enacted ordinances that specifically name squirrels as prohibited animals. Multiple local ordinances define “wild or exotic animal” to include any live monkey, raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in the wild state. Under these definitions, no person shall keep or permit to be kept on their premises any wild or exotic animal as a pet, for display, or for exhibition purposes, whether gratuitously or for a fee.
Loudoun County is one specific example. In March 2023, the Loudoun County Board of Supervisors adopted a new section of Chapter 612 that prohibits private ownership of certain exotic and venomous species of animals that present a risk to public health and safety. Loudoun joins other jurisdictions that have similar ordinances, including the Town of Leesburg; Arlington, Fairfax, and Prince William counties; the District of Columbia; and jurisdictions in Maryland.
Important Note: Northern Virginia jurisdictions — including Arlington, Fairfax, Prince William, and Loudoun counties — are among the most restrictive in the state. If you live in the greater Washington, D.C. metro area, assume that local ordinances likely prohibit squirrel ownership regardless of state-level allowances.
If you are renting, check with your landlord to see if it is okay for you to have a pet. While a squirrel may be legal in your state, you will need to ensure it is permitted in the home. HOA rules and lease agreements are additional layers that can restrict ownership even when government law permits it. Always double-check local laws and zoning rules before you get a squirrel. Ask your landlord or HOA in writing, just to be safe. It is also smart to call animal control or your city clerk.
Penalties for Illegal Squirrel Ownership in Virginia
Keeping a squirrel illegally in Virginia — whether by taking one from the wild, failing to comply with local ordinances, or possessing a prohibited species — carries real legal and practical consequences. Understanding these penalties before you act is part of being a responsible prospective owner.
At the state level, under the authority of §§ 29.1-103 and 29.1-521 of the Code of Virginia, it is unlawful to take, possess, conduct research, import, export, buy, sell, offer for sale, or liberate within the Commonwealth any wild animal unless otherwise specifically permitted by law or regulation. Violations of this code can result in civil and criminal penalties. Possessing a squirrel illegally, whether in a prohibited jurisdiction or without the necessary permits in a legal one, carries serious consequences. Penalties can range from fines to criminal charges. Violations of wildlife laws can result in civil penalties of up to $500 for each offense.
Federal exposure is also possible. The Lacey Act prohibits trafficking illegally acquired wildlife across state lines, making it a federal felony to trade or sell protected exotic animals. Violations can lead to substantial fines, up to $20,000, and imprisonment for up to five years. If you purchased a squirrel from an out-of-state source without proper documentation and that animal turns out to have been illegally sourced, you could face federal charges in addition to state penalties.
Beyond fines and criminal exposure, the animal itself is at risk. Common consequences of failing to acquire permits involve confiscation and relocation or euthanasia for the animal. The widely publicized case of P’nut, a pet squirrel seized and euthanized in New York, made headlines and prompted people across the country to question whether killing the pet was necessary — but under New York law, owning a squirrel is against the law. Virginia is more permissive than New York in this area, but local ordinances in parts of the Commonwealth can lead to similar outcomes.
Pro Tip: Before purchasing any squirrel, contact the Virginia Department of Wildlife Resources directly at dwr.virginia.gov and your county’s animal control office in writing. Document the responses you receive. This paper trail demonstrates good-faith compliance if your ownership is ever challenged.
In strictly regulated states, seizures, euthanasia, or legal action are known outcomes. In permissive states, enforcement is often minimal unless abuse, a reported bite, or an escape occurs. Virginia falls somewhere in the middle of that spectrum, with enforcement varying significantly by locality. The safest approach is to treat compliance as non-negotiable rather than optional — not just for your own legal protection, but for the welfare of the animal in your care.
If you are interested in learning more about squirrel behavior and ecology in the broader region, these resources may be helpful: squirrels in Delaware, squirrels in Ohio, and plants that repel squirrels if you decide that coexisting with wild squirrels outdoors suits you better than ownership.