Can You Own a Monkey in North Dakota? What the Law Actually Says
July 19, 2026
North Dakota has one of the more permissive frameworks for exotic animal ownership in the United States, but that does not mean bringing a monkey home is simple. The state classifies primates as Category 3 non-traditional livestock — the same tier as bears and big cats — which means a formal license is required before you ever take possession of the animal.
If you are seriously considering a pet monkey in North Dakota, understanding the full legal picture matters. State law, local ordinances, federal oversight, and the practical realities of primate care all intersect in ways that catch unprepared owners off guard. This guide walks through each layer so you can make an informed decision.
Is It Legal to Own a Monkey in North Dakota?
North Dakota is one of the states where it is legal to have a pet monkey, but legal does not mean unrestricted. North Dakota has very few restrictions on owning exotic pets at the state level, and according to the North Dakota Department of Agriculture, only raccoons and skunks are outright illegal.
Primates fall under the state’s “Category 3” classification, alongside non-domestic sheep and goats, bears, wolves, tigers, cheetahs, jaguars, leopards, wild pigs and hogs, mountain lions, lions, and nonvenomous injurious reptiles. That classification carries real obligations. Category 3 animals are those species determined by the board to pose special concerns, including species which are inherently dangerous or environmentally hazardous, and owners of Category 3 species must maintain nontraditional livestock licensure and are subject to additional housing and care requirements.
In the state of North Dakota, there is no specific law that contains an outright ban on ownership of great apes; however, there are laws that address private possession of great apes, including very specific importation and housing requirements. Generally, if a person obtains the correct license, he or she can keep an ape as a pet, an exhibitor, a zoo, or for any other non-prohibited purpose.
Important Note: State-level legality does not override city or county ordinances. Always confirm with your local municipality before applying for any license or purchasing an animal.
Which Monkey Species Are Allowed or Banned in North Dakota
North Dakota regulations define “primate” broadly, stating only that the term does “not include a human being.” This means the state’s licensing and housing rules apply to all non-human primates — from small marmosets to large great apes — without carving out species-specific exemptions at the state level.
North Dakota is among the states where ownership of pygmy marmosets (Cebuella pygmaea) is possible, but only with a permit or formal approval. The same permit framework covers larger species. Capuchin monkeys (Cebus apella), spider monkeys (Ateles geoffroyi), squirrel monkeys (Saimiri sciureus), and macaques all fall under the Category 3 primate designation and require the same nontraditional livestock license.
The state board of animal health has categorized great apes as nontraditional livestock. Chimpanzees, gorillas, and orangutans are therefore subject to the same licensing pathway as smaller monkey species, though their size and strength make the housing requirements considerably more demanding in practice.
| Species Group | ND Category | License Required? | Notes |
|---|---|---|---|
| Marmosets & tamarins | Category 3 (Primate) | Yes | Nontraditional livestock license required |
| Capuchins & squirrel monkeys | Category 3 (Primate) | Yes | TB testing required at importation |
| Spider monkeys & howler monkeys | Category 3 (Primate) | Yes | Dedicated enclosure required |
| Macaques | Category 3 (Primate) | Yes | Disease exposure statement required |
| Great apes (chimpanzees, gorillas) | Category 3 (Primate) | Yes | Most restrictive housing standards |
| Raccoons & skunks | Prohibited | N/A | Banned entirely; no permit available |
Permit and License Requirements for Monkey Ownership in North Dakota
Those wishing to have a nontraditional livestock license must have appropriate facilities completed and inspected before submitting an application, and a license must be obtained prior to obtaining animals. This sequencing is important: you cannot buy the monkey first and sort out the paperwork later.
The licensing process runs through the North Dakota Department of Agriculture’s Animal Health Division. Once you hold a license, ongoing compliance is mandatory. License renewals and inventory reports are sent out to current licensees in December of each year and are due by January 31st.
Importing a monkey from out of state triggers additional requirements under North Dakota Administrative Code 48.1-09-06-01. Importation for primates requires a negative tuberculosis test within thirty days of importation into the state, with mammalian tuberculin used in testing, and a statement that a primate has not shown signs of or been exposed to infectious disease in the last 180 days.
After importation, requirements for maintaining a primate include a negative tuberculosis test prior to renewal of the license and a negative tuberculosis test within thirty days of any change of ownership. These ongoing health checks are not optional — they are conditions of keeping your license active.
Primates must have a dedicated primary enclosure area, such as a room or cage-type enclosure, separate from other living areas of human occupants, and indoor primate enclosures must be at least two square feet per pound of adult body weight per animal. A 10-pound marmoset therefore requires a minimum of 20 square feet of dedicated enclosure space — and larger species scale up considerably from there.
Pro Tip: Have your enclosure fully built and inspected before you apply. The North Dakota Department of Agriculture will not issue a license until the facility passes inspection, so starting construction after you apply adds months to your timeline.
Beyond state licensing, federal oversight may also apply. If you plan to sell, breed, or publicly exhibit your monkey, the USDA Animal Welfare Act requires a separate federal dealer or exhibitor license. Private pet owners who do not sell or exhibit are generally exempt from the federal license, but should confirm their situation with the USDA’s Animal and Plant Health Inspection Service (APHIS).
Local Laws That May Still Apply in North Dakota
A state license does not override what your city or county allows. Local restrictions can also exist in accordance with city or municipal ordinances. This is one of the most commonly overlooked aspects of exotic pet ownership in North Dakota.
Just because an animal is legal to own in the state does not mean the city you live in allows it. For example, it is legal to have chickens in Mandan, but not in Bismarck. So, before you run out and buy that monkey, it might be legal in the state, but more than likely not if you live in a city.
Cities like Fargo, Grand Forks, and Bismarck each maintain their own animal control codes, and many urban municipalities prohibit primates entirely regardless of state law. If you live in a rural area or on agricultural land, you are more likely to find that local codes are silent on the issue — but you still need to verify. Contact your city’s animal control office or your county’s planning and zoning department before investing in a license application or an enclosure build-out.
Homeowners associations can add another layer of restriction. Even if state and city law permit a monkey, your HOA covenants may prohibit exotic animals. Review your CC&Rs carefully, as HOA violations can result in fines or legal action that operate entirely outside the state licensing system.
If you are curious about how North Dakota handles other animal-related regulations at the local level, the state’s approach to pit bull laws in North Dakota and rooster crowing laws in North Dakota offer useful context for how city-level rules frequently diverge from state-level frameworks.
Where You Can Legally Buy a Monkey in North Dakota
Finding a legal source for a pet monkey requires more care than a typical pet purchase. Animals imported from out of state must meet health requirements specific to that species. This means you need a seller who can provide proper veterinary documentation — not just a bill of sale.
Reputable sources generally fall into three categories: USDA-licensed breeders in states where monkey ownership is legal, exotic animal auctions or sales events that operate under federal oversight, and occasionally private owners who are rehoming a licensed animal. In all cases, ask for the seller’s USDA license number and verify it through the USDA APHIS Animal Welfare database before completing any transaction.
Avoid any seller who cannot provide a certificate of veterinary inspection or who pressures you to complete the sale before your North Dakota license is approved. A license must be obtained prior to obtaining animals, so any seller asking you to take possession before your paperwork clears is putting you at legal risk.
There are no known licensed primate breeders operating within North Dakota itself, so most buyers will be importing from other states. That triggers the full importation documentation requirements described in the permit section above, including the pre-entry tuberculosis test.
Important Note: Never purchase a monkey through an unverified online listing or social media post. Fraudulent exotic animal sales are common, and buying from an unlicensed source can result in criminal charges even if you hold a valid state license.
What It Actually Costs to Own a Monkey in North Dakota
The purchase price of a monkey is often the smallest part of the total financial commitment. Smaller species like marmosets and squirrel monkeys typically sell for $1,500 to $5,000, while capuchins and spider monkeys frequently range from $5,000 to $10,000 or more depending on age and source. Great apes, where legal, can cost tens of thousands of dollars.
Building a compliant enclosure is a significant upfront cost. Given that primates must have a dedicated primary enclosure area separate from other living areas of human occupants, and indoor enclosures must be at least two square feet per pound of adult body weight per animal, a custom-built primate enclosure for even a mid-sized monkey can run $3,000 to $15,000 depending on materials and complexity.
Monkey ownership permits usually only cost between $10 and $100 in most states that allow them, and North Dakota’s nontraditional livestock license fees fall within a comparable range — though you should confirm the current fee schedule directly with the North Dakota Department of Agriculture, as fees can change.
Ongoing veterinary care is where costs become substantial. Primates require a veterinarian experienced with exotic animals, and routine wellness exams, required tuberculosis tests, and any illness or injury treatment can easily total $500 to $2,000 or more per year. Emergency primate veterinary care in a rural state like North Dakota may require travel to a specialist, adding further expense.
| Cost Category | Estimated Range | Notes |
|---|---|---|
| Purchase price (small species) | $1,500 – $5,000 | Marmosets, squirrel monkeys |
| Purchase price (mid-size species) | $5,000 – $10,000+ | Capuchins, spider monkeys |
| Enclosure construction | $3,000 – $15,000 | Must pass state inspection before license issued |
| State license fee | $10 – $100 (est.) | Confirm current fee with NDDA |
| Annual veterinary care | $500 – $2,000+ | Includes required TB testing |
| Food and enrichment | $100 – $400/month | Varies by species and diet complexity |
For perspective on the broader financial and legal responsibilities that come with exotic and non-standard animal ownership in North Dakota, it is worth reviewing the state’s beekeeping laws in North Dakota and hedgehog ownership laws in North Dakota — both show how the state layers permit requirements and care standards even for less controversial species.
Penalties for Illegally Owning a Monkey in North Dakota
The consequences for non-compliance with North Dakota’s nontraditional livestock rules are serious and can include both financial penalties and the loss of the animal itself.
If, after a hearing, the board finds that a person has brought, kept, or received any nontraditional livestock in this state and the livestock are not in compliance with the rules, a civil penalty up to five thousand dollars per violation may be assessed against that person. A person who knowingly violates any rule of the board is guilty of an infraction.
The penalties for violating any regulation governing the importation of nontraditional livestock, including great apes, include both civil fines and the exportation or destruction of the animal. In the event of a violation, the state board of animal health has the discretion to order that the animal be returned to its state of origin or slaughtered.
Any nontraditional livestock brought into this state illegally may be ordered by the board to be returned to the state of origin, or the board may order the animals slaughtered or destroyed. That outcome — losing the animal entirely — is a reality that prospective owners must take seriously.
Federal penalties can compound state ones. If a monkey was obtained from an unlicensed dealer or transported across state lines without proper documentation, violations of the federal Animal Welfare Act may apply independently of state charges. USDA investigations can result in separate civil fines and, in cases of deliberate fraud, criminal prosecution.
Beyond formal legal penalties, owning a monkey without a proper license creates liability exposure if the animal injures a person or another animal. North Dakota’s animal bite liability framework and general negligence law would likely apply, and an unlicensed owner would have little legal standing to defend against a civil claim. Reviewing the state’s roadkill laws in North Dakota also illustrates how seriously the state treats unauthorized possession and handling of animals outside established legal channels.
Key Insight: The $5,000 per-violation civil penalty applies to each individual violation, not just the overall situation. Keeping an unlicensed monkey for an extended period could result in multiple separate penalties assessed at once.
If you are weighing whether monkey ownership is right for you, it helps to understand how North Dakota regulates other wildlife interactions in the state. Articles on venomous animals in North Dakota, endangered animals in North Dakota, and when snakes come out in North Dakota provide useful background on the state’s broader approach to wildlife management and the legal responsibilities that come with living alongside — or keeping — non-domestic animals.
Owning a monkey in North Dakota is legally possible, but it demands genuine preparation: a completed and inspected enclosure, a valid nontraditional livestock license, proper importation documentation, ongoing tuberculosis testing, and a clear understanding of what your city or county allows. Anyone who approaches that process seriously and meets every requirement can do it within the law. Anyone who skips steps risks losing the animal, facing thousands of dollars in fines, and carrying personal liability that no permit can retroactively fix.