Can You Own a Squirrel in Massachusetts? What the Law Actually Says

Massachusetts has some of the strictest wildlife ownership laws in the United States, and squirrels sit right at the center of that legal landscape. If you’ve ever spotted a gray squirrel bounding across a Boston park and wondered whether you could keep one at home, the short answer is: almost certainly not — at least not that species.

The Bay State takes a fundamentally different approach to exotic and wild animals than most other states. Rather than publishing a long list of banned species, Massachusetts regulators publish only what you may possess, rather than what you may not. That single distinction shapes everything about how you need to research squirrel ownership here, and this guide walks you through exactly where the legal lines fall.

Is It Legal to Own a Squirrel in Massachusetts?

The direct answer depends entirely on which species you have in mind. Squirrels, being wild animals, fall under specific regulations that generally prohibit their ownership as pets. Under Massachusetts law, it is illegal to keep native wildlife, including squirrels, as pets without the appropriate permits.

The Massachusetts Division of Fisheries and Wildlife (MassWildlife) says possessing a pet squirrel in the Bay State without a license is illegal. MassWildlife considers squirrels a “game species” subject to regulated hunting seasons and management programs. That classification carries real legal weight: game species are managed for conservation, not kept as companion animals.

There is, however, one narrow exception. Massachusetts allows pet squirrels as long as they are flying squirrels. This exception is codified in the state’s exotic pet exemption list and applies specifically to the southern flying squirrel — not to the gray, red, or fox squirrels you commonly see in yards and parks across the state.

Important Note: The flying squirrel exemption applies only to captive-sourced animals. You cannot capture a wild flying squirrel and claim it qualifies under the exemption. Massachusetts law prohibits taking native mammals from the wild for personal pet ownership.

Massachusetts has a reputation for strict rules, and its exotic pet regulations are no exception. MassWildlife itself has described the state’s regulations regarding the possession of wildlife as being among the strictest in the country. Understanding this context is essential before you invest time or money into pursuing a squirrel as a pet.

Which Squirrel Species Are Legal in Massachusetts?

Massachusetts is home to several squirrel species, but legal pet ownership applies to only one of them. If you want to learn more about the broader variety of squirrels found across North America, the different types of squirrels guide covers the full picture.

The southern flying squirrel (Glaucomys volans) is the one squirrel species you can legally keep in Massachusetts without a MassWildlife permit. The exempt small mammal list includes the southern flying squirrel, along with animals like the four-toed hedgehog, chinchilla from captive stock, degu, and sugar glider. These species were added to the exemption list because they meet specific criteria around public safety, ecological risk, and care requirements.

All other squirrel species commonly found in Massachusetts — including the eastern gray squirrel (Sciurus carolinensis), the American red squirrel (Tamiasciurus hudsonicus), and the fox squirrel (Sciurus niger) — are classified as native wildlife and protected under state law. Squirrels, as native species, are protected under these statutes, and removing them from the wild or keeping them in captivity without proper authorization is considered a violation.

Species	Legal as Pet?	Permit Required?	Notes
Southern Flying Squirrel	Yes	No (if from captive source)	Must not be taken from the wild
Eastern Gray Squirrel	No	N/A — prohibited	Game species; no pet permits issued
American Red Squirrel	No	N/A — prohibited	Native wildlife; protected by state law
Fox Squirrel	No	N/A — prohibited	Native wildlife; protected by state law

You can explore the full range of types of squirrels in the US to understand which species are native to the region and which might fall under different regulatory categories in other states. For ground-dwelling varieties specifically, the types of ground squirrels page provides additional context.

Permit and License Requirements in Massachusetts

The permit landscape in Massachusetts is not designed to help hobbyists keep squirrels. Permits are issued only for certain scientific, educational, commercial, or other specific reasons. You must be able to show that you are actively engaged in the activity for which you are applying for a permit. You will not be issued a permit for keeping a wild animal as a pet.

These permits are typically reserved for wildlife rehabilitators, educators, or researchers, not for individuals seeking exotic pets. That means even if you apply through MassWildlife, your application as a private pet owner will be denied. The system simply does not have a pathway for personal squirrel ownership of native species.

Massachusetts issues no licenses except for rehab and education purposes when it comes to squirrel possession. This places the Bay State in the same category as similarly restrictive northeastern states, with no permit pathway available for the average resident.

Pro Tip: If you find an injured or orphaned squirrel, do not attempt to keep it. Contact a licensed wildlife rehabilitator through MassWildlife. Keeping an injured wild animal — even temporarily — without authorization can still constitute a legal violation.

For the southern flying squirrel, no MassWildlife permit is needed as long as the animal comes from a legal captive source. However, other local, state, and federal licensing laws may still apply, and exempt animals must still be kept in a manner appropriate for their health and safety. You should also check whether your municipality imposes additional requirements beyond the state exemption.

The primary legal authority governing all of this is M.G.L.A. 131 § 23, which bans private possession of exotic pets and requires licenses for those who deal in and propagate wild species. The exemption list at 321 CMR 9.01 is the document that carves out the flying squirrel exception.

Where to Legally Obtain a Pet Squirrel in Massachusetts

If you’ve confirmed that a southern flying squirrel is the right fit for you, sourcing matters enormously. MassWildlife recommends doing business with established and reputable pet shops rather than surfing the Internet or scanning classifieds, where sellers are not necessarily concerned with or aware of the laws that might affect potential buyers.

You should never attempt to capture a wild flying squirrel. The only animals you can take out of the wild in Massachusetts are certain reptiles and amphibians. You can keep these animals as personal pets, but you cannot sell, barter, or exchange them. Mammals — including flying squirrels — are explicitly excluded from wild-take provisions.

• Licensed breeders: Look for USDA-licensed breeders who specialize in flying squirrels and can provide documentation of captive origin.
• Reputable exotic pet shops: Some specialty pet retailers in New England carry flying squirrels sourced from legal captive breeding programs.
• Out-of-state breeders: You may source from a breeder in another state, but the animal must be lawfully taken or lawfully propagated outside Massachusetts, provided that the export, sale, or exchange of such animals is lawful in the state or country in which animals are taken or propagated.

Always request written documentation showing the animal’s captive-bred origin. This protects you legally and gives you recourse if the transaction is ever questioned by authorities. Learn more about flying squirrels specifically — including their behavior and habitat needs — through the flying squirrel overview on this site.

Housing and Care Requirements in Massachusetts

Even though the southern flying squirrel is permit-exempt, that status does not mean you can keep one casually. Notwithstanding a species being exempt from licensing provisions, such species shall be kept in a manner appropriate for their health and safety, including being secured from escape. Escape prevention is a legal requirement, not just a practical suggestion.

Flying squirrels are nocturnal, highly social animals with specific environmental needs. They require large vertical enclosures — ideally at least 3 feet wide by 2 feet deep by 4 feet tall — to allow climbing and gliding behavior. Wire mesh cages designed for birds or small exotics work well, but solid-bottom enclosures should be avoided.

Key care considerations include:

• Diet: A varied diet of nuts, seeds, insects, fruits, and vegetables. Avoid sugary processed foods and anything high in oxalates.
• Social needs: Flying squirrels are colony animals. Keeping at least two together significantly improves their well-being.
• Temperature: They do not hibernate in captivity but are sensitive to cold drafts. Keep their environment between 65°F and 75°F.
• Veterinary care: Find an exotic animal vet experienced with small mammals before you bring the animal home. Not all general practice vets treat squirrels.
• Enrichment: Nesting boxes, climbing branches, and foraging puzzles are necessary for mental stimulation.

Squirrels are wild animals with specialized needs that are often difficult to meet in a domestic setting, and their well-being is best served in their natural habitat or through licensed wildlife rehabilitation efforts. This is worth weighing seriously before committing to ownership, even for the legally permitted flying squirrel.

Also note that no person shall liberate or cause to be liberated any exempt animal, except in accordance with a liberation permit issued pursuant to 321 CMR 2.15. If you can no longer care for your flying squirrel, releasing it outdoors is not a legal option. You must rehome it through legitimate channels.

If you’re interested in the broader context of what squirrels eat and how predators interact with them in the wild, the animals that eat squirrels article provides useful ecological background. For those dealing with squirrels in their yard rather than as pets, plants that repel squirrels offers practical deterrent options.

Local and Municipal Restrictions in Massachusetts

State law sets the floor, not the ceiling. Even if you are keeping a legally exempt southern flying squirrel, your town or city may impose additional rules that restrict or outright ban exotic animal ownership. 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.

Local ordinances in various counties and cities may impose further restrictions on the possession of wild animals. It is important for individuals to check both state and local regulations before acquiring a wild or exotic animal in Massachusetts.

Here’s how to check your local rules before bringing home a flying squirrel:

1. Contact your local Board of Health. In Massachusetts, Boards of Health often have authority over exotic animal possession within their jurisdiction. Ask specifically about small exotic mammals.
2. Call your town’s Animal Control Officer. They can tell you whether any local ordinances apply and whether any complaints or enforcement actions have occurred in your area.
3. Review municipal zoning bylaws. Some towns include exotic pet restrictions in their zoning codes, particularly in residential districts.
4. Check with your landlord or HOA in writing. Even if local law permits the animal, your lease or HOA rules may prohibit it, and a written record protects you in any dispute.

Massachusetts communities vary significantly in how they approach exotic pet enforcement. A town in western Massachusetts may handle things very differently from a dense urban neighborhood in Boston or Worcester. For town-specific ordinances, contact your municipality directly. Rules vary significantly between communities.

If you’re curious about other wildlife regulations in the state, the dog breed restrictions in Massachusetts article illustrates how local animal rules can differ dramatically from state baselines. For a broader look at native wildlife you might encounter, see the guides on types of snakes in Massachusetts, types of hawks in Massachusetts, and venomous animals in Massachusetts.

Penalties for Illegal Squirrel Ownership in Massachusetts

Massachusetts does not treat wildlife violations lightly. If you keep a native squirrel species — such as a gray or red squirrel — without authorization, you face real legal consequences under M.G.L. Chapter 131.

A violation of this chapter or a rule or regulation promulgated under this chapter for which no other penalty is provided shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days, or by both such fine and imprisonment. These are the baseline penalties; specific circumstances can escalate the consequences.

No fine imposed for a violation of this chapter shall be suspended or waived. That means a judge cannot simply dismiss the financial penalty, even for a first offense. In addition to fines, upon a conviction for a violation of this chapter, any bird or mammal taken in violation of this chapter shall be forfeited to the commonwealth and shall be disposed of by the director of law enforcement. In plain terms: the animal will be confiscated.

The consequences can extend further than a fine and confiscation:

• Criminal charges: Penalties for illegal possession can include fines, confiscation of the animal, and potential criminal charges, depending on the severity of the offense.
• Restitution: For a conviction involving the illegal taking or possession of animals, birds, fur-bearing animals, and fish, the court may order the defendant to reimburse the commonwealth in a sum that exceeds the standard penalty amounts.
• License revocation: If you hold a hunting or sporting license, a conviction can result in its forfeiture and a bar on obtaining a new one for at least one year.

Important Note: The “Peanut” case in New York — where a pet squirrel was seized and euthanized after a public complaint — drew national attention in late 2024. Massachusetts law would not have offered a better outcome. MassWildlife confirms that possessing a pet squirrel in the Bay State without a license is illegal. Enforcement in Massachusetts is real, and the consequences can be irreversible for the animal.

The safest path is straightforward: if you want a squirrel in Massachusetts, limit your interest to the southern flying squirrel sourced from a licensed captive breeder, verify that your municipality has no additional restrictions, and keep documentation of the animal’s legal origin. For any other squirrel species, the law offers no legal route for private pet ownership in the Bay State.

For more on the squirrels and wildlife of this region, visit the squirrels overview or explore the range of types of owls in Massachusetts and other native species that share the state’s ecosystems.