Can You Own a Squirrel in Delaware? Laws, Permits, and What You Need to Know

Delaware sits in an unusual middle ground when it comes to squirrel ownership. The state does not issue a flat-out ban, but it does not hand out permits freely either — and the distinction between native wildlife and exotic species shapes nearly every rule you will encounter. Before you commit to keeping a squirrel as a pet in the First State, it pays to understand exactly where the legal lines are drawn.

The short answer is that owning a squirrel in Delaware is possible in limited circumstances, but it requires navigating both state-level exotic animal regulations and the rules of your specific county or municipality. Getting that wrong can cost you the animal, a fine, or worse. This guide walks you through everything you need to know, from permit requirements to enclosure standards, so you can make an informed decision.

Is It Legal to Own a Squirrel in Delaware?

The legality of owning a squirrel in Delaware depends heavily on the species and where the animal came from. Delaware defines “exotic” as a live wild mammal, a hybrid of a wild mammal, or a live reptile not native to or generally found in Delaware — and an exotic animal is considered ecologically foreign to the state. This definition is the starting point for understanding what is and is not regulated.

Native squirrel species, such as the Eastern gray squirrel, fall under the jurisdiction of the Delaware Department of Natural Resources and Environmental Control (DNREC). It is not legal to keep a native squirrel as a pet in Delaware; if the species is native, it is regulated by DNREC and is prohibited from being owned as a pet. Non-native or exotic squirrel species, by contrast, fall under the Delaware Department of Agriculture’s exotic animal permitting system.

Other states allow pet squirrels if a permit is obtained, and Delaware is among them — alongside Indiana, Maine, Michigan, Mississippi, Rhode Island, and South Carolina. However, Squirrel Forum, which tracks state-level squirrel laws through direct contact with wildlife officials, notes that Delaware issues no licenses except for rehabilitation and education purposes. This creates a genuine tension in the regulatory picture that prospective owners must take seriously.

Important Note: Sources on Delaware squirrel ownership differ. The Delaware Department of Agriculture’s exotic animal permit system appears to allow non-native squirrel species with a permit, while Squirrel Forum’s direct research with state officials suggests permits for pet squirrels are not issued in practice. Before acquiring any squirrel, contact the Delaware Department of Agriculture Poultry and Animal Health Section at (302) 698-4561 to confirm current policy for your specific species.

Which Squirrel Species Are Legal in Delaware?

Delaware is home to several squirrel species, and their legal status varies significantly. The Eastern gray squirrel (Sciurus carolinensis) is the most commonly seen species across the state — found in forests, parks, and suburban yards. Because it is a native species, it cannot be kept as a pet under DNREC regulations, regardless of whether it was wild-caught or raised by hand.

The fox squirrel is also present in Delaware, and the state hosts a particularly notable subspecies. The Delmarva fox squirrel (Sciurus niger cinereus) is larger than the gray squirrel, silver in color with a fluffy tail that can reach 15 inches in length, and can grow 30 inches long and weigh up to 3 pounds, making it the largest tree squirrel. Unfortunately, the species is on the endangered list with only an estimated 20,000 remaining, and is found on the Delmarva Peninsula, which includes Delaware, Maryland, and Virginia. Ownership of this subspecies is completely off the table.

The Southern flying squirrel (Glaucomys volans) is another species found in Delaware’s woodlands. A permit or license is required to own a flying squirrel in Delaware, placing it within the exotic animal permitting framework rather than the DNREC native wildlife ban — though you must still confirm with state officials whether an individual permit will be approved for your situation. You can learn more about this species in our overview of the flying squirrel and its behavior in the wild.

Non-native squirrel species not found in Delaware’s wild populations would be treated as exotics under the Department of Agriculture’s framework and would require an individual permit. The laws in Delaware are vague regarding the types of animals that can be considered pets; however, it is illegal to sell, breed, or import any wildlife without the proper permits. For a broader look at squirrel diversity across the country, see our guide to types of squirrels in the US.

Permit and License Requirements in Delaware

If you are pursuing a non-native squirrel species that qualifies under the exotic animal framework, Delaware’s permitting process is administered by the Delaware Department of Agriculture’s Poultry and Animal Health Section. Any Delaware resident wishing to own an exotic animal must apply to the Delaware Department of Agriculture’s Poultry and Animal Health Section for an exotic animal permit.

The individual permit structure works as follows:

• The owner or custodian must obtain a separate individual permit for each exotic animal kept as a pet.
• The individual permit fee is $25 and is valid for three years.
• A background check of an owner or custodian applying for an individual permit may be completed by the Department. An individual permit is not transferable, is valid for three years, and must be renewed accordingly.
• Individual permits granted by the Department become null and void when the owner or custodian transfers ownership or custodianship of the exotic to another person.

After you submit the completed application with the $25 fee, the Poultry and Animal Health Investigator will contact you to schedule a home inspection. The inspection consists primarily of three parts, starting with the primary enclosure — the habitat where the animal will be contained — which must be an appropriate size and setup for the species you have requested.

Pro Tip: Apply for your permit before acquiring the squirrel, not after. Some states fine owners for possessing an animal before permit approval comes through, and Delaware’s framework is designed around pre-approval of both the enclosure and the owner’s knowledge of the species.

These regulations govern the permitting process, possession, sale, rehabilitation, and exhibition of exotic animals — defined as live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in Delaware. The State Veterinarian’s office holds sole authority to make determinations on permit eligibility. You can reach the Poultry and Animal Health Section at (302) 698-4561 or (302) 698-4562 with species-specific questions.

Where to Legally Obtain a Pet Squirrel in Delaware

The source of your squirrel matters as much as the permit itself. According to the Delaware Council of Wildlife Rehabilitators, wild squirrels should not be taken into your home as pets. If you find an injured or orphaned squirrel, the best thing to do is to contact a licensed wildlife rehabilitator, who has the proper equipment, knowledge, and care to help nurse the animal back to health before releasing it back into the wild.

You will usually need to prove where your squirrel came from — often a bill of sale from a USDA-licensed breeder. Officials might ask for your cage plans or a vet’s contact info. Purchasing from a USDA-licensed breeder is the only route that satisfies both state and federal requirements. Squirrels may only legally be bought from USDA-licensed breeders. If someone is trying to sell a squirrel without a USDA license, even if they are licensed by the state or county to possess that squirrel, that constitutes wildlife trafficking and is a federal crime.

Delaware does not have a large network of in-state squirrel breeders, so most buyers look to breeders in neighboring states where squirrel sales are more established. When you buy, get a bill of sale with the species, date of birth, and breeder’s license. Hold onto all your paperwork for permits and inspections. Keep those documents on hand permanently — you may need them during a home inspection or if your ownership is ever questioned by animal control. For more on the different types of squirrels that exist in captivity and the wild, our broader squirrel resource is a useful starting point.

Housing and Care Requirements in Delaware

Delaware’s home inspection process focuses on two enclosure standards that every permit applicant must meet. The inspection covers the primary enclosure — the habitat where the animal will be contained, which must be an appropriate size and setup for the species — and the secondary enclosure, which is an additional enclosure around the primary habitat designed to ensure the animal cannot escape. It varies by species, but it is typically the home itself if the animal is housed indoors or a second fence if housed outdoors.

The investigator will also ask questions to determine if the applicant is aware of the animal’s needs and how they are prepared to handle them. This owner knowledge component is taken seriously — inspectors want to confirm you understand the animal’s diet, behavior, and veterinary needs before a permit is approved.

General care standards for squirrels kept in captivity include the following:

• Enclosure size: Squirrels need significantly more space than most small pets. A tall, multi-level wire enclosure with at least 2–3 feet of width and 4–6 feet of height is a practical minimum for a single animal.
• Enrichment: If you own a flying squirrel, you will want to set up an escape-proof enclosure that is big enough for climbing and gliding. Include sturdy branches, a cozy nest for hiding, and a few safe chew toys.
• Diet: A varied diet of nuts, seeds, fruits, vegetables, and protein sources such as mealworms supports good health. Avoid processed foods and anything high in sugar or salt.
• Veterinary care: Squirrels require an exotic animal veterinarian. Not all vets in Delaware treat rodents, so identify a qualified vet before you bring the animal home.

Common licensing requirements involve minimum enclosure sizes, veterinary exams to ensure the animal’s health, and sometimes mandate owners to carry insurance policies. Even if Delaware does not specifically require insurance for squirrel owners, carrying a liability policy is a sensible precaution given that wild-natured animals can bite or injure visitors. You may also want to review our article on plants that repel squirrels if you plan to give your pet supervised outdoor time in a garden setting.

Local and Municipal Restrictions in Delaware

State-level approval is only part of the picture. Each county has a separate set of regulations regarding the ownership of exotic pets, and many towns have restrictions on particular species. The owner is responsible for determining whether the animal is allowed at their location, which involves reviewing the county code and calling your county and town planning and zoning departments.

Here is a breakdown of how Delaware’s three counties approach exotic animal ownership:

County	Exotic Animal Ordinance	Contact
New Castle County	Has ordinances; contact Department of Land Use for specifics	302-395-5555 / [email protected]
Kent County	May have local restrictions; contact county planning office	Kent County Planning Office
Sussex County	No county ordinances on exotic animals as of the Delaware Department of Agriculture’s last update	N/A — confirm with local municipality

Sussex County has no county ordinances regarding the ownership of exotic animals, but that does not mean every town within it is permissive. Local cities, municipalities, and counties may enact more restrictive regulations that supersede state laws. If you pay city taxes, you fall under that city’s jurisdiction — contact City Hall directly to check for any local ordinances that could affect you.

If you pay city taxes, you fall under the jurisdiction of the city where you live; contact your City Hall to inquire about city ordinances prohibiting ownership of an exotic animal. Renters face an additional layer: check your lease for any exotic pet clauses before applying for a state permit. Landlords are not required to allow exotic animals even when state law permits them. For more on Delaware’s wildlife in general, our guide to squirrels in Delaware covers the native species you are most likely to encounter.

Pro Tip: Even if your county has no exotic animal ordinance, your homeowners association (HOA) may have its own restrictions. Get written confirmation from your HOA before investing time in the permit application process.

Penalties for Illegal Squirrel Ownership in Delaware

Delaware takes unpermitted exotic animal possession seriously, and the consequences go beyond a simple fine. According to the Delaware Regulation Code, failure to obtain, renew, or possess an exotic animal permit will result in the seizure of the animal without an administrative hearing. You are also subject to criminal proceedings in accordance with 3 Del. C. §7203.

Under Delaware Code Title 3, the criminal penalties for exotic animal violations are defined as follows:

• Whoever violates this chapter shall for each offense be fined not more than $500, imprisoned not more than 30 days, or both.
• Each offense is counted separately, meaning multiple animals or multiple violations can compound penalties quickly.
• Seized animals are not returned to the owner after a violation — the animal may be relocated, placed with a licensed rehabilitator, or in some cases euthanized.

Federal law adds another dimension. Squirrels may only legally be bought from USDA-licensed breeders. If someone is trying to sell a squirrel without a USDA license, even if they are licensed by the state or county to possess that squirrel, that is wildlife trafficking and is a federal crime. Transporting a squirrel across state lines in violation of the destination state’s laws can also trigger federal charges under the Lacey Act, as squirrels “were being kept in captivity contrary to state law” in documented cases, and if the animal was illegally transported into the state, owners could face federal charges under the Lacey Act.

Failing to acquire permits often leads to confiscation and relocation or euthanasia for the animal. The risk is not just legal — it falls on the squirrel itself. If you are researching squirrel ownership, also take time to understand what animals eat squirrels in the wild and what different types of squirrels exist, so you can make the most informed choice about which species, if any, is right for your home and legal situation.

If you are interested in squirrels but find Delaware’s regulatory landscape too complex, it is worth exploring how neighboring states handle the question. Our comparisons of squirrels in New York and squirrels in Ohio can give you a sense of the regional variation in both species and regulations. For those who remain committed to pursuing ownership in Delaware, the most important first step is a direct call to the Delaware Department of Agriculture at (302) 698-4561 to confirm your specific species is eligible for an individual permit before spending any money or time on enclosure setup.