Nuisance Wildlife Laws in Massachusetts: What Every Property Owner Must Know

Massachusetts ranks as the third most densely populated state in the U.S., which means wildlife conflicts are not rare events — they are a routine part of life for homeowners across the state. A raccoon in the attic, a woodchuck destroying the garden, or a skunk denning under the deck can feel urgent, and many residents reach for a live trap and assume the rest is simple.

The reality is more complicated. Massachusetts has very strict trapping laws, and residents can easily find themselves in trouble at the town and state level, which may result in hefty fines. Before you take any action, understanding the nuisance wildlife laws in Massachusetts can save you from costly mistakes — and help you resolve the problem the right way.

Pro Tip: When in doubt about any wildlife situation on your property, contact the MassWildlife Central District Office at 508-389-6300 for free technical advice before taking any action.

What Counts as Nuisance Wildlife in Massachusetts

Nuisance wildlife is broadly defined as any animal that interferes with human activities or that is menacing or destructive — including animals that eat birdseed, dig up gardens, enter homes, spread disease, or have become aggressive. However, the presence of a wild animal on your property alone does not automatically make it a nuisance under Massachusetts law.

Landowners may only address wildlife actually causing damage or posing immediate threats. No one may randomly destroy wildlife simply because it is on their property. This is a critical distinction. A coyote cutting through your yard is not the same as a coyote attacking your chickens. A squirrel in a tree is not the same as a squirrel that has chewed through your attic insulation.

Common examples of nuisance wildlife in Massachusetts include raccoons, squirrels, skunks, and bats. The Massachusetts Division of Fisheries and Wildlife also identifies woodchucks and opossums as animals that frequently come into conflict with residents. The key trigger for legal action is documented damage, a public health threat, or a direct safety risk — not mere inconvenience.

Your Rights as a Property Owner in Massachusetts

Massachusetts General Law, Chapter 131, Section 37, gives property owners the right to use lawful means to destroy wildlife in the act of causing damage or threatening personal safety. This is your primary legal foundation for acting on your own property — but it comes with clear limits.

Under M.G.L. c. 131, § 37, an owner or tenant of land — or an authorized member of their immediate family or employee — may kill or attempt to kill, by means other than poisoning or trapping, any wild bird damaging property, and may hunt or take by other means, except by poison or snare, any mammal found damaging their property (except grass growing on uncultivated land).

Homeowners do have the right to trap and humanely euthanize nuisance wildlife; however, few have the devices or means to do this. If you plan to set traps yourself, it is your responsibility — not Animal Control’s — to monitor traps every 24 hours and release non-target animals. Animal Control and local Health Departments urge residents to learn the laws regarding trapping and nuisance animal control before setting any traps.

Also important: Animal Control Officers are not licensed to remove unwanted wildlife from property, homes, or businesses — such as squirrels in attics, skunks under sheds, or raccoons in chimneys. You are responsible for resolving these situations through legal channels.

Important Note: Your rights under M.G.L. c. 131, § 37 apply only to wildlife actively causing damage on your land. Preventive or preemptive killing of wildlife is not authorized under this statute.

Legal Methods for Removing Nuisance Wildlife in Massachusetts

Massachusetts law recognizes several legal approaches for dealing with problem wildlife. The preferred strategy — and the one most consistently recommended by MassWildlife — is prevention and exclusion rather than trapping or lethal removal.

General best practices from MassWildlife include: not feeding wildlife, keeping garbage and compost in a secure container, not feeding pets outside, removing bird feeders, and closing off crawl spaces under porches, decks, and sheds. These steps eliminate the attractants that bring animals onto your property in the first place.

When prevention is not enough, the following methods are legally available to property owners:

• Exclusion: Exclusion techniques can be used to prevent wildlife from entering or damaging your property. This involves sealing entry points and using barriers to keep wildlife out. These techniques are often preferred over trapping or removal, as exclusion addresses the immediate problem and prevents future ones.
• Deterrents: Physical barriers like fences, netting, or grates can create boundaries that deter animals from entering specific areas. Non-lethal deterrents such as sound devices, motion-activated sprinklers, or natural repellents can also discourage wildlife from frequenting specific spaces.
• Lethal removal on-site: Under M.G.L. c. 131, § 37, property owners may kill wildlife actively damaging their property by lawful means other than poison or snare, provided no federal law is violated. Any deer killed under this provision must be handled according to specific reporting requirements (see below).
• Hiring a licensed PAC agent: Licensed Problem Animal Control (PAC) agents can be hired by landowners. If a wild animal is damaging your property or posing a threat to your safety, you can call a PAC agent for advice or for a home visit.

Poisoning wildlife is explicitly prohibited. Snares are also banned for most property owner uses. Property owners may only address wildlife actually causing damage or posing immediate threats — they may not randomly destroy wildlife as a preventive measure.

If you are dealing with nuisance wildlife in a neighboring state and want to compare approaches, see how the rules differ in New York, New Jersey, and Pennsylvania.

Relocation Rules in Massachusetts

This is the area of Massachusetts wildlife law that surprises most residents — and causes the most unintentional violations. The rule is straightforward but firm: Massachusetts law prohibits the capture and relocation of wildlife off your property.

“Under Massachusetts law, any wildlife that is removed must either be released on the same property or humanely euthanized.” Relocating wildlife elsewhere is unlawful and inhumane, as it often leads to suffering or death for the animal and disrupts local ecosystems. This applies to everyone — property owners, neighbors, and even licensed PAC agents.

It is illegal for anyone, including PAC agents, to live-trap a problem animal and move it for release on other public or private property. State law requires that captured animals removed from the property be euthanized.

Why does Massachusetts take this position? Most wildlife animals establish and fiercely defend territories. Releasing an animal in another’s territory almost guarantees an attack by the resident animal. The released animal is typically run off into yet another territory and attacked again, and usually dies from severe wounds or dehydration and malnutrition.

MassWildlife also warns that “simply removing an animal does not solve the problem — another will quickly take its place if the entry point remains open.” Exclusion, not relocation, is the durable solution.

Common Mistake: Many Massachusetts residents believe that catching a woodchuck or squirrel in a live trap and releasing it in a nearby park or wooded area is a humane solution. It is actually illegal and often fatal for the animal. Always consult a licensed PAC agent before trapping.

Species With Special Rules in Massachusetts

Beyond the general framework, several species in Massachusetts carry additional legal protections that change what you can and cannot do. Knowing these rules before you act is essential.

Bats

Bats are protected in Massachusetts, so killing or harassing them is illegal. Eviction from a home can only be done through the use of one-way doors on entry points before sealing them up. Bats can only be evicted during specific times of year. June and July are the bat breeding season when young may be born and nursing, so eviction is prohibited during those months, as well as in the winter. You can learn more about the bat eviction process at MassWildlife’s problems with wildlife page.

Beavers

Beavers (Castor canadensis) receive special handling under Massachusetts law. The Massachusetts Department of Wildlife has assigned local Boards of Health the responsibility of investigating nuisance beaver or muskrat complaints and issuing emergency removal permits. If you have damage caused by beaver flooding outside the November 1 through April 15 beaver trapping season, contact your local Board of Health for the necessary permit. Emergency licensed PAC agents or fur trappers may assist with the permit process.

Migratory Birds

All native birds are federally protected, as well as some non-native species. It is illegal to hunt, pursue, capture, kill, or possess any migratory bird, nest, or egg. This means you cannot move an active nest of birds simply because they are too close to your door or making a mess. If you have damage caused by migratory birds and other birds such as woodpeckers, which are protected under both state and federal law, you will require a permit from the U.S. Fish and Wildlife Service.

Coyotes

Coyotes (Canis latrans) cannot be handled by just any licensed professional. PAC agents may only handle coyotes if they have completed a MassWildlife training and certification program about coyotes. PAC agents must also follow certain reporting requirements before taking or attempting to take a coyote.

Deer

White-tailed deer (Odocoileus virginianus) killed by a landowner under M.G.L. c. 131, § 37 are subject to strict reporting obligations. Deer killed under this law must be surrendered to the Environmental Police (call 800-632-8075), and a written report must be submitted to the Division of Fisheries and Wildlife within 24 hours.

Endangered and Threatened Species

Massachusetts’ commitment to wildlife preservation is evident through the Massachusetts Endangered Species Act (MESA). This legislation aims to safeguard species facing extinction, prohibiting their removal or disturbance. If you suspect a protected or endangered species is involved in your wildlife conflict, stop all activity and contact MassWildlife before proceeding.

For a broader look at how neighboring states handle species-specific rules, see the guides for Connecticut and Virginia, or explore how the Great Lakes region approaches wildlife conflicts in Michigan.

When You Need a Licensed Wildlife Control Operator in Massachusetts

Massachusetts uses the title “Problem Animal Control (PAC) agent” for licensed wildlife control professionals. PAC agents are licensed individuals who act on your behalf to solve wildlife problems. PAC agents charge for their services.

A trapping license and a PAC license through the state of Massachusetts are both required to legally perform wildlife removal work. Without these, you cannot legally perform the work. This means that unlicensed neighbors, pest control companies without PAC credentials, or well-meaning friends cannot legally trap and remove wildlife from your property on your behalf.

PAC agents may harass, take, and destroy, or may release or liberate on site, non-domesticated reptiles, birds, and mammals whose actions have endangered the life and health of humans or domestic animals; damaged the property of a person; or obstructed the reasonable and comfortable use of property by the owner or tenant.

PAC agents may legally handle the following species: skunk, muskrat, raccoon, weasel, red fox, gray fox, porcupine, Norway rat, mice, voles, red, gray and flying squirrel, opossum, chipmunk, rabbit, woodchuck, snapping turtle, moles, pigeon, house sparrow, starling, and certain species of bats.

You should call a licensed PAC agent when:

• Wildlife has entered your home’s living space (attic, walls, crawlspace)
• An animal is displaying signs of illness, including disorientation or aggression in daylight
• The species involved requires special handling (bats, beavers, coyotes)
• You lack the equipment or knowledge to humanely euthanize a trapped animal on-site
• The situation poses a public health risk, such as a potential rabies exposure

You can find a PAC agent near you through the official MassWildlife PAC agent locator. For context on how other states structure similar licensing systems, the guides for Ohio, North Carolina, and Florida offer useful comparisons.

Penalties for Violating Nuisance Wildlife Laws in Massachusetts

Massachusetts enforces its wildlife laws with meaningful financial and criminal consequences. The penalties vary depending on whether general wildlife statutes or the Massachusetts Endangered Species Act (MESA) has been violated.

General Wildlife Violations

Violations of permit regulations can result in fines and legal consequences. Under M.G.L. c. 131, violations — including illegal trapping, unlawful relocation, and taking wildlife without authorization — can result in fines and potential criminal charges. Any person who violates the first paragraph of section two of MESA or the rules and regulations promulgated thereunder shall be punished by a fine of not less than $500 or imprisonment for not more than 90 days, or both.

Repeat and Aggravated Violations

Upon a second or subsequent conviction, a person shall be punished by a fine of not less than $5,000 nor more than $10,000, or by imprisonment for not more than 180 days, or both. More serious violations under MESA carry even steeper consequences: any person who violates the second paragraph of section two of MESA shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not more than 90 days, or both.

Restitution for Illegal Taking

In addition to other penalties, any person convicted of the illegal taking or illegal possession of animals resulting in injury, death, or destruction may be required to make restitution to the Commonwealth for the value of each animal. Restitution for a Species of Special Concern starts at $500 per animal. The commission of a prohibited act with respect to each individual animal or plant shall constitute a separate violation — meaning that harming multiple animals in one incident can multiply the penalties significantly.

Where the Fines Go

All fines and assessments received for violations of MESA are paid to the Commonwealth and deposited into the Natural Heritage Endangered Species Fund, which aids in the protection and enhancement of rare, threatened, and endangered species.

Key Insight: Illegal wildlife relocation — the most common unintentional violation in Massachusetts — can trigger fines under M.G.L. c. 131 even when the property owner believed they were acting humanely. The law applies regardless of intent.

Understanding how Massachusetts compares to other states can help you see the bigger picture. States like Illinois, Minnesota, and Washington each take distinct approaches to penalties and enforcement. Closer to home, the New York nuisance wildlife framework offers a direct point of comparison for New England property owners.

Massachusetts wildlife law is built around a clear philosophy: exclusion and prevention are always preferred, relocation is always prohibited, and lethal action — when necessary — must happen on-site and within the bounds of the law. Knowing these rules before a wildlife conflict escalates is the best way to protect both your property and yourself from legal exposure. If you are unsure about any situation, the MassWildlife problems with wildlife resource and a licensed PAC agent are your most reliable starting points.