Snake Removal Laws in Delaware: What You Can (and Can’t) Legally Do

Finding a snake coiled near your porch or gliding through the garden raises an immediate question: can you handle it yourself, or does the law require something more formal? Snake removal laws in Delaware depend on a handful of factors — which species you’re dealing with, whether it’s protected, and where the encounter happens. Get it wrong, and a well-meaning relocation can turn into a citation.

Delaware keeps things simpler than many states because it has so few species to worry about. Still, the rules around protected wildlife, permits, and the state’s only venomous snake are specific enough that a little clarity goes a long way before you reach for a bucket or a shovel.

Pro Tip: Before taking any action, confirm what species you’re looking at. Delaware’s guide to native snake species can help you tell a harmless watersnake from a copperhead in seconds.

Is It Legal to Remove or Relocate a Snake Yourself in Delaware

Whether you can legally move a snake yourself comes down to its protection status. Relocating a non-protected snake species is legal in Delaware if it is done with permission from the landowner where the snake is released. That covers most of the snakes homeowners actually encounter, since the state’s common species — Eastern rat snakes, black racers, garter snakes, and watersnakes — carry no special legal protection.

The calculation changes for a handful of rarer species. Relocating a protected snake species is illegal in Delaware unless authorized by a permit from the Department of Agriculture. This protection framework traces back decades: the Delaware Protected Species Program operates within the broader regulatory framework of the Delaware Nongame and Endangered Species Conservation Act, which was enacted in 1972 to protect and conserve the state’s native wildlife species, particularly those that are rare, threatened, or endangered.

The program is administered and enforced by the Delaware Department of Natural Resources and Environmental Control (DNREC) and works in conjunction with federal regulations such as the Endangered Species Act. In practice, that means moving a snake off your own land is generally fine for common species, but crossing property lines, capturing a protected species, or bringing a snake home as a pet each trigger different legal requirements covered later in this article.

Protected Snake Species in Delaware

Delaware’s snake population is smaller than most states’, which makes tracking protected species more manageable. Despite its small size, there are 19 species of snakes in the First State. Of the state’s broader reptile and amphibian population, a total of 67 amphibian and reptile species are native to Delaware, and of these, 12 are listed by the state as Endangered and five are also federally listed.

Two of those 12 endangered species are snakes. The red corn snake (Pantherophis guttatus) and plain-bellied watersnake (Nerodia erythrogaster) both carry state-endangered status. The red corn snake and plain-bellied watersnake are state-listed as endangered due to limited habitat. DNREC’s Wildlife Action Plan groups both among its highest-priority species: Tier 1 species include the tiger salamander, barking tree frog, bog turtle, eastern box turtle, red corn snake and plain-bellied water snake.

The four snakes you’re most likely to actually run into carry no such protection. The four most common species are the Eastern rat snake, black racer, common garter snake and common watersnake.

Species	Protection Status	Venomous
Eastern Copperhead	Not state-listed	Yes — Delaware’s only venomous species
Red Corn Snake	State-endangered	No
Plain-Bellied Watersnake	State-endangered	No
Eastern Rat Snake	Common, not listed	No
Black Racer	Common, not listed	No
Common Garter Snake	Common, not listed	No
Common Watersnake	Common, not listed	No

For a fuller rundown of what’s slithering around your neighborhood, the complete list of Delaware snake species breaks down identification markers for each. Delaware’s endangered species program covers far more than reptiles, too — see the overview of endangered animals in Delaware for the full picture of state and federal listings.

Permit Requirements for Snake Removal in Delaware

Delaware splits snake-related permitting between two agencies, which trips up a lot of homeowners researching this topic. The Department of Agriculture handles possession of snakes not native to the state. No person shall bring into this State, possess, sell or exhibit any live wild mammal or hybrid of a wild mammal or live reptile not native to or generally found in Delaware without first securing a permit under this chapter. That permit isn’t free but isn’t expensive either: the Department shall receive a fee of $25 for each and every permit issued.

Non-native venomous species get a harder line. No person shall bring into this State, possess, sell or exhibit any poisonous snake not native to or generally found in Delaware where the venom of such snake poses a risk of serious injury or death to a human, and no permit for the same shall be issued by the Department of Agriculture. In other words, you cannot legally obtain a permit for an exotic venomous snake in Delaware under any circumstances.

Key Insight: Permits under Title 3 Chapter 72 govern possession of exotic and non-native reptiles. Relocating a native, state-protected snake like the red corn snake falls under a separate DNREC framework tied to the Nongame and Endangered Species Conservation Act.

Anyone running a paid removal business faces a third layer of permitting entirely. All commercial nuisance wildlife control operator companies conducting work in Delaware must register with the Division and obtain a permit to be able to resolve human/wildlife conflicts. You can review the state’s official application process through Delaware’s Business First Steps nuisance wildlife control permit page. For readers dealing with wildlife outside of snakes, Delaware’s hunting laws cover related permitting for game species that sometimes overlap with nuisance wildlife situations.

When You Can Legally Kill a Snake in Delaware

This is where Delaware law gets less black-and-white than homeowners expect. The state does grant a narrow, permit-free exception for a short list of nuisance animals, but it’s worth reading closely because snakes aren’t on it. Within the limits of residential or commercial areas of incorporated cities or towns, or within residential or commercial structures, the following game animals may be controlled (killed) without a permit when they are causing damage: gray squirrel, raccoon, rabbit and opossum.

Notice what’s missing from that list. Snakes aren’t included, which means there’s no blanket, codified permission to kill a snake on sight simply because it’s on your property, even in town limits. Methods used to control said animals must be consistent with the laws of this State and the regulations of the Department and only box/cage live traps may be used (without a depredation permit) outside of established trapping seasons.

Important Note: This article summarizes publicly available Delaware wildlife regulations for general informational purposes and is not legal advice. Because state law does not spell out a blanket right to kill non-protected snakes, contact DNREC’s Division of Fish and Wildlife or a licensed nuisance wildlife control operator before taking lethal action, especially if you’re unsure of the species.

Killing a state-protected species like the red corn snake or plain-bellied watersnake is a separate matter entirely and exposes you to the penalties detailed later in this article. If you come across a snake that’s already dead, whether from a vehicle strike or another cause, Delaware’s roadkill laws outline what you can and can’t legally do with the remains.

Rules for Venomous Snake Removal in Delaware

Delaware keeps its venomous snake list about as short as it gets. Delaware only has one species of snake that is venomous – the eastern copperhead. The eastern copperhead (Agkistrodon contortrix) isn’t spread evenly across the state, either. Although often reported throughout the state, this species is found only in southern Sussex County and near Wilmington.

Misidentification is common enough that DNREC calls it out directly. Reports from other localities, when supported with photographs, have turned out to be misidentifications most often of young rat snakes, watersnakes and eastern hog-nosed snakes. The real thing has a distinctive pattern: in addition to their copper-colored head and cat-like vertical pupils, the copperhead is the only species of snake in Delaware that has dark hourglass shaped crossbands that are narrowest at the center of the back and wider at the belly.

Common Mistake: Assuming any brown or banded snake in your yard is a copperhead. Young rat snakes and hog-nosed snakes are frequently misidentified as venomous, according to DNREC’s own field reports.

Even a copperhead bite is rarely as dangerous as people assume. Copperheads rely on their venom to capture prey and as a defense, and because their venom is essential to feeding, a snake may choose not to use its venom on a defensive bite. In fact, a bite from a venomous species that does not inject any venom is referred to as a “dry bite.”

None of that makes DIY removal a good idea. Handling any venomous snake without training carries real risk, and Delaware’s exotic-species permitting rules make clear that non-native venomous snakes with medically significant venom cannot be legally possessed under any permit. If a copperhead shows up near your home, the safest and most legally sound move is calling a registered nuisance wildlife control operator rather than attempting capture yourself. Chickens and other backyard livestock can attract rodents that in turn draw snakes, so if you keep a coop, Delaware’s backyard chicken laws are worth reviewing alongside your snake-prevention plan.

Hiring a Licensed Wildlife Removal Operator in Delaware

Delaware requires anyone offering paid snake or wildlife removal services to be registered and permitted through DNREC’s Division of Fish and Wildlife. To be permitted, all nuisance wildlife control companies must have their employees that are conducting nuisance wildlife control work complete and satisfactorily pass a nuisance wildlife control certification program designated by the Division if they have not already done so within the past 5 years. That certification doesn’t last forever, either: each employee must be re-certified every 5 years.

Once certified, operators carry proof of their standing on the job. Each employee shall retain in their possession the permit issued to the company, and this permit is to be carried by the employee when performing nuisance wildlife control work and is to be displayed upon request. You have every right to ask to see it before letting someone onto your property. Some Eastern Shore operators list their permit numbers publicly — for example, one company serving Sussex County is based locally and fully permitted (Permit #2018-NWCO-098), which is exactly the kind of detail worth confirming before you hire anyone.

A properly licensed operator typically handles more than the capture itself. The team uses snake hooks, tongs, and secure containers to handle the animal without causing injury or stress. Good operators also:

• Inspect your property for entry points and habitat features that attract snakes
• Identify the species on-site before deciding on capture and release protocol
• Follow DNREC relocation guidance rather than releasing snakes wherever is convenient
• Provide documentation of their permit status when asked

Every state handles nuisance wildlife permitting a little differently, which matters if you split time between properties or travel for work. Delaware’s approach shares some structure with wildlife removal laws in Virginia and differs more noticeably from frameworks in California, Minnesota, and Arizona, where climate and native species drive very different rules.

Penalties for Illegally Killing or Relocating a Snake in Delaware

Getting this wrong isn’t just a technicality — Delaware enforces its wildlife code with real financial and criminal consequences. Violations tied to Title 3 Chapter 72, which governs exotic and protected species possession, carry a defined penalty. Whoever violates this chapter shall for each offense be fined not more than $500, imprisoned not more than 30 days, or both, and justices of the peace shall have jurisdiction over offenses under this chapter.

Broader wildlife violations follow a different, and often steeper, structure. Delaware enforces its wildlife laws through a tiered penalty system, and violations can add up quickly, since wildlife violations in Delaware are classified as environmental violations under Title 7 of the Delaware Code. The tiered approach also means repeated or multiple violations don’t get bundled into one charge. The setting of each trap in violation of state trapping regulations is a separate offense, meaning that setting five illegal traps is five separate charges, not one. The same logic can apply to repeated illegal handling of protected wildlife.

Licensed operators face their own accountability structure. It is worth noting that failure to follow Division policies may result in the revocation of the Nuisance Wildlife Control Operator permit. That gives you recourse if a hired professional acts outside the law on your property — you can report it, and the state can pull their credentials. If you witness illegal killing, capture, or sale of a protected snake, contact the Delaware Natural Resources Police Fish and Wildlife Unit at 800-523-3336.

Important Note: Penalty amounts and enforcement structures can change as Delaware updates its administrative code. Confirm current fine amounts and classifications directly with DNREC’s Division of Fish and Wildlife before assuming a specific dollar figure applies to your situation.

Most snake encounters in Delaware end the same simple way: identify the species, leave it alone or relocate it with the landowner’s permission if it’s non-protected, and call a registered operator when a copperhead or a protected species is involved. Knowing which category you’re dealing with before you act is what keeps a routine backyard visitor from turning into a legal headache.