Can You Own a Squirrel in New Mexico? What the Law Actually Says
July 31, 2026
New Mexico sits in a rare position among U.S. states — it does not broadly prohibit residents from keeping a squirrel as a pet. Arkansas, Idaho, Louisiana, New Mexico, Oklahoma, Tennessee, Utah, Virginia, West Virginia, and Wyoming all allow people to own pet squirrels. That puts the Land of Enchantment in a short list of states where this kind of ownership is genuinely on the table.
That said, permissible is not the same as simple. New Mexico’s wildlife framework involves multiple agencies, a layered importation classification system, and local ordinances that can tighten the rules well beyond what state law alone requires. Before you bring a squirrel home, understanding exactly where the legal lines fall will save you from costly mistakes.
This guide walks you through everything you need to know — from which squirrel species are legal to own, to sourcing, housing, and the penalties that follow a violation of the Wildlife Conservation Act.
Is It Legal to Own a Squirrel in New Mexico?
At the time of this writing, it is legal to own a pet squirrel in New Mexico. The state is vague on the types of laws for wildlife species kept as pets, which means there is no single statute that explicitly authorizes squirrel ownership — but there is also no blanket prohibition against it.
New Mexico prohibits private ownership of certain exotic animals without specific authorization, and the New Mexico Department of Game and Fish (NMDGF) enforces these restrictions under the state’s Wildlife Conservation Act. Squirrels do not appear on the prohibited species list alongside animals like bears, wolves, big cats, and primates, which is why they remain accessible to private owners.
The New Mexico Department of Game and Fish maintains a list of animals that are legal and illegal to own. The animals are placed into one of four importation groups: Group I for semi-domesticated animals not requiring a permit; Group II for live non-domesticated animals not known to be invasive or dangerous; and Group III for live non-domesticated animals presenting minimal or manageable concerns that require specific provisions prior to issuing an importation permit.
Laws change constantly when it comes to owning exotic pets, so if you’re thinking about getting a pet squirrel, you’ll need to do your due diligence, as it’s a lot different than owning a cat or a dog. Checking directly with the NMDGF’s Special Use Permits office before acquiring any animal is always the safest first step.
Important Note: State-level legality does not override local ordinances. Your city or county may impose additional restrictions on squirrel ownership even when New Mexico state law permits it. Always verify at both levels before acquiring a squirrel.
Which Squirrel Species Are Legal in New Mexico?
There are four species of squirrels found in New Mexico: the Abert’s, fox, gray, and red. They require different habitats and can be found in varied locations around the state. Understanding which species you are dealing with matters both ecologically and legally, since state-threatened subspecies carry additional protections.
The Abert’s squirrel (Sciurus aberti) is one of the most recognizable animals in the state. Known also as the tassel-eared squirrel, it has long tufts of hair on each ear that disappear in summer. It has a dark gray coat, a pure white underbelly, and a noticeable rusty brown patch of fur on its back. Abert’s squirrels live primarily in coniferous forests close to their favorite tree, the Ponderosa Pine, which provides everything from food to nesting to protection from predators. Because of their highly specialized diet and habitat requirements, Abert’s squirrels are a poor fit for captivity.
The eastern fox squirrel (Sciurus niger) is the species most commonly encountered in suburban settings. The largest of the four species, it has a golden-brown body and can be found in pecan and walnut orchards near Roswell and Carlsbad, as well as in riparian areas along the southern Pecos River. Fox squirrels adapt more readily to human environments and are the species most often kept as pets in states where ownership is legal. You can explore the different types of squirrels to better understand how fox squirrels compare to other species.
New Mexico is also home to the rock squirrel, known for its robust build and preference for rocky habitats, and several ground squirrel species adapted to the state’s varied ecosystems. According to New Mexico’s wildlife regulations, residents are not required to have a license to take nongame species, which include ground squirrels, prairie dogs, and porcupines. You can read more about types of ground squirrels to identify which ground-dwelling species are native to your region.
Data on legal squirrel ownership typically applies to native squirrels such as red, gray, and fox squirrels. Non-native species and flying squirrels may be subject to different regulations. States where flying squirrels are legal to keep as pets include New Mexico, making the southern flying squirrel another option worth researching. Learn more about flying squirrels and their specific care needs before pursuing one as a pet.
One critical caveat: the Wildlife Conservation Act (17-2-37 NMSA 1978) prohibits any person from transporting, selling, possessing, or exporting any species deemed endangered by the state. The Chiricahua fox squirrel subspecies found in New Mexico’s southwestern mountain ranges is monitored for conservation concerns, so confirm a species’ status with the NMDGF before proceeding.
Pro Tip: Fox squirrels and southern flying squirrels are the two species most commonly kept as pets in New Mexico. Both adapt more readily to captivity than the highly specialized Abert’s squirrel, which relies almost exclusively on Ponderosa Pine for food and shelter.
Permit and License Requirements in New Mexico
It is not entirely clear whether a permit is required to own a pet squirrel in New Mexico. However, the state requires annual permitting fees for dogs and cats, which suggests a permit would likely be required for squirrels and other exotic animals. This ambiguity is a recurring theme in New Mexico’s exotic pet framework, and it makes direct contact with the NMDGF essential.
New Mexico requires permits for individuals and organizations seeking to own certain exotic animals. The NMDGF oversees this process, which varies based on species and purpose. Applicants must justify ownership by detailing housing, veterinary care, and contingency plans for escapes or emergencies.
If you are bringing a squirrel into New Mexico from another state, the importation regulation framework applies directly. NM ADC 19.35.7, enforced by the New Mexico Department of Game and Fish, covers persons who desire to bring wildlife species into the state. Its stated objective is to provide consistent criteria for the importation of live non-domesticated animals and to protect native wildlife against the introduction of contagious or infectious diseases and undesirable species.
According to Animal Protection Services, anyone selling animals must have a permit. This means the breeder or dealer you purchase from also carries a legal obligation, and verifying their credentials protects you from unknowingly receiving an animal obtained through illegal channels.
| Permit Type | Who It Applies To | Governing Body |
|---|---|---|
| Importation Permit (19.35.7 NMAC) | Anyone bringing a non-domestic animal into NM from out of state | NMDGF |
| Animal Dealer/Seller Permit | Breeders and dealers selling animals in NM | Animal Protection Services |
| Personal Possession Permit | Individuals seeking to keep certain regulated wildlife | NMDGF |
| Educational/Exhibition Permit | Zoos, sanctuaries, research institutions | NMDGF / Federal (AWA) |
Personal possession permits are the most difficult to obtain due to public safety and animal welfare concerns. Educational and exhibition permits, granted to zoos, wildlife sanctuaries, and research institutions, require compliance with federal laws such as the Animal Welfare Act.
Where to Legally Obtain a Pet Squirrel in New Mexico
How you acquire a squirrel matters as much as whether you can own one. New Mexico law draws a clear line between captive-bred animals from licensed sources and wild-caught squirrels, and the consequences of crossing that line are serious.
It is illegal to trap wild animals on public land — doing so results in criminal charges. If you’re interested in purchasing a squirrel raised in captivity, be sure to purchase from a licensed dealer or breeder. Failure to do so can result in arrest, especially if someone reports you.
You will usually need to prove where your squirrel came from — often a bill of sale from a USDA-licensed breeder. Keep that documentation permanently. If your ownership is ever questioned by a conservation officer, that paper trail is your primary defense.
- Search for USDA-licensed exotic animal breeders who specialize in squirrels and ship to New Mexico
- Contact the NMDGF to ask whether they maintain a list of approved sellers or dealers in the state
- Avoid online classified listings or social media sellers who cannot provide a bill of sale or breeder license number
- Never accept a squirrel from someone who claims to have “rescued” it from the wild without proper rehabilitation credentials
Senate Bill 32 prohibits trapping on all public land in New Mexico. Anyone caught violating this law runs the risk of being charged with a misdemeanor. Even on private property, trapping a wild squirrel with intent to keep it as a pet carries significant legal risk under the Wildlife Conservation Act.
For context on how squirrel ownership works across the country, the types of squirrels in the US resource gives a useful overview of species distribution and regional considerations.
Housing and Care Requirements in New Mexico
Squirrels are not domesticated animals. They retain strong instincts for climbing, chewing, and foraging, and a setup that would suit a rabbit or ferret will not meet a squirrel’s needs. New Mexico’s arid, high-desert climate also adds environmental considerations that owners in more temperate states do not face.
According to the City of Albuquerque’s Animal Protection Services website, there are standards for animal care. While they primarily pertain to domesticated animals, a pet squirrel would likely fall under the same laws, which include providing clean water and adequate shelter and shade. In New Mexico’s summer heat — which regularly exceeds 95°F in cities like Albuquerque and Las Cruces — shade and hydration are non-negotiable.
Here are the core housing and care standards you should plan for:
- Enclosure size: A minimum of 2 feet wide by 2 feet deep by 4 feet tall is a starting point for a single squirrel; larger is always better. Wire mesh construction with small gaps prevents escape and injury.
- Enrichment: Branches, platforms, tunnels, and foraging puzzles replicate the mental stimulation squirrels get from natural foraging behavior. Without enrichment, captive squirrels develop stress behaviors.
- Diet: A varied diet of nuts, seeds, fruits, vegetables, and protein sources mirrors what squirrels eat in the wild. Avoid feeding only sunflower seeds or corn — both are nutritionally incomplete and can lead to metabolic bone disease.
- Veterinary care: Bring your squirrel to a vet who understands exotic pets or wildlife. Regular checkups matter. Finding an exotic-animal vet in New Mexico before you acquire the squirrel — not after — is strongly recommended.
- Temperature management: New Mexico’s temperature swings between hot summers and cold mountain winters mean indoor housing or a climate-controlled outdoor enclosure is necessary for year-round welfare.
To help prevent disease and stress, socialize your squirrel properly. Some squirrels need a companion, but others do fine solo. Hand-raised squirrels obtained young tend to bond with their owners more readily, but they also become highly dependent on human interaction — a commitment that lasts the animal’s full lifespan.
If squirrels are causing issues in your yard while you research ownership, the guide on plants that repel squirrels offers practical, humane deterrent strategies. You may also want to understand animals that eat squirrels to better appreciate the predator pressures that shape squirrel behavior in New Mexico’s outdoors.
Pro Tip: New Mexico’s elevation ranges from below 3,000 feet in the Chihuahuan Desert to over 13,000 feet in the Sangre de Cristo Mountains. If you live at higher elevation, winter temperatures will require additional heating provisions for any outdoor or semi-outdoor squirrel enclosure.
Local and Municipal Restrictions in New Mexico
State law sets the floor, not the ceiling. Pet squirrels may be regulated at the county, municipal, or local level even in states where they are legal at the state level. This is especially relevant in New Mexico’s larger cities, where animal ordinances are maintained separately from state wildlife regulations.
Local municipalities can have restrictions on exotic animals, and squirrels are considered exotic animals. Check with your local municipality before you seek a squirrel permit. They may also have additional city or county bylaws that you need to be aware of.
Albuquerque, Santa Fe, and Las Cruces each maintain their own animal protection codes. The state allows residents to own six pets, with no more than four dogs, and some municipalities mirror or tighten that cap. A squirrel could count toward your household’s pet total depending on how local ordinances define “pet.”
Additional local factors to check before acquiring a squirrel in New Mexico:
- Rental agreements: If you are renting a house or apartment, there may be a clause in the lease agreement concerning pets. Consult the lease and contact the landlord if it is unclear.
- HOA rules: Many homeowners live in areas with homeowners associations that could have rules regarding pets. A property owner may say they allow flying squirrels but may not be aware of local or state laws — their consent alone does not make it legal.
- Zoning designations: Some rural and agricultural zones in New Mexico have different rules regarding the keeping of wildlife than residential zones in incorporated cities.
Cities and towns can have laws restricting pets such as flying squirrels. Calling city hall or municipal offices can provide an answer at the local level, and they may also be able to give contact information for the office responsible for pet-related regulations.
New Mexico’s diverse wildlife extends well beyond squirrels. If you’re curious about other animals in the region, explore the guides on owls in New Mexico, hawks in New Mexico, and rattlesnakes in New Mexico to understand the full ecological picture of the state.
Penalties for Illegal Squirrel Ownership in New Mexico
New Mexico takes wildlife violations seriously. The NMDGF employs conservation officers with broad enforcement authority, and the consequences of non-compliance range from financial penalties to criminal charges.
The state limits the type of animals you can keep, and the laws are enforced by conservation officers who have the ability to fine or arrest any person who violates the Wildlife Conservation Act. The Wildlife Conservation Act (17-2-37 NMSA 1978) prohibits any person from transporting, selling, possessing, or exporting any species deemed endangered by the state.
Failure to purchase from a licensed dealer can result in arrest, especially if someone reports you. A search warrant can be issued, and wildlife officers have the right to search your vehicles, home, and any other property, and seize any animal they believe was taken or held in violation of the Wildlife Conservation Act.
Routine inspections and public reports help identify illegal exotic animal ownership. Violators may face administrative hearings before formal legal action. First-time offenders who voluntarily surrender their animals may receive leniency, but repeat violations or deliberate attempts to circumvent the law typically result in harsher penalties.
Specific penalty categories to understand:
- Wild-trapping on public land: Senate Bill 32 prohibits trapping on all public land in New Mexico, and anyone caught violating the law runs the risk of being charged with a misdemeanor.
- Possession of prohibited species: Owning animals on the NMDGF’s prohibited list — such as alligators, wolves, or crocodiles — can result in criminal charges independent of any squirrel-specific violations.
- Selling without a permit: The state recommends reporting anyone selling animals without a permit by contacting the Animal Welfare Department.
- Importation violations: Bringing a non-domestic animal into New Mexico without the required importation permit under 19.35.7 NMAC exposes both the importer and the recipient to enforcement action.
New Mexico courts have upheld strict enforcement measures, recognizing the risks associated with unregulated exotic animal ownership. The safest approach is full compliance from the start — verify your local rules, source from a licensed breeder, keep your documentation, and register with the appropriate municipal or state authority if required.
For broader context on squirrel biology and behavior before you commit to ownership, the squirrel resource hub and the guide to squirrel species across the US are useful starting points. You may also find the overview of New Mexico’s wildlife helpful for understanding the broader regulatory environment that governs native and non-native animals in the state.
Owning a squirrel in New Mexico is legally possible, but it demands careful preparation. Confirm the rules at the state and local level, buy only from licensed sources, build an appropriate enclosure, and keep your paperwork current. Do those things, and you can enjoy a rewarding relationship with one of the Southwest’s most adaptable wild animals — on the right side of the law.