Can You Own a Squirrel in South Dakota? Laws, Permits, and What to Know

South Dakota sits in an unusual position when it comes to squirrel ownership. Unlike states that flatly prohibit pet squirrels or require a formal permit for every individual, South Dakota allows squirrels to be kept as pets under a specific condition: the animal must have been lawfully purchased from a state where squirrel ownership is legal. That one requirement shapes everything else about how you approach this decision.

Before you look at enclosures or track down a breeder, you need to understand how state law, game law, and local ordinances interact — because each layer can either open a door or close one. This guide walks through each of those layers so you can make an informed choice.

Is It Legal to Own a Squirrel in South Dakota?

According to Squirrel Forum’s state-by-state legal research, South Dakota is legal for squirrel ownership if the animal was lawfully acquired out of state with documentation, but it is illegal to catch and hold South Dakota native wildlife. That distinction is the foundation of the state’s approach.

Under South Dakota Legislature Law 41-1-2, no resident may acquire any game animal, game bird, or game fish to keep as a pet. Tree squirrels are classified as game animals and can be hunted during the regular hunting season, which means catching a wild squirrel from your backyard and keeping it as a companion is not a legal option.

South Dakota allows squirrels to be kept as pets as long as they were purchased from a state where they are legal. This creates a workable, if narrow, path to legal ownership. You are not required to obtain a state exotic pet permit the way some states mandate, but you do need clean documentation proving the animal’s lawful origin.

Important Note: South Dakota’s squirrel ownership rules are shaped by two separate legal frameworks — the game animal classification under the Department of Game, Fish and Parks, and the nondomestic mammal rules under the Animal Industry Board. Always verify the current status of both before acquiring any squirrel. Laws can change, and confirming directly with the South Dakota Game, Fish and Parks is the safest step you can take.

If you are interested in other animals that occupy a similar legal gray zone in the state, the exotic pets legal in South Dakota overview covers the broader regulatory picture across species categories.

Which Squirrel Species Are Legal in South Dakota?

South Dakota is home to several native squirrel species. The fox squirrel (Sciurus niger) and the eastern gray squirrel (Sciurus carolinensis) are the most commonly encountered tree squirrels in the state, and both are classified as game animals. Because of that classification, neither can be taken from the wild and kept as a pet.

The thirteen-lined ground squirrel (Ictidomys tridecemlineatus) is also native to South Dakota and similarly falls under wildlife protection rules. According to the South Dakota Game Fish and Parks website, owning any game animal is illegal. That applies regardless of whether the animal was found injured, raised from a juvenile, or appeared to be abandoned.

Massachusetts and Montana allow pet squirrels only if they are flying squirrels, and while South Dakota does not impose that same species-specific restriction, the practical reality is that most legally sourced pet squirrels available from out-of-state breeders tend to be southern flying squirrels (Glaucomys volans). These small, nocturnal animals are more commonly bred in captivity and are therefore easier to obtain with the documentation South Dakota requires.

Certain states restrict ownership to specific squirrel species, such as red squirrels or flying squirrels, while prohibiting others like gray or fox squirrels. South Dakota does not publish such a species-specific approved list for imported squirrels, so the safest approach is to contact the Department of Game, Fish and Parks directly to confirm which captive-bred species they will accept documentation for.

Pro Tip: Never assume that a species not explicitly listed as prohibited is automatically permitted. South Dakota’s regulatory framework focuses heavily on the source of the animal rather than the species name, so documentation of lawful acquisition carries more weight than the species itself.

Permit and License Requirements in South Dakota

South Dakota statutes establish the Animal Industry Board, which promulgates rules to allow nondomestic mammals that are safe to the public and to the free-roaming animals of the state to be imported or possessed. The Board regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals.

A permit from the board is required to import nondomestic animals. In addition, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, listed under the relevant regulatory section. However, squirrels are not listed among the specifically restricted nondomestic mammals that require a possession permit — those categories focus on carnivores such as members of the families Ursidae, Felidae, Hyaenidae, Canidae, and Mustelidae.

What South Dakota does require is proof of lawful acquisition. You will usually need to prove where your squirrel came from — often a bill of sale from a USDA-licensed breeder. Officials might also ask for your cage plans or a vet’s contact information. Keep all purchase records, breeder certifications, and any export permits from the state of origin in a file you can produce on request.

Permit applications in states that require them usually ask for proof your squirrel came from a breeder, and you will need to show how you will house and care for it. Fees, inspections, and renewals are common. Your state wildlife or agriculture agency will have the specific details. Even where South Dakota does not mandate a formal possession permit for lawfully sourced squirrels, contacting the Animal Industry Board before acquiring the animal is a practical step that can prevent problems later.

For comparison, South Dakota’s approach to other animals that do require Board oversight is detailed in the hedgehog ownership laws in South Dakota article, which illustrates how the permit framework operates for small exotic mammals.

Where to Legally Obtain a Pet Squirrel in South Dakota

Legal pet squirrels must come from a USDA-licensed breeder. You must obtain and keep documentation proving the animal’s legal origin, as this is the first thing an inspector will ask to see. South Dakota does not have licensed squirrel breeders operating within the state, so you will need to look to other states where squirrel breeding is permitted and regulated.

Arkansas, Idaho, Louisiana, New Mexico, Oklahoma, Tennessee, Utah, Virginia, West Virginia, and Wyoming all allow people to own pet squirrels — and breeders in several of those states operate legally and sell to buyers in states like South Dakota that accept out-of-state acquisitions with documentation. Verify that the breeder holds a current USDA license and can provide a detailed bill of sale that includes the animal’s origin, date of birth, and the breeder’s license number.

Never catch a wild squirrel if the law says it’s not allowed — most states ban wild-caught pets and want proof your animal was born in captivity. In South Dakota, taking a native squirrel from the wild is prohibited under the game animal statutes regardless of the animal’s apparent condition or age.

According to the South Dakota wildlife association, young squirrels can appear to be orphaned in the early spring and summer. However, most are not abandoned, and the mother is likely searching for food for herself and her young. Taking the squirrels into captivity exposes them to stress, potential injury, and health problems. The best course is to leave them and monitor from a distance. If the squirrels are truly orphaned, they will need to be taken into rehabilitation.

Pro Tip: Ask any breeder you contact to provide copies of their USDA license, the squirrel’s health certificate, and documentation showing the animal was born in captivity. Keep digital and physical copies of everything. This paperwork is your primary legal protection in South Dakota.

Housing and Care Requirements in South Dakota

South Dakota does not publish a standalone set of squirrel housing specifications the way some states do, but the state’s animal cruelty and neglect statutes create a baseline that applies to any animal you keep. Under South Dakota law, “neglect” means failing to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered standard and accepted for an animal’s health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor.

That standard means your enclosure and care routine need to reflect what is genuinely appropriate for a squirrel’s biological needs. Permit applications in states that regulate squirrel housing may require a description of the proposed enclosure demonstrating it meets minimum size requirements, such as a cage at least four feet by four feet and six feet high for up to two arboreal squirrels. Even if South Dakota does not mandate those exact dimensions, they represent the accepted industry standard for humane squirrel housing.

The enclosure should include climbing structures, branches, a nest box, and safe chew items. If you own a flying squirrel, set up an escape-proof enclosure large enough for climbing and gliding. Add sturdy branches, a cozy nest for hiding, and a few safe chew toys. Keep the bedding clean and swap it out every week — that helps cut down on disease risk significantly.

Diet is another area where squirrels have specific requirements. Offer a balanced diet that includes nuts (in moderation), fresh fruits and vegetables, and protein appropriate to the species. Avoid processed human snacks and anything toxic, like chocolate or avocado. Bring your squirrel to a vet who understands exotic pets or wildlife. Finding a South Dakota veterinarian with exotic animal experience before you acquire the squirrel, not after, is a practical step that will save you stress down the line.

South Dakota’s wildlife and the animals that share the state’s landscape are worth understanding broadly. If you want context on the state’s fauna, the venomous animals in South Dakota guide and the types of bats in South Dakota article offer useful background on what native wildlife looks like across the state.

Local and Municipal Restrictions in South Dakota

Many municipalities impose additional bans or tighter regulations beyond state requirements. Local ordinances often define “exotic animals” with specific lists that can include animals not covered by state nondomestic mammal rules. This is one of the most practically significant aspects of squirrel ownership in South Dakota, and it is where many prospective owners run into unexpected problems.

Some South Dakota cities specifically prohibit exotic animals unless lawfully permitted beforehand, but define their own lists of what constitutes an “exotic animal” separate from state classifications. You might have a valid state-level arrangement but still violate local ordinances. Sioux Falls, Rapid City, and Aberdeen all have municipal animal codes that may treat squirrels differently than state law does.

State laws set the basics, but cities and counties can add their own restrictions. Even if your state allows pet squirrels, your city or HOA might not. Always double-check local laws and zoning rules before you get a squirrel. Ask your landlord or HOA in writing, just to be safe. It is also smart to call animal control or your city clerk.

Local municipalities can also have restrictions on exotic animals, and squirrels are considered exotic animals. Check with your local municipality before you seek a squirrel. They may also have additional city or county bylaws that you need to be aware of.

If you rent your home, your lease may contain a clause restricting exotic animals even if neither state nor municipal law prohibits them. Get written confirmation from your landlord before bringing any squirrel home. For a broader look at how local animal laws operate in South Dakota, the rooster crowing laws in South Dakota and goat ownership laws in South Dakota articles show how municipal and county rules layer on top of state law across different animal types.

Penalties for Illegal Squirrel Ownership in South Dakota

The consequences for getting this wrong are real and can be permanent. Possessing a squirrel illegally — whether in a prohibited jurisdiction or without the necessary permits in a legal one — carries serious consequences. Penalties can range from fines to criminal charges.

A common consequence is the mandatory surrender or confiscation of the animal by state wildlife authorities. In some cases, confiscated animals may be euthanized due to concerns about disease transmission or their inability to be safely reintroduced into the wild. That outcome is something no responsible owner wants, which is why getting the documentation right before acquisition matters so much.

Violations of wildlife laws can result in civil penalties of up to $500 for each offense. For knowing violations under federal acts like the Lacey Act, which prohibits illegal wildlife trade, criminal penalties for individuals can include fines up to $20,000 and imprisonment for up to five years.

Under South Dakota’s animal cruelty statutes, any person who subjects an animal to cruelty is guilty of a Class 6 felony. This applies regardless of whether the animal is legally owned — mistreating a squirrel you possess lawfully still carries criminal exposure under state law.

Once a permit is issued in states that require one, it comes with a stringent set of rules. Violating any of those conditions can result in immediate seizure of the animal, hefty fines, and a permanent ban on owning wildlife. Even in South Dakota, where a formal possession permit is not always required, the documentation-based framework means that failing to maintain proper records can expose you to enforcement action.

For related legal context on South Dakota’s approach to wildlife regulations, see the roadkill laws in South Dakota article, which covers how the state treats native wildlife possession more broadly. The pit bull laws in South Dakota page also illustrates how animal ownership regulations can vary significantly at the local level within the same state.

Key Takeaway: South Dakota permits squirrel ownership when the animal is lawfully acquired from an out-of-state source with full documentation. Catching a native squirrel from the wild is illegal under game animal statutes. Before acquiring any squirrel, confirm the current rules with the South Dakota Department of Game, Fish and Parks and your local municipality — both layers of law apply to you simultaneously.

The legal path to owning a squirrel in South Dakota is narrow but real. It requires a lawfully sourced animal, clean paperwork, appropriate housing, and a clear understanding of what your city or county allows on top of state rules. If you approach it methodically — starting with a call to state and local authorities before you ever contact a breeder — you put yourself in the strongest possible position to keep both your squirrel and your legal standing intact.