Can You Own a Squirrel in Tennessee? What State Law Actually Says

Tennessee is one of a small number of states where keeping a squirrel as a pet is not an outright ban — but that does not mean anything goes. The state has a detailed wildlife classification system, and where your squirrel falls within that system determines exactly what you can and cannot do legally.

Whether you are drawn to the bushy-tailed Eastern Gray you see in the backyard or the nocturnal charm of a Southern Flying Squirrel, understanding Tennessee’s rules before you bring an animal home protects both you and the squirrel. This guide walks through the legal framework, permit requirements, sourcing rules, care standards, and the penalties that apply when ownership goes wrong.

Is It Legal to Own a Squirrel in Tennessee

The short answer is yes — with important conditions. Under Tennessee Code § 70-4-403, squirrels and chipmunks are listed as Class III wildlife, a classification that requires no permit from the Tennessee Wildlife Resources Agency (TWRA) except those required by the Department of Agriculture. That places them in the same general category as hamsters, gerbils, and guinea pigs for permitting purposes.

However, the no-permit status for Class III animals applies only when the animal is legally sourced. Many small mammals and rodents are legal without a TWRA permit, including squirrels, provided they were not taken from the wild. Capturing a wild squirrel from your yard and keeping it as a pet is a separate matter entirely — and one that carries legal risk.

It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate, or transfer any wildlife, whether indigenous to the state or not, except as provided by statute and rules promulgated by the Tennessee Wildlife Resources Commission. That broad prohibition is what makes sourcing so critical. A legally purchased, captive-born squirrel from a licensed breeder sits on the right side of that line. A wild-caught animal almost certainly does not.

Key Insight: Tennessee classifies squirrels as Class III wildlife, meaning no TWRA possession permit is required — but the animal must come from a legal source. Wild capture is not a permitted path to pet ownership.

There is also a practical gray area worth knowing about. Tennessee is described by some wildlife law trackers as “legal by statute interpretation to hold, but the director of TWRA states no,” which reflects the tension between the Class III classification and agency-level guidance. Contacting TWRA directly before acquiring any squirrel is always the safest first step. You can reach them at Ask.TWRA@tn.gov or 615-781-6500.

Which Squirrel Species Are Legal in Tennessee

Tennessee hosts three common tree squirrel species, each with distinct traits. Understanding which species you are considering matters, because legal status and care requirements vary between them. You can explore the types of squirrels found across the US for broader context on how species differ by region.

Eastern Gray Squirrel — The Eastern Gray Squirrel is by far the most common species statewide, thriving in both forests and city parks. This species is diurnal and highly adaptable, thriving in both rural woodlands and suburban parks. As a native Tennessee species, it falls under Class III when captive-bred, but taking one from the wild is prohibited.

Fox Squirrel — The Fox Squirrel, with its larger size and reddish-brown coat, thrives in the open woodlands and agricultural areas of Tennessee. Like the Eastern Gray, it is listed under Class III when captive-bred and legally sourced.

Southern Flying Squirrel — The Southern Flying Squirrel is the smallest squirrel in Tennessee and one of the most fascinating due to its ability to glide, measuring only 8 to 10 inches long, including its flat, feather-like tail, and weighing around 2 to 3 ounces. Flying squirrels are also listed under Class III, though some sources note that laws may differ for flying squirrels compared to standard tree squirrels. Confirm their specific status with TWRA before purchasing. You can read more about flying squirrels and their unique characteristics.

Northern Flying Squirrel — This species is rare in Tennessee, limited mainly to the higher elevations of the Great Smoky Mountains and parts of the Cherokee National Forest, and is considered a species of special concern due to its limited range and declining habitat. Its conservation status makes private ownership of this species particularly sensitive, and you should consult TWRA before pursuing one.

Important Note: The legal framework described here applies primarily to red squirrels, gray squirrels, and fox squirrels. Laws may be different for non-native species of squirrels and flying squirrels, so always verify the specific species you want with TWRA before making any purchase.

Permit and License Requirements in Tennessee

Because squirrels fall under Class III, the TWRA does not issue a standard wildlife possession permit for them the way it does for Class I or Class II animals. Class III requires no permits except those required by the Department of Agriculture, and includes all species not listed in other classes.

That said, several other documentation requirements still apply to you as an owner:

• Proof of legal ownership: All individuals possessing live wildlife must be able to produce proof of legal ownership, which includes evidence of legal importation (importation permit) or a purchase receipt from a licensed propagation facility.
• USDA-licensed breeder requirement: It is legal to keep a squirrel as a pet in Tennessee with a permit, as long as the animal is purchased from a USDA-licensed breeder. The squirrel must be captive-born and cannot be taken from the wild.
• Importation permit: Anyone bringing an exotic animal into the state must obtain a TWRA importation permit before entry and be able to document the animal’s legal origin. Transport also typically requires a Certificate of Veterinary Inspection issued by a licensed veterinarian in the animal’s state of origin.

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. Always ask a seller for their USDA license number and verify it before completing any transaction.

Pro Tip: Keep your purchase receipt, breeder’s USDA license documentation, and any importation permit in a single folder at home. Any person possessing Class I or II wildlife must have documentation indicating the animal originated from a legal source — and while Class III rules are lighter, having paperwork on hand protects you if questions ever arise.

If you plan to breed squirrels rather than simply keep one as a pet, the requirements escalate. A propagation permit is required for all Class II animals, unless otherwise stated — and if you cross into breeding native species, you should contact TWRA to determine whether a commercial propagator’s permit applies to your situation.

Where to Legally Obtain a Pet Squirrel in Tennessee

Your sourcing decision is one of the most legally consequential choices you will make as a prospective squirrel owner. Tennessee law draws a hard line between captive-bred animals and wild-caught ones, and crossing that line — even unintentionally — can result in confiscation and fines.

USDA-Licensed Breeders — This is the clearest and safest path. You can get a squirrel as a pet through a breeder, and this is the easiest way to get a squirrel as a pet. Purchasing squirrels from breeders will get you a domesticated animal that will be enjoyable to own and take care of. Search the USDA’s APHIS database to verify any breeder’s license before buying. You can find licensed breeders through the USDA APHIS Licensee Search tool.

Licensed Exotic Pet Stores — Good exotic pet stores check your local permits before selling and offer care sheets for species like red squirrels or eastern grays. Ask the store directly for the breeder’s USDA documentation and do not accept vague answers about where the animal came from.

Wildlife Rehabilitators (Limited Cases) — Wildlife rehabilitators care for injured or orphaned squirrels and sometimes let people adopt those that cannot go back to the wild. Contact local rehabilitation centers or wildlife hospitals to ask about adoptable squirrels. They will screen you, want proof you have good housing, and usually give you detailed care advice. Adopting from a rehabilitator helps a squirrel that cannot survive outside.

What to Avoid — Some people attempt to catch wild squirrels and domesticate them on their own, but they are not easy animals to catch. Wild squirrels are also very difficult to tame and just do not want to be tamed, which could cause many problems in your home and for the squirrel. Beyond the practical difficulties, capturing a wild squirrel in Tennessee is illegal. It is illegal to trap any animal in Tennessee and keep it as a pet.

For a broader look at the squirrel species you might encounter or consider, the guide to different types of squirrels and the overview of squirrel behavior and biology are useful starting points.

Housing and Care Requirements in Tennessee

Tennessee law does not prescribe detailed enclosure specifications for Class III animals the way it does for Class I or II species, but that does not mean housing standards are irrelevant. Providing adequate care is both an ethical obligation and a legal one — neglect or inadequate housing can expose you to animal cruelty charges under separate statutes.

Enclosure Size and Structure

You will need a tall enclosure or a whole room with branches and places to climb. Squirrels need vertical space; aim for at least 4–6 feet tall for tree squirrels. The enclosure should be made of wire mesh with openings small enough that the squirrel cannot squeeze through or get its head stuck. Avoid glass tanks, which restrict airflow and do not allow for climbing.

Flying squirrels need hide boxes and low-watt night lights since they are active at night. If you are keeping a Southern Flying Squirrel, replicating a nocturnal environment — with nest boxes, branches for gliding, and reduced daytime light — is important for the animal’s well-being.

Diet and Nutrition

Give squirrels a varied diet. Fresh nuts (unsalted), fruits, vegetables, and rodent blocks designed for their needs all work well. Skip the seed mixes and high-fat snacks. Flying squirrels especially need more protein, so include mealworms or fortified pellets.

Do not offer human treats, and never give chocolate, avocado, or salty foods. Feeding your squirrel well can help it avoid common problems like metabolic bone disease and obesity.

Common Mistake: Many new squirrel owners rely too heavily on sunflower seeds and peanuts as a primary diet. These are high in fat and low in calcium, which can lead to metabolic bone disease over time. Use a balanced rodent block as a dietary foundation and treat nuts as occasional supplements.

Veterinary Care

Take your squirrel to an exotic-animal vet regularly. Plan for long-term care: some species live many years, and you will pay for vet visits, better habitats, and plenty of enrichment along the way. Finding an exotic vet in Tennessee who has experience with squirrels before you bring one home — not after — is strongly recommended. The Association of Avian Veterinarians’ exotic vet locator can help you identify qualified practitioners in your area.

Enrichment and Behavior

Handle squirrels gently and start with short sessions to build trust. They have a great deal of energy — squirrels chew and climb constantly — so squirrel-proof wires, plants, and small gaps in the room. Providing foraging opportunities, chew toys, and hiding spots reduces stress and destructive behavior significantly.

If you are interested in the full behavioral profile of squirrels native to Tennessee, the squirrel species guide for Ohio and the Michigan squirrel species overview offer helpful comparisons, as many of the same species overlap with Tennessee’s range.

Local and Municipal Restrictions in Tennessee

State law sets the floor for wildlife ownership rules in Tennessee, but it does not prevent cities and counties from going further. Local municipalities can have restrictions on exotic animals, and squirrels are considered to be 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 when you want to ensure your squirrel is legal to own.

State laws set the basics, but cities and counties can add their own restrictions. So 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.

Here are the key local-level checks to complete before acquiring a squirrel in Tennessee:

1. Contact your city or county animal control office — Ask specifically whether squirrels are regulated under any local exotic animal ordinance.
2. Check HOA rules — Homeowners’ associations frequently include exotic or non-traditional pet restrictions in their covenants. Review your HOA documents or ask in writing.
3. Verify rental agreements — If you are renting, check with your landlord to see if it is permitted to have a pet. While a squirrel may be legal in your state, you will need to ensure it is permitted in the home.
4. Ask about zoning — Some residential zones in Tennessee’s larger cities, such as Nashville, Memphis, or Knoxville, may have wildlife-related zoning restrictions that go beyond standard pet rules.

Pro Tip: Ask your landlord or HOA in writing, just to be safe. It is also smart to call animal control or your city clerk. If you need a permit, local officials can walk you through the steps, tell you what kind of enclosure you will need, and explain inspection or vet requirements.

Tennessee’s major urban centers — Nashville, Memphis, Knoxville, and Chattanooga — all have active animal services departments that can answer specific questions about squirrel ownership within city limits. A five-minute phone call before you commit to a purchase can prevent significant legal and financial complications later. You can also review how squirrel populations and local regulations interact in neighboring states by checking the guides for squirrels in Alabama and squirrels in Ohio.

Penalties for Illegal Squirrel Ownership in Tennessee

Tennessee takes wildlife law enforcement seriously, and the consequences for illegal ownership — whether from wild capture, improper sourcing, or failure to maintain required documentation — can be significant.

State-Level Penalties

The state divides wildlife into legal, permit-only, and prohibited categories, and the rules change depending on the species and its potential risk. Understanding these distinctions matters for animal welfare and public safety, and it also helps owners avoid fines, confiscation, or criminal charges.

Under Tennessee Code Title 70, violations of the captive wildlife statutes can result in:

• Civil fines — Wildlife violations in Tennessee can carry fines ranging from hundreds to thousands of dollars depending on the nature of the offense and whether it involves protected or native species.
• Confiscation of the animal — If you keep a squirrel illegally, you could face fines, lose the animal, or even get criminal charges if it is serious. Confiscation is typically the first enforcement action, and the animal may be euthanized or transferred to a licensed facility.
• Criminal charges — Repeat violations or cases involving commercial trafficking of wildlife can escalate to misdemeanor or felony charges under Tennessee law.

Federal Penalties for Trafficking

The stakes are even higher if the sourcing of your squirrel involved a seller without proper federal licensing. It is federally illegal to sell squirrels without a permit from the USDA and is considered wildlife trafficking. Federal wildlife trafficking offenses under the Lacey Act can carry fines up to $10,000 and potential imprisonment. You as the buyer may also face scrutiny if investigators determine you knew or should have known the animal was illegally sourced. Review the U.S. Fish and Wildlife Service’s Lacey Act overview for details on federal protections.

Importation Violations

Transport requirements generally apply even if the animal is merely passing through Tennessee as part of a longer interstate move. If possession of the species would require a permit within Tennessee, transport through the state without proper authorization can still trigger enforcement.

Important Note: Prospective owners should consider not just whether an animal is legal today, but whether they can meet permit requirements year after year, maintain access to veterinary care, and absorb legal or financial risks if circumstances change. Verifying current regulations with TWRA before acquiring an exotic animal remains the safest way to ensure compliance and responsible ownership.

If you are ever uncertain about whether your ownership situation is compliant, contacting TWRA directly is the right move. You can reach the Tennessee Wildlife Resources Agency at Ask.TWRA@tn.gov or by calling 615-781-6500. Getting written confirmation of your compliance status is far preferable to discovering a problem after the fact.

For those researching squirrel ownership across different states, the regional guides for squirrels in Nebraska and squirrels in Delaware offer useful points of comparison, as both states take notably different approaches to wildlife ownership than Tennessee does.