Squirrels are everywhere in Texas — darting through backyards, raiding bird feeders, and chattering from oak branches across the state. Their constant presence makes it easy to assume that keeping one as a pet would be a simple matter. It is not.
Texas wildlife law draws a firm line between observing a squirrel and owning one, and the distinction carries real legal consequences. Before you consider bringing one home, understanding exactly where that line falls — and why it exists — can save you from a costly mistake.
Is It Legal to Own a Squirrel in Texas?
In Texas, it is generally illegal to keep a squirrel as a pet without a special permit. The state’s wildlife laws protect native animals and public health by restricting pet ownership of wild squirrels. This is not a technicality that goes unenforced — it is a foundational rule of Texas wildlife management.
Texas classifies squirrels as wild animals. The Texas Parks and Wildlife Department (TPWD) regulates their possession. You generally cannot keep a squirrel as a pet without a permit. These laws exist to protect native wildlife and prevent harm to people or the environment.
The confusion often stems from how common squirrels are. Many people misunderstand the laws or assume squirrels are legal pets because they are common in nature. This can lead to legal trouble. Familiarity with an animal does not change its legal classification under state law.
Important Note: This article provides general legal information about Texas wildlife regulations as they are understood based on available sources. It is not legal advice. For guidance specific to your situation, consult a licensed Texas attorney or contact the Texas Parks and Wildlife Department directly at (800) 792-1112.
State law provides some regulation of the types of wild animals that individuals may possess, keep as a pet, take for game hunting, sell, or propagate. Local governments may impose additional restrictions. Check with your city or county for more information about the laws in place in your area.
Which Squirrel Species Are Legal in Texas?
Texas is home to several squirrel species, and each falls into a distinct legal category. Understanding those categories matters before you take any action.
Under the Texas Parks and Wildlife Code, gray or cat squirrels and fox or red squirrels are classified as wild game animals, meaning a license or permit is required to take, trap, transport, possess, propagate, or sell them. These two species are the most commonly seen tree squirrels across East Texas and are strictly regulated.
Non-game animals in Texas include (but are not limited to) armadillos, bobcats, coyotes, flying squirrels, frogs, ground squirrels, mountain lions, porcupines, prairie dogs, rabbits, and turtles. Flying squirrels and ground squirrels fall into this nongame category, which carries a different — though still regulated — legal framework.
- Gray squirrel (cat squirrel): Classified as a game animal; possession requires a permit from TPWD and is not available for private pet ownership.
- Fox squirrel (red squirrel): Also classified as a game animal under the same restrictions as the gray squirrel.
- Flying squirrel: Classified as a nongame animal. While Texas has laws governing exotic pets, flying squirrels are not included among the most strictly regulated species; the state primarily regulates dangerous and endangered species as pets, and there are no specific legal requirements for owning flying squirrels in Texas at the state level. However, local ordinances may still apply.
- Ground squirrel: Also a nongame animal. Ground squirrels are among a limited group of nongame animals that may be hunted year-round on private property with no bag limits. Possession rules still apply.
Non-native squirrels may be subject to additional restrictions or bans under Texas invasive species laws. If you are considering an exotic or non-native squirrel species, expect a more complex regulatory picture, not a simpler one.
Key Insight: The species distinction matters significantly. Gray and fox squirrels — the ones most people encounter — face the strictest ownership restrictions as game animals. Flying squirrels occupy a different legal category, though that does not make them freely available as pets without checking local rules.
You can learn more about the different types of squirrels found across North America, or explore the specific types of squirrels in the US to better understand which species you might encounter in Texas.
Permit and License Requirements in Texas
The permit landscape for squirrel ownership in Texas is narrow and, for most private individuals, effectively closed. Permits from the Texas Parks and Wildlife Department are required for a person to possess, display, care for, propagate, collect, transport, or sell certain protected wildlife species.
Texas prohibits possession of native squirrels without a special permit from TPWD, which is rarely granted for pets. Permits are usually issued only for rehabilitation, research, or educational purposes, not for personal pets.
The categories of people who can legitimately obtain a permit include:
- Licensed wildlife rehabilitators: Wildlife rehabilitators licensed by TPWD can temporarily keep squirrels for care and release. The emphasis is on temporary care with the goal of returning the animal to the wild.
- Educational institutions: Educational institutions may obtain permits to keep squirrels for teaching and research.
- Researchers: Researchers studying squirrels may get permits for scientific purposes.
Pet ownership permits for squirrels are extremely rare and require detailed justification and facility standards. Most people will not qualify for these permits, so owning a pet squirrel remains illegal for the average person.
For nongame species like flying squirrels, the rules differ slightly. If more than 25 specimens in the aggregate are possessed (dead or alive), or if the animals are collected from the wild and sold, permits must be obtained for commercial use. For personal, non-commercial possession of a small number of nongame animals, the state-level permit requirement may be less stringent — but local ordinances can still apply.
To contact TPWD about permit requirements, you can reach the department at (800) 792-1112, menu 7, or (512) 389-4481, or visit the Nongame Permits section of the TPWD website.
Pro Tip: Before pursuing any permit, contact TPWD directly to confirm the current requirements for the specific squirrel species you are interested in. Regulations can be updated, and the department can clarify whether a nongame possession situation applies to your circumstances.
Where to Legally Obtain a Pet Squirrel in Texas
Even if a permit pathway were available to you, sourcing a squirrel legally presents its own challenges. Most pet stores do not sell squirrels due to legal restrictions. Buying squirrels from unlicensed sellers may be illegal and unsafe.
Capturing wild squirrels from the wild is illegal without authorization, even if you plan to keep them as pets. This rules out the most obvious source for most people — simply catching one in the yard.
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. This federal layer applies regardless of what Texas state law says, meaning both levels of compliance are required simultaneously.
If you find an injured or orphaned squirrel, the appropriate step is not to keep it. Contact a licensed wildlife rehabilitator or TPWD for advice and assistance with injured squirrels, and do not attempt to raise or keep wild squirrels as pets without permits.
For those genuinely drawn to squirrels, exploring squirrel biology and behavior or learning about flying squirrels can be a rewarding alternative that carries no legal risk.
Housing and Care Requirements in Texas
Because legal private ownership of a squirrel in Texas is extremely rare, formal state-mandated housing standards for pet squirrels are not widely published for individual owners. However, the standards that do apply to permitted holders give a sense of what TPWD expects.
Requirements that must be met before bringing an exotic animal home generally include strong fencing, enrichment items, an environment with an adequate amount of square feet, and proper resting areas. These baseline expectations apply across permitted wildlife categories.
For anyone operating under a wildlife rehabilitation permit, the care standards are more specific:
- Enclosures must prevent escape and protect the animal from predators and the elements.
- Diet must replicate natural food sources as closely as possible to prepare the animal for release.
- Handling should be minimized to prevent the squirrel from becoming imprinted on humans, which would reduce its chances of surviving in the wild.
- Healthy squirrels should be released back into their natural habitat as soon as possible under expert guidance.
Wild squirrels can carry diseases and may not adapt well to captivity. These laws also help preserve native wildlife populations and prevent ecological harm. Even setting aside the legal issues, the welfare of the animal itself is a serious consideration. Wild squirrels may become aggressive or stressed in captivity, leading to welfare concerns.
Common Mistake: People who raise orphaned squirrels often become attached and assume the animal is now a pet. Under Texas law, even a hand-raised squirrel remains a wild animal subject to the same possession rules. Keeping it past the point of rehabilitation without a permit is still a violation.
If you are interested in squirrel-friendly gardening or managing squirrel activity around your property legally, learning about plants that repel squirrels may be a more practical path forward.
Local and Municipal Restrictions in Texas
State law is only one layer of the regulatory picture. The Texas Local Government Code, Chapter 240, Subchapter A authorizes counties to regulate the keeping of certain wild animals in unincorporated portions of the county. This means that even if a state-level permit were somehow available, local rules could still prohibit possession.
Houston is a clear example of this layered approach. The city ordinance prohibits keeping any animal that is inherently wild. To possess one, a special license is required, and the animal must be vaccinated against rabies. Although the law specifies several animal species, squirrels are not explicitly mentioned; however, there is a saving clause indicating that the list is not exhaustive. This suggests that keeping a flying squirrel within Houston city limits is not permitted without obtaining a permit or license.
Other Texas cities and counties may have their own ordinances that go beyond what state law requires. Even if state law permits an animal, counties or municipalities frequently impose bans or additional restrictions.
Before taking any steps toward squirrel ownership, you should:
- Contact your city’s animal control department to ask about local exotic or wild animal ordinances.
- Check with your county government if you live in an unincorporated area.
- Verify HOA rules if applicable, as private community rules can add another layer of restriction.
- Consult TPWD to confirm current state-level permit availability for your specific situation.
Local governments may impose additional restrictions. Check with your city or county for more information about the laws in place in your area. This step is not optional — it is essential.
Squirrel populations and regulations vary considerably across different states and regions. For comparison, you can explore how squirrel laws and populations differ in places like Alabama, Nebraska, or Delaware.
Penalties for Illegal Squirrel Ownership in Texas
The consequences of ignoring Texas wildlife law are not trivial. Owning a pet squirrel without the proper permits in Texas can lead to serious penalties. Penalties help enforce wildlife protection laws and discourage illegal pet ownership.
Fines for illegal possession of wildlife like squirrels can range from hundreds to thousands of dollars depending on the offense. Confiscation of the animal is common, and you may lose any investment in the pet.
Repeated or severe violations can lead to criminal charges, including misdemeanor or felony offenses. Legal trouble may also include court costs and possible jail time in extreme cases.
The Texas Parks and Wildlife Code establishes a tiered misdemeanor structure for wildlife violations. Failure to complete and submit required activity logs is a Parks and Wildlife Code Class C misdemeanor. Any other violation of law or a regulation pertaining to a permit is a Parks and Wildlife Code Class B misdemeanor. More serious violations carry heavier consequences.
Texas protects a broad range of wildlife under overlapping state and federal laws, and violations can result in criminal charges, fines exceeding $10,000, and the loss of hunting privileges across dozens of states. When federal law is also involved — such as the USDA licensing requirements for squirrel sales — the consequences compound further.
Important Note: Confiscation is not just a financial loss. A squirrel that has been kept in captivity, especially one that was hand-raised, may not be releasable to the wild. The animal itself can bear the cost of an owner’s legal misstep.
If you encounter an injured squirrel and want to help without legal risk, the right move is clear. Contact a licensed wildlife rehabilitator or TPWD for advice and assistance with injured squirrels. That single step keeps you on the right side of the law and gives the animal its best chance.
For those who love squirrels but want to enjoy them without legal complications, learning more about squirrels in East Texas, squirrel behavior in urban environments, or the animals that interact with squirrels in the wild offers a rich way to engage with these animals on their own terms — and entirely within the law.
Texas wildlife law exists for reasons that go beyond bureaucracy. Removing squirrels from the wild can disrupt local ecosystems and reduce native populations. Wild squirrels may become aggressive or stressed in captivity, leading to welfare concerns. Texas aims to prevent invasive species problems by controlling which animals are kept as pets. The rules reflect a genuine effort to protect both the animals and the people who share their habitat.