Can You Own a Squirrel in West Virginia? What the Law Actually Says
August 2, 2026
West Virginia sits in a genuinely interesting position when it comes to pet squirrels. Unlike states such as New York or California, where wildlife officers have seized and euthanized pet squirrels, the Mountain State takes a comparatively permissive approach — but that does not mean squirrel ownership is without rules or risk.
Before you bring a squirrel home, you need to understand exactly what state law requires, which species fall inside or outside those rules, where you can legally obtain one, and what happens if you get it wrong. This guide walks through each of those questions using West Virginia’s actual statutes and the agencies that enforce them.
Important Note: Wildlife laws can change, and enforcement varies by county. Always confirm current requirements directly with the West Virginia Division of Natural Resources (WVDNR) or a licensed wildlife attorney before acquiring any squirrel.
Is It Legal to Own a Squirrel in West Virginia?
The short answer is yes — with important conditions attached. West Virginia Code §20-2-4 states that “it is unlawful to take, obtain, purchase, possess or maintain in captivity any live wildlife, wild animals, wild birds, game or fur-bearing animals,” unless otherwise stated by another law. That general prohibition is the starting point, not the end of the analysis.
The key phrase is “unless otherwise stated by another law.” West Virginia statute provides that the state fish and game director may issue a permit to a person to keep and maintain in captivity as a pet a wild animal acquired from a commercial dealer or during the legal open season. That permit pathway is what makes squirrel ownership legally possible for private residents.
Arkansas, Idaho, Louisiana, New Mexico, Oklahoma, Tennessee, Utah, Virginia, West Virginia, and Wyoming all allow people to own pet squirrels. According to Squirrel Forum, which tracks state-by-state regulations, West Virginia requires no license and mandates that owners have proper housing and care. That combination — no mandatory license for squirrels specifically, but a general permit framework in place — makes West Virginia one of the more accessible states for prospective squirrel owners.
The West Virginia Division of Natural Resources (DNR) and the Dangerous Wild Animal Board oversee these requirements. Squirrels do not appear on the state’s dangerous wild animal list, which is what keeps them accessible to private owners without the heavy permit burden applied to lions, bears, or alligators.
Which Squirrel Species Are Legal in West Virginia?
West Virginia is home to several native squirrel species, including the eastern gray squirrel (Sciurus carolinensis), the fox squirrel (Sciurus niger), the red squirrel (Tamiasciurus hudsonicus), and the southern flying squirrel (Glaucomys volans). Understanding how the law treats each one matters before you commit to a particular animal.
Data on pet squirrel legality typically applies to native squirrels such as red squirrels, grey squirrels, and fox squirrels. Non-native species of squirrel and flying squirrels may be subject to different regulations. This distinction is worth taking seriously. Flying squirrels, for instance, are native to West Virginia and are technically classified as wildlife under state law, which means the general prohibition in §20-2-4 applies to them unless you have a permit.
Non-native exotic squirrels — species that do not naturally occur in West Virginia — generally fall outside the state’s native wildlife regulations. In 2014, West Virginia passed the Dangerous Wild Animal Act, which prohibits individuals from owning certain dangerous wild animals. While certain organizations are permitted to own dangerous animals, they must still adhere to strict safety, housing, and regulatory standards under state law. Squirrels of any species are not classified as dangerous wild animals under that Act, which means they are not subject to its strict permitting regime.
Key Insight: Flying squirrels are native wildlife under West Virginia law and require more careful legal navigation than captive-bred gray or fox squirrels sourced from a licensed dealer. Confirm the species classification with the WVDNR before purchasing.
You may also want to review endangered animals in West Virginia to confirm that any squirrel species you are considering is not protected under state or federal endangered species provisions, which would add an additional legal layer entirely.
Permit and License Requirements in West Virginia
West Virginia’s permit picture for squirrels is less demanding than in many other states, but it is not entirely paperwork-free. Even if an exotic animal is legal to own in West Virginia, you may still be required to register the animal or obtain a permit, depending on its species and potential risk to the public.
The director may issue a permit to a person to keep and maintain in captivity as a pet a wild animal or wild bird that has been acquired from a commercial dealer or during the legal open season. The fee is two dollars. That statutory fee is notably low, though the permitting process itself has evolved since those provisions were first written, and the WVDNR now tracks permit holders more systematically.
The more significant legal layer involves the source of your squirrel. The WVDNR states that even if an animal is young and looks like it needs care, it is best to leave it alone, for its safety and yours — noting that it is illegal to possess wildlife without a permit. Taking a squirrel from the wild — even a baby that appears abandoned — without a rehabilitation permit puts you in violation of state law.
| Permit Type | Issued By | Applicable Situation | Key Requirement |
|---|---|---|---|
| Pet Wildlife Permit (§20-2-51) | WVDNR Director | Captive-bred squirrel from licensed dealer | Animal must be legally sourced |
| Wildlife Rehabilitation Permit | WVDNR | Injured or orphaned wild squirrel | Goal must be release, not permanent ownership |
| Dangerous Wild Animal Permit | WV Dept. of Agriculture | Banned dangerous species only | Does not apply to squirrels |
Failing to comply with permit requirements can result in fines, confiscation of the animal, or even criminal charges. Treat the permit process as a necessary step, not an optional formality.
Where to Legally Obtain a Pet Squirrel in West Virginia
How you acquire your squirrel is just as legally significant as whether you hold a permit. West Virginia law is clear that the animal must come from a lawful source. Licensed breeders can sell pet squirrels bred in captivity. Look for breeders who provide health records, the animal’s age (never under 8 weeks), and clear breeding permits.
Wildlife rehabilitators care for injured or orphaned squirrels and sometimes allow people to adopt those that cannot go back to the wild. Contact local rehabilitation centers or wildlife hospitals to ask about adoptable squirrels. This can be a legitimate path to ownership, particularly for non-releasable animals — but the rehabilitator must agree to the placement and the adoption must comply with state rules.
- Licensed exotic animal breeders — Seek breeders who hold USDA licensing and can provide documentation of captive breeding.
- Licensed pet dealers — Good exotic pet stores check your local permits before selling and offer care sheets for species like red squirrels or eastern grays.
- Wildlife rehabilitators — Non-releasable squirrels may be placed with qualified private owners in some circumstances.
- Wild capture — avoid entirely — Capturing a squirrel from the wild without a permit violates §20-2-4 and exposes you to fines and possible jail time.
If a seller dodges your questions or only accepts cash, that is a warning sign. Expect to pay more for well-documented, legal squirrels, and remember you will have ongoing veterinary and housing costs. Price alone should never be the deciding factor when sourcing an exotic animal.
Pro Tip: Ask any breeder or seller for written documentation showing the squirrel was captive-bred, its date of birth, and the seller’s permit or USDA license number. Keep that paperwork permanently — it is your proof of lawful acquisition if questions arise later.
Housing and Care Requirements in West Virginia
West Virginia law requires that squirrel owners provide proper housing and care as a condition of lawful possession. The state does not publish a detailed species-specific care sheet for pet squirrels, so owners are expected to meet standards consistent with the animal’s welfare needs. Falling short of those standards can be treated as a welfare violation under state law.
An appropriate squirrel enclosure contains at least 16 square feet of floor space. For tree squirrels, an 8-foot-tall cage is mandatory, while ground squirrels require at least 4 feet of vertical clearance. These dimensions reflect minimum rehabilitation standards and represent a reasonable baseline for permanent housing as well.
Squirrels are agile creatures and can easily escape through wide bar spacing. The cage you choose should have bar spacing no larger than ½ inch to prevent escape attempts and keep your squirrel safely inside the enclosure. A multi-level cage with climbing branches, nesting boxes, and enrichment toys is strongly recommended.
Diet is another area where owners frequently make mistakes. A captive squirrel’s diet should mimic its natural diet as closely as possible. This includes a variety of nuts, seeds, fruits, vegetables, and occasional insects. Avoid processed foods, sugary treats, and foods high in salt. According to Exotic Nutrition, you should include small, clean, unsprayed branches such as apple, maple, or oak for gnawing, and avoid dyed or colored wood chews.
| Care Area | Minimum Standard | Notes |
|---|---|---|
| Enclosure floor space | 16 sq ft minimum | More is always better |
| Cage height (tree squirrels) | 8 feet | Vertical space is critical for climbing |
| Bar spacing | ½ inch or less | Prevents escape and injury |
| Diet | Nuts, seeds, fruits, vegetables | No processed foods or salt |
| Veterinary care | Exotic animal vet recommended | Standard vets may lack squirrel experience |
| Lifespan commitment | Up to 12–14 years in captivity | Long-term planning required |
Captive squirrels can live up to 14 years, making this a long-term commitment requiring consistent, attentive care. That lifespan is considerably longer than most people expect, and it should factor heavily into your decision. You may also want to read about hedgehog ownership laws in West Virginia for a point of comparison on how the state handles other small exotic mammals.
Local and Municipal Restrictions in West Virginia
State law sets the floor, not the ceiling. Cities, counties, and municipalities in West Virginia can impose additional restrictions on exotic pet ownership that go beyond what state statutes require — and in some cases, local rules are stricter than state law.
In some counties or municipalities, local ordinances may impose additional restrictions or outright bans on certain species, regardless of state law. This means that even if you have secured a valid state permit for your squirrel, a city or county ordinance in your area could still prohibit it.
Pet squirrels may be regulated at the county, municipal, or local level even in states in which they are legal at the state level. Before you commit to purchasing a squirrel, contact your city or county government directly to ask whether any local ordinances restrict exotic or wild animal ownership. Charleston, Huntington, Morgantown, and other larger West Virginia cities may have specific animal control codes worth reviewing.
Renters face an additional layer of restriction. If you are renting, check with your landlord to confirm that keeping a pet squirrel is permitted in the home. While a squirrel may be legal in your state, you still need to ensure it is permitted in the property. Lease agreements frequently prohibit exotic or non-traditional pets, and violating that clause can result in eviction regardless of whether the animal is legally permitted under state law.
Homeowners insurance is another practical consideration. Homeowners and renters insurance policies generally provide coverage for injuries that occur within the insured premises. However, when it comes to injuries caused by animals, many policies include specific exclusions. In most cases, standard insurance policies exclude coverage for injuries caused by certain animals, regardless of whether those animals are legal to own in the jurisdiction.
For additional context on how West Virginia handles animal-related liability at the local level, see our guide to dog bite laws in West Virginia and leash laws in West Virginia, which illustrate how the state balances private animal ownership with public safety obligations.
Penalties for Illegal Squirrel Ownership in West Virginia
West Virginia enforces its wildlife possession laws through a tiered penalty structure. The consequences range from modest fines for basic possession violations to misdemeanor charges and significant per-animal fees for more serious infractions.
At the lower end of the scale, fines for the unlawful possession of a bear cub, fawn, squirrel, bird, or any other animal range from $20 up to $300 and/or 10 to 100 days in jail, according to the WVDNR. Those figures apply to basic wildlife possession violations under §20-2-4.
The penalties escalate significantly when the violation involves the Dangerous Wild Animal Act or more deliberate circumvention of the law. West Virginia’s exotic animals law aims to protect not only humans and domesticated animals from potential harm, but also to prevent the mistreatment of wild animals themselves. People can apply for permits to own animals considered potentially dangerous; those who break the law face a misdemeanor charge and a fee of up to $2,000 for each prohibited animal.
Beyond fines and potential jail time, illegal ownership carries the risk of animal confiscation. Failing to comply with permit and safety requirements can result in fines, confiscation of the animal, or even criminal charges. In the most serious cases — particularly where a confiscated animal cannot be safely transferred to another permitted facility — euthanasia is a legal outcome under state law.
Important Note: The 2024 case of P’nut the squirrel in New York — where a pet squirrel was seized and euthanized — drew national attention to how quickly wildlife enforcement can escalate. West Virginia’s laws are more permissive than New York’s, but the lesson applies here too: legal sourcing and proper documentation are your best protection.
Liability does not stop at criminal penalties. Under West Virginia law, the owner bears strict liability for any injuries caused by their exotic pet. That means the owner can bear liability no matter how careful they were. If your squirrel bites a visitor or escapes and causes property damage, you are legally responsible — and your insurance may not cover it.
Understanding the full legal picture for animal ownership in West Virginia is worth the effort. You may also find it useful to review goat ownership laws in West Virginia and pit bull laws in West Virginia as examples of how the state regulates different categories of animal ownership. For wildlife context specific to the Mountain State, our articles on bears in West Virginia and woodpeckers in West Virginia offer a broader look at the native species that share the landscape with any squirrel you might keep.
West Virginia gives you a real legal pathway to own a pet squirrel — but that pathway requires sourcing the animal lawfully, maintaining proper housing, staying compliant with any local ordinances, and keeping your documentation in order. Taking those steps seriously from the start is what separates a legal, long-term arrangement from one that ends with a fine, a confiscation, or worse.