Snake Removal Laws in Montana: What You Can (and Can’t) Legally Do

Finding a snake coiled near your porch in Montana raises an immediate question: can you scoop it up and move it yourself, or does the law require something more formal? Snake removal laws in Montana sit in an unusual gray area, because the state’s wildlife code rarely names snakes directly, yet broader protections for native wildlife still apply to almost every species you might encounter in your yard.

Whether you’re dealing with a harmless garter snake in the garden or a prairie rattlesnake near the barn, the difference between what’s legal, what’s discouraged, and what could draw a citation matters before you act. This guide walks through when DIY removal is allowed, which species carry legal protection, what permits actually cover, and when calling a licensed wildlife control operator is the safer choice.

Important Note: This article explains general Montana wildlife regulations for informational purposes and is not legal advice. Contact Montana Fish, Wildlife and Parks (FWP) or a licensed attorney before taking action against a snake on your property.

Is It Legal to Remove or Relocate a Snake Yourself in Montana

Montana does not publish a snake-specific removal statute the way some states regulate deer or bear complaints, which leaves a lot of homeowners guessing. Sources disagree on exactly how strict the rules are in practice. One wildlife removal industry source states plainly that it is illegal to relocate snakes in Montana without a capture permit from the Department of Fish, Wildlife and Parks, adding that you cannot catch snakes in Montana without a capture permit from the Department either.

Other researchers looking at the same question have reached a different conclusion, noting that Montana Fish Wildlife & Parks have nothing in their regulations regarding killing snakes, only recommending that people be aware of the dangers of prairie rattlesnakes and avoid killing them unless they pose an immediate threat. That gap between “no explicit rule” and “protected wildlife by default” is exactly why so many Montana residents aren’t sure what’s allowed.

Important Note: Sources conflict on whether a capture permit is legally required for ordinary DIY snake relocation in Montana. Because native wildlife is broadly regulated under the state’s nongame statutes, the safest approach is to treat any snake as protected unless FWP confirms otherwise for your specific situation.

If you decide to handle a non-venomous snake yourself, Montana State University Extension recommends a low-stress method: sweep the snake into a bucket or large garbage can with a broom, then release it in a safe place two miles or more from human dwellings. That distance matters, since snakes released too close to a structure often find their way back or simply relocate to a neighbor’s yard. Before attempting removal, it’s worth reviewing the types of snakes in Montana so you can identify what you’re dealing with, and comparing that to the state’s broader hunting laws in Montana, which shape how wildlife take is generally treated statewide.

Protected Snake Species in Montana

Montana is home to a modest but ecologically important reptile population. Herpetological references count 12 species and subspecies representing eight genera found in Montana, all of which are native to the United States. According to research compiled on the state’s native reptiles, all native snakes in Montana are considered protected under state wildlife regulations, even though not all of them are classified as threatened, with habitat loss, road mortality, and human persecution named as ongoing concerns.

Among the more distinctive residents is the western racer, Coluber constrictor, described as a fast, non-venomous snake found mainly in southern and eastern Montana that relies on speed rather than venom or constriction to escape threats. The western hognose snake, Heterodon nasicus, is another notable species, recognized for its dramatic bluff behavior and upturned snout used for digging in sandy soils, despite posing no real danger to people. Garter snakes, commonly seen in gardens and near water, round out the list of species people are most likely to encounter around a home.

These protections exist within Montana’s broader Nongame and Endangered Species Conservation Act, which states that the legislature intended to protect species considered endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale, or shipment of wildlife within the state unless those actions assist in preserving the species. In practical terms, that framework is why blanket “kill on sight” approaches to snakes carry more legal risk than most homeowners assume, and why identifying the exact species matters. A closer look at green snakes in Montana is a useful starting point if you’re unsure whether the snake in your yard is one of the state’s protected native species or something else entirely.

Permit Requirements for Snake Removal in Montana

Montana’s permit system is built around the concept of “exotic wildlife,” a category that becomes relevant the moment a snake removal situation involves a species that isn’t native to the state, such as an escaped or released pet. Under state administrative rules, permits issued by the department come with specific conditions, and a person must comply with all permit conditions to receive or retain a permit. The department also retains authority to act if something goes wrong: FWP may suspend or cancel a permit if the permittee violates a condition or is convicted of violating a related federal, state, county, or city law.

This matters if you’ve ever considered keeping or importing a pet snake, since exotic species fall under a separate regulatory track from native wildlife capture. If you’re relocating to Montana or bringing a snake across state lines, it’s worth reviewing pet import laws in Montana alongside any removal plans, since import rules and wildlife capture permits are governed by different sections of state code.

Notably, Montana’s exotic wildlife rules were updated fairly recently. The section governing noncontrolled exotic wildlife, including certain nonvenomous snake species, was amended by the 2025 legislature, with the changes taking effect March 1, 2026. If you’re researching permit requirements for anything beyond a garden-variety native snake, confirm you’re looking at the current version of the rule rather than an outdated summary, since this is an area where the law has shifted recently.

When You Can Legally Kill a Snake in Montana

Because Montana lacks a dedicated statute spelling out exactly when killing a snake crosses a legal line, most guidance in this area comes down to a narrow, common-sense exception rather than a broad right. Based on available research, here’s how that exception is typically framed:

1. Immediate threat to human safety: A venomous snake that has struck, is coiled to strike, or is in a location where a bite is imminent (doorways, occupied structures, near children) is the clearest case where action is defensible.
2. Immediate threat to livestock: One removal industry source specifies that it is illegal to kill venomous snakes in Montana unless they pose an immediate threat to human safety or livestock, noting the prairie rattlesnake is the state’s only venomous species and is rarely aggressive unless provoked. That framing suggests livestock protection is treated similarly to personal safety.
3. No reasonable alternative existed: If a snake could have been avoided, relocated, or left alone, that weakens any after-the-fact justification for killing it.

Outside those narrow circumstances, killing a snake simply because it’s unwelcome carries more legal risk than most people realize, particularly for native species covered under the state’s nongame wildlife protections. Comparing Montana’s approach to a state with clearer statutory language, such as the wildlife removal laws in Minnesota, highlights just how much gray area Montana residents are working with by comparison.

Rules for Venomous Snake Removal in Montana

Montana keeps things relatively simple on the venomous front: the prairie rattlesnake, Crotalus viridis, is the only venomous snake native to the state. That single-species reality shapes how removal situations typically play out compared to states with multiple pit viper or coral snake species to worry about.

Factor	Non-Venomous Snakes	Prairie Rattlesnake (Venomous)
DIY handling	Generally attempted with a broom and bucket per MSU Extension guidance	Not recommended without training; bite risk is serious
Legal killing threshold	Rarely justified; treated as protected nongame wildlife	Immediate threat to people or livestock only
Recommended distance for release	Two miles or more from dwellings	Professional relocation strongly preferred
Crawl space and enclosed area risk	Low	High; extreme caution advised

Montana State University Extension is direct about the added danger in tight spaces, warning homeowners to exercise extreme caution when moving through a crawl space, especially where venomous snakes have been seen, since a face bite can be very serious. That single line of guidance explains why most wildlife professionals treat rattlesnake calls differently from garter snake calls, even though both technically fall under the same general nongame wildlife framework. If you’re comparing how other high-rattlesnake-density states handle removal, the wildlife removal laws in Arizona offer a useful contrast, since Arizona regulates venomous species far more explicitly than Montana does.

Hiring a Licensed Wildlife Removal Operator in Montana

Given the ambiguity baked into Montana’s snake statutes, hiring a professional often removes more legal risk than it costs in service fees. A licensed operator typically carries the paperwork and training that individual homeowners lack, which matters if a removal situation later gets questioned by FWP.

Before hiring anyone, it helps to confirm a few basics:

• Verify the operator holds current state wildlife control licensing rather than operating solely as general pest control.
• Ask whether they carry liability insurance covering wildlife capture and transport.
• Confirm their relocation practices align with Montana’s distance and habitat recommendations rather than simply moving a snake to the nearest open lot.
• Request species identification before removal, since protected and non-protected snakes may require different handling under state rules.

Licensing standards and what counts as a “licensed” operator vary significantly by state, which is worth keeping in mind if you’ve researched this topic elsewhere. The wildlife removal laws in California and the wildlife removal laws in North Carolina both spell out operator licensing in far more detail than Montana currently does, so don’t assume a certification standard from another state automatically applies here. For homeowners weighing DIY versus professional removal, the wildlife removal laws in Wisconsin provide another instructive comparison of how a state with a larger snake population structures its permitting.

Penalties for Illegally Killing or Relocating a Snake in Montana

Montana treats most unlawful wildlife takings as misdemeanor offenses, though the exact penalty depends on the species, circumstances, and whether the violation is a first offense. Coverage of a recent mountain lion poaching case noted that a first-offense illegal wildlife harvest is typically charged as a Class B misdemeanor under Montana law, with penalty maximums for misdemeanor wildlife violations set under MCA 87-6-901 and related statutes that have been amended in recent legislative sessions. That same reporting cautioned readers to verify current fine and jail exposure directly with the state rather than relying on older figures, since the statute has changed over time.

Beyond fines, Montana’s wildlife point system can strip hunting, fishing, and trapping privileges for years following a serious violation, a consequence that carries real weight even when the exact dollar penalty is uncertain. To put enforcement activity in perspective, Montana’s TIPMONT poaching board reported that defendants in 2025 wildlife cases faced $48,553 in fines, 66 total years of lost hunting, fishing, and trapping privileges, 153 total charges, and $71,010 in restitution. Those figures cover poaching cases broadly rather than snake violations specifically, but they illustrate that Montana’s wildlife enforcement system is active and financially significant for violators.

Important Note: Because Montana’s misdemeanor wildlife statutes have been amended in recent legislative sessions, always confirm current fine amounts and jail exposure through the Montana Legislature’s official site or a licensed attorney before assuming a specific dollar figure applies to your situation.

The safest practical takeaway is straightforward: when in doubt about a snake on your property, whether it’s a harmless garter snake or a prairie rattlesnake near the house, contact FWP or a licensed wildlife removal operator before taking matters into your own hands. Given how much of Montana’s snake law lives in general nongame wildlife protections rather than a species-specific statute, that extra step is usually cheaper than guessing wrong.