You see them everywhere. They're doing acrobatics on power lines in Queens or burying acorns in Central Park. They are twitchy, fluffy, and strangely charismatic. It's only natural to wonder if you can just... take one home.
But here’s the short answer: Is it illegal to own a squirrel in New York? Yes. Very much so.
In the eyes of the New York State Department of Environmental Conservation (DEC), that squirrel isn't a potential roommate. It’s "protected wildlife." New York law is pretty stiff about this, and the consequences for trying to domesticate a wild Eastern Gray aren't just a slap on the wrist. You're looking at potential fines, the seizure of the animal, and a whole lot of heartbreak when the state comes knocking.
Why the Empire State says no to squirrels
New York Environmental Conservation Law Section 11-0512 is the big hurdle here. It basically dictates that nobody can possess "protected wildlife" without a specific, hard-to-get license. Squirrels fall squarely into that category.
Why?
Health and safety, mostly. People forget that squirrels are rodents. They carry parasites. They can carry diseases. While they aren't primary rabies vectors like raccoons or bats, they still bite when they get spooked. And they get spooked easily.
Also, they are destructive. A squirrel in a New York City apartment isn't going to sit on the couch and watch Netflix. It’s going to chew through your baseboards, shred your curtains, and probably find its way into your electrical wiring.
The "Wild" in Wildlife
Squirrels are high-energy creatures. They have complex social structures and specific dietary needs that a bowl of store-bought nuts just won't meet. When humans try to keep them as pets, the squirrels often develop Metabolic Bone Disease (MBD) because they aren't getting enough calcium or Vitamin D. It’s a slow, painful way for an animal to go.
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The state doesn't want you keeping them because, frankly, most people aren't equipped to keep them alive and healthy.
The one way you can (legally) have a squirrel in your house
Now, there is a loophole, but it’s not for pet owners. It’s for "Wildlife Rehabilitators."
If you find an injured or orphaned squirrel, you can’t just keep it. You are legally required to get it to a licensed professional. To become one of those professionals in New York, you have to pass a written exam administered by the DEC, be at least 16 years old, and maintain a facility that meets specific standards.
Licensed rehabilitators aren't "owners." They are temporary guardians. Their goal is always—always—to release the animal back into the wild. Keeping a "rehab" squirrel as a permanent pet is a violation of their license.
If you’re caught with a squirrel and you claim you’re "rescuing" it but don’t have that DEC license, the state won't care about your good intentions. They see an illegal pet.
Real-world consequences: The Case of Peanut the Squirrel
You might have heard about Peanut. This was a massive story that broke in late 2024. A man in Chemung County, New York, had a pet squirrel named Peanut for seven years. He’d rescued it after its mother was hit by a car. Peanut became an internet sensation, with hundreds of thousands of followers.
Then the DEC showed up.
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Because it is illegal to own a squirrel in New York without the proper permits, and because there were reports of the squirrel biting a state investigator, Peanut was seized and euthanized to test for rabies. The public outcry was massive. People were devastated. But the law was the law.
This story serves as a grim reminder. Even if you love the animal, and even if it’s been in your home for years, the state has the power to take it away and end its life if they believe it poses a risk or if the law is being flouted.
The logistics of New York squirrel laws
New York is big. You’ve got the city, and you’ve got the vast wilderness of the Adirondacks. But the law against owning a squirrel is statewide. It doesn't matter if you’re in a penthouse in Manhattan or a cabin in Lake Placid.
- Fines: They can range from a few hundred to several thousand dollars depending on the circumstances.
- Criminal charges: In some cases, possession of protected wildlife can be a misdemeanor.
- Seizure: The DEC has the right to enter property to seize illegal wildlife.
It’s worth noting that New York City has its own set of even stricter health codes. The NYC Health Code (Section 161.01) explicitly prohibits the keeping of "wild, ferocious, or unpredictable" animals. Squirrels are listed right alongside lions, tigers, and bears. Okay, maybe not in that exact order, but they are on the prohibited list.
What should you do if you find a squirrel?
Look, baby squirrels fall out of trees. It happens. If you find one, your instinct is going to be to grab a shoebox and some milk.
Stop.
First, check if it’s actually orphaned. Often, the mother is nearby and will come back if you leave the area. If the squirrel is truly injured or the mother is gone, your next step is to call a professional.
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- Don't feed it. Giving a dehydrated squirrel food or the wrong kind of milk (like cow's milk) can kill it faster than the injury will.
- Keep it warm. A small box with a fleece blanket and a heating pad on the lowest setting (under half the box) is best.
- Find a rehabber. Go to the NYS DEC website and look up the list of licensed wildlife rehabilitators in your county.
- Transport quickly. The sooner it gets to a pro, the better its chances of survival.
Is there any legal "squirrel-like" pet?
If you really want a small, scurrying rodent, there are legal alternatives in New York.
Hamsters, gerbils, and guinea pigs are perfectly legal. Even certain species of exotic squirrels, like the Southern Flying Squirrel, are sometimes found in the pet trade. However—and this is a big "however"—you have to be extremely careful. While some states allow these, New York's laws on "wildlife" are broad.
Generally, if it's a species native to New York, you can't have it. If it's a non-native species, you might be able to get away with it, but you should check with your local municipality and the DEC before spending a dime. Most people find that the headache of permits isn't worth it.
The reality of the "Secret Pet"
Plenty of people in New York probably have "secret" squirrels. They found a baby, raised it, and now it lives in their house.
Honestly? It's a ticking time bomb.
Eventually, the squirrel will hit puberty. It will become aggressive. It will bite a guest or a neighbor. Or you’ll post a video of it on TikTok, and someone will report you to the DEC. When that happens, the animal pays the highest price.
Keeping a wild animal in a cage isn't an act of love. It’s an act of possession. If you truly love squirrels, the best thing you can do is keep them wild. Buy a high-quality squirrel feeder for your backyard. Plant some nut-bearing trees. Watch them from your window.
Actionable steps for New Yorkers
If you're currently in possession of a squirrel or thinking about getting one, here is what you need to do right now:
- Contact a rehabilitator immediately: If you have a squirrel you "rescued," reach out to a licensed rehabber to transition the animal to professional care. You can find one through the DEC’s searchable database.
- Report illegal sales: If you see someone selling "pet" squirrels at a market or online in New York, report it to the DEC's law enforcement division. These animals are often poached from the wild.
- Volunteer: If you love squirrels that much, consider getting your wildlife rehabilitation license. New York always needs more people who are trained to help injured animals.
- Advocate for habitat: Support local parks and conservation groups that protect the natural spaces where squirrels thrive.
The law is clear: leave the squirrels in the trees. It's safer for you, and it's infinitely better for them.