Is It Legal to Own a Garter Snake? State-by-State Guide
Garter snakes are native almost everywhere, so most states regulate them as wildlife first and a pet second, often more strictly than an imported colubrid. New York is the standout: state guidance says its native-species law doesn't differentiate between wild-caught and captive-bred animals, so even a pet-store garter snake needs a permit there.
Is It Legal to Own a Garter Snake? State-by-State Guide
The garter snake is probably the single most-caught wild animal of American childhood, the snake nearly every kid has picked up in a backyard or a vacant lot at some point. That familiarity is exactly what makes its legal status counterintuitive. Because it's native almost everywhere, most states don't regulate it as an ordinary pet-trade reptile at all. They regulate it as wildlife, and that often comes with more paperwork than an imported ball python or corn snake ever needs. New York is the extreme case: the state's own guidance says its native-species law "does not differentiate between wild-caught and captive-bred animals," so even one bought at a pet store needs a permit. For everything else about keeping one, see our full Garter Snake care guide, and the Garter Snake encyclopedia profile for the range that explains why this species is native in nearly every state to begin with.
Where Garter Snakes Actually Stand
| Where | Status | Why |
|---|---|---|
| New York | Permit required, even captive-bred | 2006 native-species law protects the common garter snake with no open season; state guidance says the law does not differentiate wild-caught from captive-bred |
| Delaware | Effectively banned as a pet | Native-wildlife rules forbid keeping a Delaware-native reptile as a pet; the only carve-out is a permitted, captive-bred, aberrantly-colored animal, not an ordinary wild-type garter snake |
| Georgia | Effectively banned as a pet | Nongame wildlife possession is barred outside a short exempted list that doesn't include native colubrids; native-reptile permits are issued only for scientific, educational, or exhibition purposes |
| Rhode Island | Effectively banned as a pet | Exempt Colubridae list names sixteen pet-trade snake groups and Thamnophis isn't one of them; native-snake possession is stated to be restricted to institutions |
| Hawaii | Illegal statewide | Bans the entire snake suborder Serpentes outright, no exception for a harmless native mainland species |
| Arkansas, Maryland, Maine, Missouri, Tennessee | Permit required | Each treats the garter snake as native wildlife needing a permit rather than as an ordinary pet-trade colubrid |
| Oregon, Wisconsin | Conditional | Oregon's colubrid clearance is written for nonnative individuals; Wisconsin allows up to five per non-protected native species but bars buying or selling them in-state |
| New Mexico, Vermont | Unclear | Both states' general wildlife-permit frameworks don't clearly address the species and this research couldn't confirm the actual requirement |
New York: Captive-Bred Doesn't Matter
New York adopted a native-species law in 2006 that classifies the common garter snake, along with a long list of other native reptiles and amphibians, as protected wildlife with no open season. The state's Department of Environmental Conservation has published guidance stating plainly that the law "does not differentiate between wild-caught and captive-bred animals." That's unusual. In almost every other state, a garter snake bought from a pet store or bred in captivity gets treated like any other pet-trade colubrid, no different from a corn snake. In New York, it doesn't. The state does issue a possession permit for keeping a limited number of common native species, but that permit doesn't cover buying, selling, or breeding, so a pet-store garter snake in New York sits in a genuinely different legal category than the same animal almost anywhere else in the country.
The States That Go Further
Delaware, Georgia, and Rhode Island don't just require paperwork, they leave ordinary pet ownership without a real path at all. Delaware's native-wildlife rules forbid keeping a Delaware-native reptile as a pet outright, with a narrow exception only for a captive-bred, aberrantly-colored animal held under permit, not a normal wild-type garter snake. Georgia bars possession of nongame wildlife outside a short exempted list that names venomous snakes but not harmless native colubrids, and the state's own guidance says this holds regardless of the animal's origin or morphology, meaning captive breeding doesn't create the exception it does almost everywhere else. Rhode Island's regulation names sixteen groups of pet-trade snakes that can be kept without a permit, and Thamnophis isn't among them, with native-snake possession stated to be restricted to institutions. Hawaii is the simplest and broadest of all: it bans every species of snake statewide, no carve-out for anything, garter snake included.
Where a Permit Gets You There
Five more states require a permit rather than closing the door entirely. Arkansas and Maine both clear long lists of pet-trade colubrid genera by name, but neither list actually includes Thamnophis, so a garter snake in either state needs a separate captive-wildlife permit instead. Maryland, Missouri, and Tennessee reach the same result through a more direct native-species rule, classifying native reptiles as a permitted tier rather than an unrestricted one, and the garter snake qualifies as native in all three. Oregon and Wisconsin fall somewhere in between: Oregon's clearance for garter snakes and similar colubrids is written for nonnative individuals, leaving the state's own native garter snakes to fall under a general nongame-wildlife holding-permit rule once three or more are kept, while Wisconsin allows keeping up to five of each non-protected native species without a permit, garter snakes included, but bars buying or selling native reptiles within the state, so a Wisconsin pet has to come from lawful collecting rather than a shop.
What's Still Unclear
New Mexico and Vermont came back genuinely unresolved. New Mexico sorts species into danger-level groups by regulation, and garter snake isn't named in the text we located, so it defaults into a catch-all tier whose actual permit requirements weren't confirmed. Vermont requires an importation and possession permit for any wild animal not on its Unrestricted Wild Animals List, and this research couldn't confirm whether the garter snake appears on that list. Treat both as open questions rather than settled law until confirmed directly with the relevant state agency.
The Real Takeaway
The garter snake's status as the most commonly encountered native snake in the country works against it here: most states regulate it as wildlife first and a pet second, the opposite of how they treat imported colubrids like the corn snake or ball python. New York's captive-bred-doesn't-matter rule is the one every buyer should know before assuming a pet-store purchase settles the question. Delaware, Georgia, Rhode Island, and Hawaii close off ordinary ownership more completely still. Everywhere else, check your state's native-species rules before treating a garter snake like any other beginner pet snake. For the federal and state framework behind rules like this, see our exotic pet legal hub.
To see this at a glance, our interactive map of garter snake laws shades every state that restricts one, and clicking a state gives you the rule it comes from.
Sources & Further Reading
- N.Y. Comp. Codes R. & Regs. tit. 6, § 3.3: Native Snakes (official text via Cornell LII)
- Cal. Code Regs. tit. 14, § 5.60: Reptiles, take limits and county closures (official text via Cornell LII)
- Georgia DNR: Guide to Legal Pets
- Delaware Code Title 7, Chapter 7, Subchapter I: Regulations and Prohibitions Concerning Game and Fish
❓ Frequently Asked Questions
Can I keep a garter snake I caught in my backyard?
It depends entirely on your state. Because garter snakes are native almost everywhere, most states regulate wild collection under hunting or fishing license rules with a bag limit, not as an ordinary pet-trade purchase. California caps wild collection at 2 per day and closes it entirely in six Southern California counties; Michigan uses a combined 3-per-day, 6-in-possession cap for reptiles and amphibians taken under a fishing license. A few states, including Delaware and Georgia, don't offer a normal pet-keeping path for a wild native garter snake at all.
Do I need a permit for a pet-store garter snake in New York?
Yes, and this is the real surprise. New York's 2006 native-species law classifies the common garter snake as protected wildlife with no open season, and the state's own published guidance says the law does not differentiate between wild-caught and captive-bred animals. That means even a garter snake bought at a pet store needs a state possession permit in New York, a category almost no other state puts pet-store garter snakes into.
Is a garter snake illegal anywhere?
Hawaii bans every species of snake outright, with no path for a garter snake at all. Delaware, Georgia, and Rhode Island regulate it as native wildlife with no ordinary pet-permit route, which effectively closes off casual ownership. Most other states do allow it, though often with a permit or sourcing condition attached rather than treating it like an ordinary pet-trade colubrid.
Written by Mike
Mike is the founder of Beastly Facts and a lifelong reptile enthusiast. He shares his home with Dex, a bearded dragon with strong opinions about crickets and basking schedules. Mike writes in-depth care guides, animal facts, and the occasional short story about life with exotic pets.
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