Where is the capybara legal?

Hydrochoerus hydrochaeris. Restricted in 29 of the 52 jurisdictions checked. Every entry quotes the rule it comes from.

Interactive map

Alabama: banned for capybaraAlaska: banned for capybaraArizona: no restriction found for capybaraArkansas: permit required for capybaraCalifornia: banned for capybaraColorado: banned for capybaraConnecticut: banned for capybaraDelaware: permit required for capybaraFlorida: permit required for capybaraGeorgia: banned for capybaraHawaii: banned for capybaraIdaho: permit required for capybaraIllinois: no restriction found for capybaraIndiana: no restriction found for capybaraIowa: no restriction found for capybaraKansas: no restriction found for capybaraKentucky: no restriction found for capybaraLouisiana: no restriction found for capybaraMaine: permit required for capybaraMaryland: no restriction found for capybaraMassachusetts: permit required for capybaraMichigan: no restriction found for capybaraMinnesota: no restriction found for capybaraMississippi: no restriction found for capybaraMissouri: no restriction found for capybaraMontana: unclear for capybaraNebraska: banned for capybaraNevada: permit required for capybaraNew Hampshire: unclear for capybaraNew Jersey: permit required for capybaraNew Mexico: banned for capybaraNew York: no restriction found for capybaraNorth Carolina: no restriction found for capybaraNorth Dakota: unclear for capybaraOhio: no restriction found for capybaraOklahoma: permit required for capybaraOregon: banned for capybaraPennsylvania: unclear for capybaraRhode Island: permit required for capybaraSouth Carolina: no restriction found for capybaraSouth Dakota: no restriction found for capybaraTennessee: no restriction found for capybaraTexas: no restriction found for capybaraUtah: permit required for capybaraVermont: permit required for capybaraVirginia: no restriction found for capybaraWashington: no restriction found for capybaraWest Virginia: no restriction found for capybaraWisconsin: no restriction found for capybaraWyoming: permit required for capybaraDistrict of Columbia: banned for capybara

Select a state for the rule behind its colour. Alaska, Hawaii and the District of Columbia are drawn out of position so they can be clicked. The counts include New York City, which has rules separate from the surrounding state and so cannot be shaded on a state map. Listed in full below.

What the colours mean

  • Banned (12)No legal way to keep one, and no permit to apply for.
  • Permit required (13)Legal, but you need a permit or license before the animal arrives.
  • Conditions applyLegal without a permit only if a stated condition is met, such as a generation, a size or an indoor-only rule.
  • Unclear (4)The rule genuinely does not resolve for this animal. Ask the agency before relying on it.
  • No restriction found (23)This jurisdiction was read for this animal and nothing in it restricts one.
  • Not checked yetWe have not read this jurisdiction for this animal. It is not a clean bill of health, it is a gap.

Every restriction on the capybara

29 of the 52 jurisdictions checked restrict this animal in some way. The rest had no rule we could find. Open a row for the wording of the rule and the citation behind it.

Alabama

Banned§ (1)
Any of the following from any area outside the state of Alabama; ...species of skunk, wild rodent, or strain of wild turkey

The largest rodent in the world, and a wild one. Nothing in the rule carves out captive bred stock.

How this rule works: Alabama's prohibited list, not a permitted one, so absence from it means an animal is unrestricted. The official code site is a React app that serves nothing to a fetcher, but /api/rule/<number> returns the current rule as a PDF; use it, because Cornell LII's copy is the 2020 version and the current one differs. Two clauses do most of the work: everything the U.S. Fish and Wildlife Service lists as injurious wildlife under the Lacey Act is banned by reference, and a block of mammals is banned when it comes from outside Alabama.

Ala. Admin. Code r. 220-2-.26, Restrictions On Possession, Sale, Importation And/Or Release Of Certain Animals And Fish →

Alaska

Banned§ 92.029(a), (c)
The department may not issue a permit for the capture, possession, import, or export of any game animal... for use as a pet

Not on the clean list.

How this rule works: The strictest structure in the country and the clearest. Subsection (a) bars possessing live game without a permit, (b) is a short clean list of species needing no permit, and (c) then removes the escape hatch: the department may not issue a permit for any game animal for use as a pet. So an animal missing from the clean list cannot be kept, permit or not.

5 AAC 92.029, Permit for possessing live game →

California

Banned§ 671(c)(2)(J)(1)

How this rule works: § 671(b) defines (D) detrimental and (W) welfare. § 671.1(a) lists permit types; none covers pet keeping. The only possession permit, Animal Care, requires lawful possession in California before January 1992.

California Code of Regulations Title 14 § 671, via CDFW Restricted Species Laws and Regulations Manual →

Colorado

BannedCPW, Wildlife and Animal Possession in Colorado, Regulated Wildlife
Any species of wildlife that is not specifically listed in Chapter W-11 as Domestic or Unregulated or in Chapter W-07 as Appendix A or Appendix B, the species is regulated wildlife and a CPW license is required. CPW will not issue a license for private possession (eg pet) of regulated wildlife.

Not on the domestic animal list and not on the unregulated wildlife list, which leaves it regulated. CPW's mammal list records exactly that for Hydrochoerus hydrochaeris. Colorado has no pet licence to issue. Chapter W-11 § 1104 offers commercial wildlife park licences, which require commercial status, and a non-commercial wildlife park licence that § 1104(B)(2) closed to new entrants: it is available only to someone who held one already or held exotic mammals lawfully before 1 January 1983. The chapter introduction states the effect plainly, that "noncommercial (pet) possession of regulated mammals has been prohibited by these regulations since 1983". Recorded here as banned rather than permit: a licence exists on paper but not one a pet keeper can obtain.

Existing owners: Lawful non-commercial possession of exotic mammals before 1 January 1983 may continue under a non-commercial wildlife park licence, covering those animals and their progeny born after 1 January 1982. Four decades on this is a historical clause rather than a live route.

How this rule works: CPW's own page, with four downloadable lists, herpetofauna, mammals, birds, and fish and marine animals, each row giving a species and the regulation that decides it: Domestic, Unregulated, Appendix A or B, Appendix C, Regulated or Prohibited. Updated 1 May 2026. Not exhaustive, and CPW takes questions on unlisted species by email. This is the agency applying its own rule, which matters most where Appendix A turns on whether a species is native only to the tropics.

Colorado Parks and Wildlife, Wildlife and Animal Possession in Colorado, species determination lists →

Connecticut

Banned§ 26-55-6(a)(3)(B)(xxv), (b)(3)
A member within the order Rodentia, except for guinea pig (Cavia porcellus), gerbil (Meriones unguiculatus), chinchilla (Chinchilla lanigera), rat (Rattus norvegicus), mouse (Mus musculus), hamster (Mesocricetus auratus), dwarf hamster (genera Phodopus and Cricetulus), Patagonia mara (Dolichotis patagonum) and American beaver (Castor canadensis)

Connecticut regulates rodents the opposite way round from most states: rather than naming the ones it bars, it puts the whole order Rodentia in Category Two and then excepts nine, the guinea pig, gerbil, chinchilla, rat, mouse, hamster, dwarf hamsters, Patagonian mara and American beaver. The capybara is not among them, and note what is: the Patagonian mara, another large caviomorph, is excepted while the capybara is not. So this is a deliberate line rather than an oversight, and it is not drawn on size. This entry previously read as unrestricted on the four-family statute. Subsection (b)(3) allows possession of a Category Two animal only by a vet treating it, a municipal park, zoo, marine mammal park, aquarium, nature centre, museum, exhibitor, laboratory or research facility. There is no private permit.

How this rule works: Connecticut's official eRegulations text, served as a PDF. This is the operative rule for every animal on this map, and it sorts wild animals into four categories. Category One (four mammal families) and Category Two (a long specific list) may be possessed only by institutions; Category Three, which is Connecticut's own native species, bars import and export but not possession; Category Four, the state endangered, threatened and special concern species, needs a permit. An animal in none of the four is not restricted by this section. The definitions in subsection (a) do more work than the lists: 'wild animal' reaches invertebrates, and 'domestic animal' is defined in a way that takes the pet rabbit and the ferret out of the scheme entirely.

Regs. Conn. State Agencies § 26-55-6, Importation, possession or liberation of wild birds, mammals, reptiles, amphibians and invertebrates →

District of Columbia

Banned§ 8-1808(j)
no person shall keep any living member of the animal kingdom as a household pet except

DC works from a closed list of seven permitted categories, one of which is domesticated rodents and rabbits. A capybara is a rodent but not a domesticated one, so it fits no category and is barred by default rather than by name.

How this rule works: A closed list and one of the shortest in the country. Subsection (j)(1) bars importing, possessing, displaying, selling, trading or giving as a household pet "any living member of the animal kingdom, including those born or raised in captivity", except seven categories: domestic dogs, domestic cats, domesticated rodents and rabbits, captive-bred common cage birds, non-venomous snakes and fish and turtles, ferrets, and racing pigeons. No lizard, no amphibian and no invertebrate fits any of them. Read from the D.C. Code rather than from a reproduction: the seven categories and their exact wording are what every cell in this jurisdiction turns on.

D.C. Code § 8-1808(j), Prohibited conduct →

Georgia

BannedR. 391-4-8-.05(1)(a)16
The following wild animals are subject to licensing requirements pursuant to O.C.G.A. Sec. 27-5-4. (a) Mammals ... 3. Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) - All species, except that European ferret (Mustela putorius furo) may be sold, purchased, exhibited, or held as a pet without a license or permit ... 7. Orders Diprotodontia and Peramelemorphia (Marsupials) - All species except that Petaurus breviceps (sugar glider) may be sold, purchased, exhibited, or held as a pet without a license or permit ... 8. Order Erinaceopmorpha (hedgehogs) - All species ... 10. Order Lagomorpha (Rabbits, hares, etc) - All species ... 16. Order Rodentia (rats, mice, etc.) - All species except Genera Cavia, Chinchilla, Gerbillus, Meriones, Mesocricetus, and species Mus musculus, Rattus rattus, and Rattus norvegicus

Georgia's licence rule works by taxonomic order rather than by species, which is what catches the capybara. Rodentia is licensed as a whole order with six genera excepted, Cavia, Chinchilla, Gerbillus, Meriones, Mesocricetus and three commensal species. The capybara is none of them, and DNR names it first in its own list of regulated rodents. This entry previously read as a permit, which the statute does not support. The reason a licence does not help is in the statute rather than the rule. O.C.G.A. § 27-5-4(b)(1) says wild animal licences "will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public", and permits only for scientific or educational purposes, for a capuchin monkey held by a person with a permanent disability, or to a pond owner for grass carp. There is no pet category anywhere in it, which is why the rule has to write an express pet exception where it wants one, as it does for the European ferret and the sugar glider.

How this rule works: Georgia sorts wild animals into three tiers and none of them is a pet tier. Rule .03 prohibits outright, and its only pet-relevant entry is the monk parakeet. Rule .04 is inherently dangerous animals needing a licence AND liability insurance: all Felidae, four canid genera, bears, hyenas, kangaroos, great apes, crocodilians, the venomous snake families and a short list of fish and scorpions. Rule .05 requires a licence, and it works by taxonomic order rather than by species, which is why it is so wide: all Carnivora, all hedgehogs, all lagomorphs, all marsupials, all primates, and all rodents except six named genera. The thing to read before any of it is O.C.G.A. § 27-5-4(b)(1), because it says who a licence is issued to: the wild animal trade and public exhibitors, plus no-cost permits for science, education, a capuchin monkey for a person with a permanent disability, and grass carp for a pond owner. No pet. So an animal on .04 or .05 is not a permit animal for a keeper, it is a no, and the rule proves it by writing express "may be held as a pet without a license" exceptions for exactly two animals, the European ferret and the sugar glider.

Ga. Comp. R. & Regs. Subject 391-4-8, Wild Animals, and O.C.G.A. § 27-5-4 →

Hawaii

Banned§ 150A-6.2(c)
Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists

Hydrochoerus is on no Hawaii list, so the default prohibition applies.

How this rule works: The statute behind the lists. Subsection (c) is the default rule: anything not on the conditionally approved, restricted or prohibited list is prohibited until the board reviews it.

Hawaii Revised Statutes § 150A-6.2, Animal import →

Nebraska

Banned166 NAC 8 § 001.08A; Neb. Rev. Stat. § 37-246
001.08A Importation: the following wildlife may be imported: Alpaca ... Chinchilla, Chinchilla spp. ... Coatimundi ... Degu, Octodon spp. ... Fox, Vulpes spp. ... Genet ... Gerbil, Gerbillus spp. ... Guinea pig, Cavia porcellus ... Eurasian Hedgehogs, Erinaceus spp. ... Jerboa, greater ... Sugar Glider(s), Petaurus spp. ... Wallabies ... All Ratites, All Waterfowl, All Peafowl, All Game Birds, All Cage and Aviary Birds

Nebraska answers an exotic mammal by importation rather than by possession, and it takes two steps to see why. §§ 37-245 and 37-246 define wild birds and wild mammals as species native to, migrating through, or established in Nebraska, so the capybara is not a wild mammal and the Captive Wildlife Permit scheme in § 001.01B never reaches it. That would look like a clean yes, except that § 001.08A is a closed importation list and this animal is not on it. There is no lawful way to bring one into the state, and § 001.08E forecloses reading anything else in the chapter as authority to. The list does carry several South American mammals, the alpaca, the guanaco, the vicuna, the llama, the chinchilla and the degu, so the omission is not about the continent.

How this rule works: Nebraska renumbered its Game and Parks regulations: what used to be 163 NAC ch. 4 is now Title 166, and captive wildlife has its own chapter 8 rather than a subsection. Anything on this map citing "163 NAC ch. 4, § 008" is pointing at a title that is now called ADMINISTRATION. Chapter 8 has three operative parts. § 001.01B bars retaining any WILD BIRD or WILD MAMMAL in captivity except a listed set of Nebraska natives under a Captive Wildlife Permit. § 001.07A prohibits six species outright, none of them a pet: the Asian raccoon dog, white-tailed and mule deer, red deer, wild pigs and bighorn or thinhorn sheep. And § 001.08A is a closed importation list, which is what actually answers most exotic mammals here, because they are not wild mammals and so the permit scheme never reaches them. Chapter 10 does the same job for reptiles and amphibians and is limited to species native to Nebraska.

166 Neb. Admin. Code ch. 8, Keeping Wildlife in Captivity, and ch. 10, Nongame Species In Need Of Conservation →

New Mexico

BannedDirector's Species Importation List, 2023
Any species of live non-domesticated animal not currently on the species importation list will be designated group IV until such time as another determination is made by the director.

The capybara appears nowhere on the Director's list, and New Mexico's default clause is the operative rule: an unlisted live non-domesticated animal is designated group IV until the director decides otherwise. Resolved from a previous unclear entry now that the list is in hand. Group IV importation is prohibited for the general public and allowed only for scientific study, department approved restoration, zoological display, temporary events, use as a service animal, or by a qualified expert. One caveat on all of this: 19.35.7 NMAC is an importation rule, its stated scope being persons who desire to bring wildlife species into New Mexico, so it governs getting the animal here rather than keeping one already in the state.

How this rule works: The roughly 1,300 row table that 19.35.7 NMAC points at and that earlier research could not obtain. Every row gives a family, a scientific name, a common name and a roman numeral group. Group I is semi-domesticated and needs no importation permit. Group II is not known to be invasive or dangerous and needs a permit. Group III presents minimal or manageable concerns and needs a permit with specific provisions attached. Group IV is prohibited to the general public. The list is reached from the download page rather than a direct file URL, and the site needs a User-Agent header.

New Mexico Department of Game and Fish, Director's Species Importation List, updated January 2023 →

New York City

Banned§ 161.01(b)(14)
No person shall sell or give to another person, possess, harbor, keep, or yard wild or other animals identified in this section ... other than in: (i) a zoological park or aquarium ...; or (ii) a laboratory ...; or (iii) a veterinary hospital ...; or (iv) a temporary exhibit, performance or display that has been issued a permit by the Commissioner. ... For the purposes of this Code, a wild animal is deemed to be any animal which is naturally inclined to do harm and capable of inflicting harm upon human beings and all such animals are hereby prohibited ... Such animals shall also include: (i) any animals specified by the Commissioner in regulations ...; (ii) any native or exotic wildlife whose possession or sale is prohibited because they are designated as protected or endangered pursuant to any federal, state or local law, regulation, or rule; and (iii) any of the following animals:

Named in the large rodent clause alongside the prairie dog, the paca and the viscacha. As the largest rodent in the world it is the least surprising entry in the article. § 161.01(d) is worth knowing alongside the prohibition: a prohibited animal may be seized by any authorized city employee, the owner has three business days to request a hearing, and with the Department's written consent the animal may be removed to a jurisdiction where it is not prohibited. That last provision is the closest thing to relief in the article.

How this rule works: A city rule that is stricter than any state on this map, and it works in three layers. It opens with a standard rather than a list, deeming a wild animal to be "any animal which is naturally inclined to do harm and capable of inflicting harm upon human beings". It then adds, at (b)(ii), any wildlife protected or endangered under federal, STATE or local law, which imports New York State's protected wildlife scheme into the city wholesale. And it closes with 24 numbered clauses that work mostly by family: all cats other than Felis catus and their hybrids, all dogs other than Canis familiaris, all Mustelidae including the ferret by name, all squirrels, all marsupials, all large rodents, all Boidae, all Pythonidae, all Varanidae, all Iguanidae, all teiidae, all Chelydridae, all venomous spiders including the tarantula by name, and all turtles under four inches. § 161.01(c) is the short answer to what is left: gerbil, hamster, guinea pig, domesticated rabbit, and small birds such as parakeet, parrot, canary and finch.

New York City Health Code § 161.01, Wild and other animals prohibited →

Oregon

BannedOAR 635-056-0050(1)(a)(J)(vii)
Capybara — Hydrochaeridae — Hydrochaeris hydrochaeris;

Named to the species on the prohibited list. This entry previously read as unrestricted because rodents are outside the Agriculture exotic animal definition, which is true and beside the point: the ODFW nonnative wildlife rules are what decide a rodent in Oregon, and they name this one. OAR 635-056-0150 allows someone who held the animal before the commission listed it to keep it for its life, on proof of lawful prior possession, with no transfer, sale or transport inside Oregon and no release. Oregon cities and counties may prohibit exotic animals by ordinance on top of state law, so check the municipality as well.

How this rule works: The ban list, and the one to check before assuming a common pet is fine in Oregon. It reaches the prairie dog, the capybara, the southern flying squirrel, the tiger salamander, the snapping turtle and the whole of Trachemys, all of which are ordinary pet-trade animals elsewhere on this map.

OAR 635-056-0050, Prohibited Species →

Arkansas

Permit requiredCode Addendum R1.01, Unrestricted Captive Wildlife Species List
The following species are exempt from Codes 09.02 (Possession Of Non-Native Wildlife In Captivity Restricted), 09.07 (Wildlife Breeder/Dealer Permit Required), and 09.10 (Wildlife Importation Permit Required)

Not on the mammal list, which stops at the Norway rat and the chinchilla in rodent terms.

How this rule works: Species exempt from Codes 09.02 (possession of non-native wildlife restricted), 09.07 (breeder/dealer permit) and 09.10 (importation permit), named individually with binomials. Read it out of the codebook rather than the compiled PDF AGFC posted at agfc.com in 2022, which is the version that circulates as "the Arkansas list" and is two revisions behind: it lacks the rosy boa and the whole Anoline Lizards entry with its Arkansas-native exception. The compiled PDF says so itself, that the codebook lists "take precedence".

Arkansas Game and Fish Commission Code Book, Addendum R1.01, Unrestricted Captive Wildlife Species List →

Delaware

Permit required3 Del. Admin. Code 903-6.2, with Del. Code tit. 3 § 7201
Unless specifically exempt from the permitting requirement as presented in regulation 6.1, all persons who would own or have custody of an exotic animal must first obtain a permit issued by the Department.

Corrected from banned. The previous entry read a wild rodent prohibition into Delaware's rules; no such prohibition exists in chapter 903. The exempt mammal list simply does not reach the capybara, which leaves it a live wild mammal needing an Individual permit under 6.2. The permit is a $25 Individual permit from the Department of Agriculture, issued where possession will be in the public interest, so this is a real route rather than a closed door.

How this rule works: The regulation that actually decides Delaware, and it is much narrower than the list circulating in secondary sources. § 7201 requires a permit before anyone brings in, possesses, sells or exhibits a live wild mammal, a hybrid of a wild mammal, or a live reptile not native to Delaware, and bans non-native venomous snakes outright with no permit available. Regulation 6.1 then exempts a named list of pets from the permit entirely, and 6.2 says everything else needs one. The only species the State Veterinarian may not permit at all are at 4.7: gila monsters, beaded lizards and komodo dragons. Pythons, anacondas and boas appear only at 7.5.2.10, a restriction on what Sales Permit holders may breed, not a possession ban. The Delaware regulations site is a single-page app that serves no text to a fetcher, so this was read from a full reproduction and cross-checked against the Department of Agriculture's own exotic animals page.

3 Del. Admin. Code 903, Exotic Animal Regulations, with Del. Code tit. 3 § 7201 →

Florida

Permit required68A-6.002(1)(c); 68A-6.003(8), (14)
Class III: All other wildlife not listed herein, except those for which a permit is not required pursuant to Rule 68A-6.003, F.A.C. ... Hybrids resulting from the cross between wildlife and domestic animal, which are substantially similar in size, characteristics and behavior so as to be indistinguishable from the wild animal shall be regulated as wildlife at the higher and more restricted class of the wild parent.

Class III in Florida is a residual category, "all other wildlife not listed herein, except those for which a permit is not required", and the capybara lands in it by not being anywhere else. That means a Permit to Possess Class III Wildlife for Personal Use, which costs nothing, runs two years, and requires the applicant to be 16. The thing to notice is what it is not on: 68A-6.003(14) exempts 22 categories from any permit at all, and this animal is not among them. This entry previously read as unrestricted. The exemption list does carry several rodents, the guinea pig, the hamster, the gerbil, the prairie dog and the chinchilla, but not the capybara, and an unlisted rodent falls back to Class III rather than out of the scheme.

How this rule works: Florida sorts all wildlife into three classes and then exempts a list from the scheme entirely, and the exemption list is what most pet questions turn on. 68A-6.002 puts 24 taxa in Class I, which 68A-6.003(6) says may not be possessed for personal use at all, and 38 in Class II, which needs a $140 annual permit plus documented experience and caging. Class III is everything else, and 68A-6.003(8) requires a no-cost personal use permit for it. Then 68A-6.003(14) lists 22 categories needing no permit at all, and that list is the answer for most of this map: nonvenomous unprotected reptiles and amphibians, gerbils, hedgehogs, sugar gliders, rabbits, squirrels, ferrets, guinea pigs, hamsters, prairie dogs, chinchillas and parrots among them. Read the class lists without 68A-6.003(14) and Florida looks like a permit state for a bearded dragon. Read (14) without the class lists and it looks like a free-for-all for a capybara.

68A-6.002, 68A-6.003 and 68A-6.004, F.A.C., Captive Wildlife →

Idaho

Permit required§ 410.08
South American Rodents. All South American rodents except guinea pigs and chinchillas.

Hydrochoerus hydrochaeris is a South American rodent and is not excepted.

How this rule works: Section 100.01 bars possession of a deleterious exotic animal without a possession permit from the Administrator. Sections 401 to 412 are the list itself, by taxon.

IDAPA 02.04.27, Idaho Department of Agriculture, Rules Governing Deleterious Exotic Animals →

Maine

Permit requiredUnrestricted Species list
Rodentia (Rodents)

Not on the rodent list, which stops at the brown rat in size terms.

How this rule works: The list 12 M.R.S. § 12152(1-A) requires the department to maintain and 09-137 CMR ch. 7 § 7.06(1) describes: species needing no importation, exhibition, propagation, research or possession permit, which pet shops may also trade. Dated 11 August 2017 on every page, and this is the version IFW still serves. Three headings do most of the work: Reptilia, Serpentes and Testudines each carry "Captive Bred Origin Only", and an asterisk on an entry removes anything on the USFWS injurious or threatened and endangered lists, in CITES Appendix I, or on the IUCN Red List as Endangered, Critically Endangered or Extinct in the Wild.

Maine Department of Inland Fisheries and Wildlife, Unrestricted Species List →

Massachusetts

Permit required321 CMR 9.01(1), (12)(a)
The purpose of 321 CMR 9.01 is to list those species which are exempt from the licensing provisions of M.G.L. c. 131, § 23, and which may be imported, possessed, maintained, propagated, bought, sold, exchanged or offered for sale without a license or permit from the Division. Species not listed, or which are expressly listed as "require(s) a permit", are not exempt from the provisions of M.G.L. c. 131, § 23.

The mammal exemption list is thirteen entries and the capybara is not one of them, which in a closed-list state is the whole answer. 9.01(1) says species not listed "are not exempt from the provisions of M.G.L. c. 131, § 23", and 9.02(2)(c) adds that any vertebrate taxon not on the domestic list is presumed wild. The list does include the paca, Cuniculus spp., a South American caviomorph rodent of the same general kind, which is a reminder that this list is a set of individual decisions rather than a principle. MassWildlife's own guidance is blunt about what that means in practice: permits for non-exempt wildlife "are issued only for certain scientific, educational, commercial, or other specific reasons" and "You will not be issued a permit for keeping a wild animal as a pet." The statute is less absolute, since § 23 contemplates "an individual license for an animal that is not on the special exemption list" and even sets a preference for captive-bred animals where wild depletion is an issue, so the licence exists on paper and the agency says it will not grant one for a pet.

How this rule works: Massachusetts runs a closed white list and says so in terms: a species not on it, or listed as requiring a permit, is not exempt from M.G.L. c. 131, § 23. Two structural points decide most of this state. First, 9.01(2) defines "species" as a "distinct non-domestic VERTEBRATE animal population", and § 23 itself reaches only fish, birds, mammals, reptiles and amphibians, so terrestrial invertebrates are outside the scheme entirely. Second, 9.01(3) is a categorical override that most readings of this rule miss: no species may be exempted if it is listed under the federal Endangered Species Act, appears in the IUCN Red Book(s), or is on the Massachusetts endangered, threatened and special concern list at 321 CMR 10.90. Nearly every group listing in 9.01 repeats the cross-reference, so it operates as a live carve-out rather than as drafting furniture, and it is what pulls the Burmese python out of Boidae, the crested gecko out of Gekkonidae and the box turtle out of the turtle allowance.

321 CMR 9.00, Exotic Wildlife: 9.01 Exemption List and 9.02 List of Domestic Animals →

Nevada

Permit requiredNRS 503.597(1)
it is unlawful, except by the written consent and approval of the Department, for any person at any time to receive, bring or have brought or shipped into this State, or remove from one stream or body of water in this State to any other...any aquatic life or wildlife

Resolved from unclear. The previous entry noted this animal is on neither Nevada list and that no default could be found for unlisted species. The default is NRS 503.597, which makes it unlawful to bring any wildlife into the state without the written consent and approval of the Department. NAC 503.140 is the list of exemptions from that requirement, so being absent from it leaves the requirement in place rather than leaving the animal unregulated. Nevada leaves county and city ordinances untouched, and Clark County, Las Vegas and Henderson are all stricter than the state, so check the municipality before the state.

How this rule works: The default nobody had pinned down. NRS 503.597 makes it unlawful without the written consent and approval of the Department for any person to receive, bring or have brought or shipped into the state any aquatic life or wildlife, so an animal that is neither prohibited by NAC 503.110 nor cleared by NAC 503.140 needs Department approval rather than being unregulated. NRS 501.097 defines wildlife as any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, which leaves insects and arachnids outside the Department's authority entirely.

Nev. Rev. Stat. § 503.597, importation of wildlife, with the definition of wildlife at NRS 501.097 →

New Jersey

Permit requiredN.J.A.C. 7:25-4.5
A permit shall be required for any other exotic mammals, birds, reptiles, or amphibians, or nongame species not specifically exempted by N.J.A.C. 7:25-4.4.

New Jersey is a closed-list state in the strict sense. 7:25-4.2(a) bars possession of any exotic or nongame species without a permit, 4.4 then names the handful that may be kept without one, and 4.5 sweeps everything else back in. The capybara appears on none of the Division's three lists, so it is not exempt under 4.4, not one of the families singled out in 4.3, and not potentially dangerous under 4.8. That leaves 4.5, and the permit it points to is the individual hobby permit at 4.6(a)1, which 4.7 conditions on diet, caging that prevents escape, lawful acquisition, veterinary care and freedom from disease. The Division's own handout tells readers to phone the permits office for anything the lists do not name, which is a fair signal that the catch-all is where these end up rather than an oversight. The rodent entries in 4.8(a) are Cynomys and Spermophilus, both burrowing ground squirrels flagged for disease, so the capybara is not swept in by size the way it is in states that use a weight threshold.

How this rule works: NJDEP's own courtesy copy of the whole of N.J.A.C. 7:25. Subchapter 4 starts at 7:25-4.1 and carries the definitions, the permit requirement at 4.2, the three species lists at 4.3, 4.4 and 4.8, the pet bar at 4.9(a)3 and 4.15(b), and the state endangered list at 4.13. The three list PDFs the Division hands out are extracts of this.

N.J.A.C. 7:25 Subchapter 4, Endangered, Nongame and Exotic Wildlife →

Oklahoma

Permit required§ 800:25-25-3(a)
The following wildlife species are exempt from import and export permits, commercial wildlife breeders licenses, noncommercial wildlife breeders licenses and commercial hunting area license requirements

Absent from the exemption list, so a noncommercial wildlife breeder's licence and an import permit apply.

How this rule works: One of the most permissive exemption lists in the country, naming the fennec fox, the sugar glider, the coatimundi, the wallaby and primates individually. Note what the exemptions are from: import and export permits and commercial and noncommercial wildlife breeder licences, not a ban. Subsection (c) exempts non-indigenous reptiles and amphibians as a class, with a two-limb carve-out for species that could establish here and are injurious under federal rules. Oklahoma's own rules site, rules.ok.gov, returns 403 to this container, so this is read from Cornell LII and cited to the official section.

OAC 800:25-25-3, Exemptions →

Rhode Island

Permit required§ 3.9(B)
no person shall be allowed to import, or possess any animals defined as exotic wild animals or native wild animals without first obtaining a permit from the Department

Not domestic, not native, and not on the § 3.17 exempt list, so the general permit requirement applies. Private ownership permits are available for animals outside the order Carnivora.

How this rule works: One of the most species-specific schemes in the country. § 3.6 defines domestic animals, § 3.7 sets general prohibitions, § 3.9 governs permits, and § 3.17 is the long exempt list of animals that need no exotic animal possession permit. Anything not domestic, not native and not on the § 3.17 list needs a permit.

250-RICR-40-05-3, Rules and Regulations Governing the Importation and Possession of Wild Animals →

Utah

Permit requiredTable 3b-1, controlled mammals
Capybaras - Hydrochoerus hydrochaeris, Hydrochoerus isthmus

Controlled rather than prohibited, so a certificate of registration is required before collection, importation or possession, but a route exists. Same column as the bobcat and the two-toed sloth.

How this rule works: Five sections: domestic mammals and birds not covered by the rule, noncontrolled mammals and birds, controlled mammals, and prohibited mammals. The header sets an inverted default: 'Except as otherwise listed, all species are presumed prohibited. All species not listed will require an assessment before collection, importation, or possession will be authorized.' The prohibited section adds that 'personal possession will not be authorized'.

Utah DWR Bird and Mammal Classification Table 3b-1 (May 1, 2023), under Utah Admin. Code R657-3b →

Vermont

Permit requiredUnrestricted Wild Animal List, July 2025, and Regulation 881
Species not found on the Restricted, Unrestricted or Domestic species lists are considered Restricted.

The capybara is on neither the Unrestricted nor the Restricted list, and Vermont treats absence as a restriction. The rodents it does allow are a specific set: guinea pigs, chinchillas, agoutis, degus, hamsters, gerbils, spiny mice, kangaroo rats and domesticated mice and rats. A permit exists on paper but not for a pet: Regulation 881 says the Commissioner shall not issue a permit for keeping or possessing a wild animal in captivity except for bona fide scientific or educational purposes. So restricted here means a private keeper cannot have one, not that there is paperwork to fill in. Resolved from a previous unclear entry now that the list is in hand.

How this rule works: The list the whole Vermont answer turns on, and the one earlier research could not obtain. Anything on it may be kept with no permit. Its closing line is the important part: species not found on the Restricted, Unrestricted or Domestic species lists are considered Restricted, which makes Vermont an inverted-list state like Hawaii. Several entries are marked Captive Bred Only, which is a real condition rather than a note. The site refuses automated requests without a User-Agent header.

Vermont Fish and Wildlife Department, Unrestricted Wild Animal List, July 2025 →

Wyoming

Permit required§ 11(b)(v), § 13(d)
(v) All members of the order Rodentia from Africa;

The rodent ban is geographic and reaches Africa only, so a South American rodent falls through to the discretionary permit at Section 13(d).

How this rule works: Two closed lists do the work. Domestic animals and domesticated animals are both defined by enumeration, with the phrase for the purpose of this regulation, only the following animals are considered domestic. Anything on neither list is wildlife, and Section 13(d) leaves it to a permit that may be authorised upon approval.

Wyoming Game and Fish Commission Regulation Chapter 10, Importation and Possession of Live Warm-Blooded Wildlife →

Montana

Unclear§ 87-5-702(2)
"Domestic animal" means an animal that, through long association with humans, has been bred to a degree that has resulted in genetic changes... The term includes livestock, as defined in 81-2-702, dogs, cats, rodents, Eurasian ferrets, and poultry.

The word rodents is written flatly into the domestic animal definition, which would put every rodent outside the exotic wildlife scheme. The substance of the definition is about animals bred into domestication, which a capybara plainly is not. Nothing classifies it either way.

How this rule works: Montana runs a white list, which is unusual. § 87-5-705(1) says a person may not import, possess or sell any exotic wildlife unless it is allowed by law or commission rule, so an animal that appears on none of the three lists is not permitted rather than unregulated. § 87-5-706 is the statutory noncontrolled list and § 87-5-702 puts rodents, cats, dogs and Eurasian ferrets outside the scheme as domestic animals.

Montana Code Annotated Title 87, Chapter 5, Part 7, Importation, Introduction, and Transplantation of Wildlife →

New Hampshire

UnclearFis 804.02, Fis 804.05

On neither the non-controlled list nor the controlled table. The Patagonian cavy is listed but the capybara is not, so there is no category that authorises a permit and no exemption either. Ask Fish and Game rather than assuming the silence means yes.

How this rule works: Readopted in full by Document #14558, effective 21 April 2026. Four buckets and a closing rule. Fis 804.02 is the non-controlled possession list, Fis 804.03 the prohibited list, Fis 804.05 with Table 800.2 the controlled table, and Fis 804.04(b) then says "All species not specifically listed under the categories of non-controlled, prohibited, or controlled shall be designated as prohibited." Fis 803 runs the same three-way split for importation against Table 800.1. The number beside a species in either table is the permittee category from Fis 802.01: 1 is an individual, 5 an exhibitor, so a species marked 5 alone cannot be held privately. Fis 802.05 is the waiver for unlisted species and subsection (c) closes it to categories 1, 2, 3, 4, 6 and 7, which leaves only exhibitors.

New Hampshire Code of Administrative Rules, Fis 800, Importation and Possession of Wildlife →

North Dakota

Unclear§ 36-01-08.1
"Nontraditional livestock" means any wildlife held in a cage, fence, enclosure, or other manmade means of confinement that limits its movement within definite boundaries

Inside the nontraditional livestock definition, with no rule currently attaching a licence.

How this rule works: The chapter names only three restrictions relevant to pets: skunks and raccoons may not be kept at all, mountain lions and wolves need a tattooed identification number, and the board is to make rules on primates. § 36-01-08.1 says the board may require a licence for nontraditional livestock, meaning any wildlife held in confinement. The wording is permissive but the board has used it: see NDAC article 48.1-09 for the three categories and the licence, and § 36-01-00.1(3) for a definition of domestic animal that runs only to dogs, cats, horses, cattle, sheep, goats, bison, farmed elk, llamas, alpacas and swine.

North Dakota Century Code Chapter 36-01, Board of Animal Health →

Pennsylvania

Unclear58 Pa. Code § 137.1(a)(11)
Game or wild held captive . Game or wildlife held in captivity or captive bred in another state or nation.

The capybara is named nowhere in Pennsylvania law. What arguably reaches it is this catch-all, which bars possessing wildlife captive bred in another state, read together with 34 Pa.C.S. § 102, where wild animals means every mammal except horses, cattle, sheep, goats and pigs. That is the same reading the Game Commission uses to ban hedgehogs and sugar gliders, and it is an agency interpretation of a definition rather than a rule anyone wrote about this species. Recorded unclear rather than banned because no text names the animal.

How this rule works: The Game Commission's actual prohibited list, and the document most Pennsylvania exotic pet questions turn on rather than the § 2961 definition. Eleven categories, of which three matter most here: all Felidae except house cats, the monk parakeet by name, and a catch-all barring possession of any wildlife held in captivity or captive bred in another state or nation.

58 Pa. Code Ch. 137, Game Commission wildlife regulations, § 137.1 importation, possession, sale and release of certain wildlife and § 137.31 possession of live wildlife →

For the full write-up, including the states that get reported wrongly, read the capybara legal guide.

Cite this page

Every entry here is quoted from the statute or regulation it comes from, with the date it was last read against the published text.

How to read this

Two of the shades mean very different things and are worth telling apart. A flat grey state was read for this animal and nothing in it restricts one. A dotted state has not been read for this animal at all. Coverage runs from two jurisdictions to fifty-one depending on the species, so on a less-researched animal most of the map is a gap in our work rather than a finding, and it should not be taken as permission.

Even a flat grey is not a guarantee. It means no restriction was found in the specific body of law checked for that state, which is recorded alongside each jurisdiction. Cities and counties regularly ban animals their state allows, and several states say so in their own rules.

Hatched grey means the rule genuinely does not resolve. Usually a definition arguably reaches the animal without naming it, and the honest answer is to ask the agency rather than to guess. Those entries are marked unclear on purpose rather than being rounded to a yes or a no.

Every entry links to the regulation it came from. None of this is legal advice, laws change without much notice, and the agency that issues the permit is always the last word. For the federal layer and how state schemes are structured, see the exotic pet legal hub.