Raccoons have become a hot topic in West Virginia after the 2026 Wildlife Management Act amendment classified them as “non‑game wildlife.” The short answer: you may legally possess or rehabilitate a raccoon, but only with a proper permit from the West Virginia Division of Natural Resources (WVDNR). Capturing, transporting, or selling raccoons without a license remains a misdemeanor, and certain activities—such as feeding in residential areas or releasing captured animals—are expressly prohibited. Understanding these nuances can keep you on the right side of the law while protecting both the animals and the ecosystem.
Legal Status of Raccoons in West Virginia
Under West Virginia Code § 18‑10‑2b, the 2026 amendment removed raccoons from the list of game species and placed them under the “non‑game wildlife” category. This shift means that hunting seasons no longer apply, but the state retains authority to regulate possession, transport, and commercial use. The WVDNR now issues “Raccoon Possession Permits” for wildlife rehabilitators, educators, and private individuals who meet health‑and‑safety standards. The intent behind the change is to curb disease spread, protect native species, and ensure humane treatment.
Permits and Regulatory Requirements
To legally keep a raccoon, you must apply for a permit through the WVDNR Wildlife Services Division. The application requires:
- Proof of a secure enclosure that meets USDA Animal Welfare standards.
- A completed Course on Wildlife Handling (available online).
- Proof of liability insurance or a $5,000 bond.
Permits are issued for one year and must be renewed annually. Commercial breeding or sale of raccoons demands an additional “Wildlife Commercial Use License,” which includes strict record‑keeping and inspection clauses.
Prohibited Activities and Penalties
Even with a permit, certain actions are unlawful:
- Feeding raccoons in public parks or residential neighborhoods.
- Releasing captured raccoons into the wild without a WVDNR re‑release permit.
- Transporting raccoons across state lines without a USDA Animal Health Permit.
Violations are classified as misdemeanors, punishable by up to $2,500 in fines and six months imprisonment per offense. Repeat offenders may face felony charges under the Wildlife Protection Act.
Key Takeaways for Residents
- Raccoons are legal to possess only with a valid WVDNR permit.
- Hunting seasons no longer apply, but capture without a permit is illegal.
- Commercial activities require a separate license and strict compliance.
- Prohibited activities focus on public health and ecological balance.
- Non‑compliance results in substantial fines and possible jail time.
Frequently Asked Questions
Do I need a permit to feed a raccoon on my property?
Yes. Feeding wildlife, including raccoons, is prohibited without a specific “Feeding License” issued by the WVDNR, which is rarely granted and limited to educational facilities.
Can I relocate a nuisance raccoon to a rural area?
No. Relocating raccoons without a re‑release permit violates state law and can spread rabies or other diseases. The proper course is to contact the WVDNR Wildlife Services for humane removal.
Are rescued baby raccoons automatically covered by a possession permit?
A rescued juvenile requires a temporary “Emergency Care Permit,” which is valid for 30 days while you arrange for permanent rehabilitation or release through an accredited center.
How does the new law affect hunters who previously hunted raccoons?
Hunting raccoons is no longer permitted. Individuals who wish to harvest raccoons for research or population control must obtain a special “Population Management Permit” from the WVDNR.
What records must I keep if I operate a raccoon breeding facility?
You must maintain daily logs of animal health, breeding pairs, births, and sales; submit quarterly reports to the WVDNR; and allow unannounced inspections by wildlife officers. Non‑compliance can lead to license revocation.