Are Roof Rats Legal in West Virginia? Keeping, Breeding & Selling

4 min read · Updated August 2026

Roof Rat LawsUnited States › West Virginia

Summary. West Virginia is now DR-verified, and it is one of the cleanest ‘legal’ cases in the country. The state’s wildlife code defines ‘wild animals’ as native mammals EXCEPT ‘house mice or rats’ (W. Va. Code 20-1-2), so the roof rat is excluded from the DNR’s captive-wildlife scheme by name, and there is no species trap (R. rattus and R. norvegicus are treated identically). No rodents appear on the Dangerous Wild Animal List (74 CSR 1), and a domesticated rat also meets the Act’s ‘domestic animal’ (genetic-change) exemption. Keeping, breeding, and selling are all unregulated at the state level (the only commercial-breeder law, 19-20-26, covers dogs only). Importing rodents is a minor gray area (the agriculture CVI rules omit rodents but use conflicting ‘animal’ definitions). Never release one.

Not confirmed by the regulator. This page is based on our own desk research; the sources we used are listed below. Last reviewed 2026-06-10.
legal note This is a research aid, not legal advice; rules change and are interpreted by local officials. Verify with the official source before acting.
National law also applies. These are the West Virginia-specific rules; United States’s national rules (for example, breeder/dealer licensing and import/export) apply on top of them. See United States.

Status by activity

Keeping / owning   Legal

Confidence: High · Last verified 2026-06-10

West Virginia’s wildlife code defines ‘wild animals’ as mammals NATIVE to the state EXCEPT ‘house mice or rats’ (W. Va. Code 20-1-2). The roof rat is both non-native AND within the ‘rats’ carve-out, so the DNR has no jurisdiction (no permit, caging, or inspection). It is also not on the Dangerous Wild Animal List (74 CSR 1-3 lists zero rodents), and a domesticated rat independently meets the Act’s ‘domestic animal’ genetic-change exemption (19-34-2).

Sources: West Virginia Legislature, WV Dept of Agriculture (via Cornell LII)

Breeding   Legal

Confidence: High · Last verified 2026-06-10

No rodent breeder license exists. West Virginia’s commercial-breeding statute (W. Va. Code 19-20-26) regulates dogs only (11+ unsterilized dogs); by expressio unius, rodents are excluded. Even warehouse-scale roof-rat breeding needs no state facility license (federal USDA wholesale rules can still apply, see United States).

Sources: West Virginia Legislature

Selling or giving away   Legal

Confidence: High · Last verified 2026-06-10

No state pet-dealer or pet-shop license exists for rodents (historical exotic-pet-dealer bills failed). Selling or giving roof rats is unregulated at the state level (federal USDA wholesale/sight-unseen rules apply on top, see United States).

Sources: West Virginia Legislature, WV Dept of Agriculture (via Cornell LII)

Transport & import   Unregulated / unclear

Confidence: Medium · Last verified 2026-06-10

Intrastate transport of a healthy pet is unregulated. For IMPORT, the agriculture CVI rules (W. Va. C.S.R. 61-1-8) mandate Certificates of Veterinary Inspection for many species but omit rodents, while conflicting definitions of ‘animal’ leave a minor ambiguity, so a CVI may or may not be demanded for a pet rat. Never release a roof rat.

Sources: WV Dept of Agriculture (via Cornell LII), West Virginia Legislature

Restrictions & responsibilities

Never release a roof rat, it’s a non-native species. Local county/municipal ordinances may add limits, check yours.

Source: West Virginia Legislature

Thinking about keeping or breeding roof rats? Start with the care & husbandry guide, try the interactive games, or get in touch about joining as a colony keeper.

Official sources

Search terms: Rattus rattus, roof rat, black rat, ship rat.

About this page
Last reviewed 2026-06-10, which is when a person last read this page against its sources. Spotted an error, or know the law has changed? Email blonderoofrat@gmail.com. And if you write to the agency yourself and get an answer in writing, please forward it. Written agency replies are how 31 of these pages stopped being research and became confirmed.