Yes, it is illegal to kill snakes in Maryland. Every native snake species is protected under the state’s Nongame and Endangered Species Conservation Act, and killing one is a misdemeanor punishable by a fine of up to $1,500 for a first offense and up to $4,000 plus as much as a year in jail for repeat offenses. The rule applies to venomous species, nonvenomous species, snakes on public land, and snakes in your own backyard.
Why Every Snake Is Protected
Maryland’s Nongame and Endangered Species Conservation Act, codified at Natural Resources §10-2A-01, defines “nongame species” as any wildlife not classified as game birds or mammals, threatened, or endangered. No snake in Maryland is classified as a game animal, so every snake species falls under the Act by default. The Maryland Department of Natural Resources states this directly: all snake species are protected, and killing them is prohibited regardless of species.1Maryland Department of Natural Resources. Venomous Snakes of Maryland
State regulations reinforce that ban. COMAR 08.03.11 governs native reptiles and amphibians and was written to “protect and conserve native reptiles and amphibians while maintaining many of the educational and economic benefits derived from them.” The regulation also bans the tools people typically reach for: hooks, arrows, spears, traps, pit falls, nets other than dip nets, and chemicals like gasoline cannot be used to capture or kill a regulated reptile.2Library of Maryland Regulations. COMAR 08.03.11 – Reptile and Amphibian Possession and Permits
A common assumption is that owning the land gives you the right to kill wildlife on it. Maryland law does not work that way. State wildlife protections apply on private property just as they do on public land.
Penalties for Killing a Snake
Killing a protected snake is a misdemeanor under Natural Resources §10-1101. The fines climb sharply with a prior offense:
- First offense: a fine of up to $1,500, plus court costs at the judge’s discretion.
- Second or subsequent offense within two years: a fine of up to $4,000, imprisonment of up to one year, or both, plus court costs.3New York Codes, Rules and Regulations. Maryland Code Natural Resources 10-1101 – Fines and Penalties
The repeat-offender clock is broader than it looks. Any prior violation of the Wildlife title in the previous two years triggers the enhanced penalties, not just a prior snake offense. Someone cited for an unrelated wildlife violation who then kills a snake within that window is exposed to the higher fine and possible jail time.
Venomous Snakes Are Not an Exception
Maryland has two venomous snake species: the Eastern Copperhead and the Timber Rattlesnake. Both are protected on the same terms as every other native snake. Fear of a bite does not create a legal defense for killing one. The Department of Natural Resources advises residents to leave venomous snakes alone and notes that many bites happen when people try to capture or kill them.1Maryland Department of Natural Resources. Venomous Snakes of Maryland
Copperheads turn up across much of the state in rocky, wooded areas. Timber Rattlesnakes are concentrated in the western mountains. Most snakes you see in a Maryland yard will be nonvenomous species like the Eastern Ratsnake or Common Gartersnake.
Endangered Species Carry Extra Legal Weight
Some snakes get heightened protection because they are at genuine risk of vanishing from the state. Under the Nongame and Endangered Species Conservation Act, a species is “endangered” when its continued existence as a viable part of Maryland’s wildlife is in jeopardy, or “threatened” when it appears likely to become endangered in the foreseeable future.4Maryland General Assembly. Maryland Code Natural Resources 10-2A-01 Any species listed under the federal Endangered Species Act automatically carries the same status in Maryland.
Among snakes, the Rainbow Snake and the Mountain Earthsnake are classified as state endangered. Killing, possessing, or interfering with either goes beyond the general wildlife misdemeanor and implicates the endangered species provisions of the Act, which carry additional penalties.
What to Do Instead When You Find a Snake
A snake in your yard does not automatically qualify as a “nuisance” animal. The Department of Natural Resources draws a clear line: homeowners are prohibited from trapping or killing wildlife outside regulated seasons unless the animal has been actively causing property damage or is an obvious threat to public health and safety.5Maryland Department of Natural Resources. Wildlife Problems A snake sunning itself on the patio does not clear that bar.
In most cases, the safest and cheapest move is to leave the snake alone. Most will move on within hours. If the snake is inside your house or somewhere it truly cannot be ignored, contact a commercial Wildlife Damage Control Operator. The Department of Natural Resources maintains a county-by-county list of licensed operators.6Maryland Department of Natural Resources. Wildlife Damage Control Permit These operators hold the permits required to legally handle protected wildlife. Professional removal typically runs $100 to $600.
Prevention beats removal. Clear brush piles, wood stacks, and rock piles near the house. Keep grass short. Seal gaps in foundations, doorways, and garage doors, and cover vents with quarter-inch hardware cloth. These steps also cut the rodent population that draws snakes in.
If a Snake Is Actively Threatening Someone
The DNR’s guidance allows homeowner action when an animal is “an obvious threat to public health and safety,” but you are still expected to contact the Department first. Call 1-877-463-6497 within Maryland or 410-349-8055 from outside the state to request a free landowner trapping permit.5Maryland Department of Natural Resources. Wildlife Problems Acting without that authorization leaves you legally exposed even if the threat felt real at the time.
Skip the Mothballs
Products sold as snake repellents, usually containing naphthalene or sulfur, have no reliable scientific support. Multiple wildlife agencies have warned that these products do not work and can poison pets, children, and soil. Physical exclusion and habitat cleanup are what actually keep snakes away.
When State Charges Turn Into a Federal Case
A Maryland violation can escalate into a federal crime if the snake crosses state lines. The Lacey Act, at 16 U.S.C. §3372, makes it unlawful to import, export, transport, sell, or purchase any wildlife taken in violation of state law when that activity crosses state or international borders.7Office of the Law Revision Counsel. 16 U.S. Code 3372 – Prohibited Acts Killing a protected Maryland snake and then driving it into Virginia or selling it online to an out-of-state buyer opens the door to federal charges.
The federal penalties are much heavier than the state misdemeanor. Civil penalties can reach $10,000 per violation. Criminal penalties for knowing violations involving sales or purchases above $350 in market value can reach $20,000 in fines and five years in prison. A negligent violation, where the person should have known the wildlife was illegally taken, can bring up to $10,000 in fines and one year of imprisonment.8Office of the Law Revision Counsel. 16 USC 3373 – Penalties
The short version: in Maryland, the legal answer to almost every snake question is the same. Leave it alone, or call someone licensed to move it. Killing it is a crime, no matter what species it is or whose property it is on.