Are Bats Protected in North Carolina? Exclusion Rules and Penalties

Bats are protected in North Carolina. All 17 native bat species are classified as nongame animals under state law, meaning there is no open season to hunt or trap them, and four species carry federal endangered status on top of that. Killing, capturing, or disturbing bats without authorization can bring state misdemeanor charges or federal penalties reaching tens of thousands of dollars per violation.

Which Bats Are Protected

Every bat species native to North Carolina has state protection. Under G.S. 113-129 they are classified as nongame animals, and G.S. 113-291.3 makes it illegal to take, possess, transport, buy, or sell live wildlife except as specifically authorized by the state’s wildlife statutes.¹ Bats have no such authorization, so killing or taking them is illegal absent narrow circumstances like rabies testing after human contact.

Four species carry an additional federal layer under the Endangered Species Act, which prohibits any “take”—killing, capturing, harassing, or harming—of a listed animal:²

Indiana Bat (federally endangered)
Virginia Big-eared Bat (federally endangered)
Gray Bat (federally endangered since 1976, found in western North Carolina)³
Northern Long-eared Bat (reclassified from threatened to endangered effective March 31, 2023)⁴

The tricolored bat, also present in the state, has been proposed for federal endangered listing but was not finalized at the time of this writing.⁵ Several other species carry state-level threatened or special concern designations that can trigger review requirements for development and land management.¹

Federal habitat protection reaches private landowners in a specific way. Significantly modifying habitat so that it actually kills or injures listed bats counts as an illegal take under Section 9 of the ESA. Destroying a hibernation cave or maternity roost used by Indiana Bats carries the same federal liability as killing the bats directly.

Removing Bats From a Building Legally

You do not need a permit from the North Carolina Wildlife Resources Commission (NCWRC) to exclude bats from your own home.⁶ What you cannot do is choose when. The rules turn on the season and on the method.

No Exclusion From May 1 Through July 31

Bat exclusion from buildings is prohibited during maternity season, May 1 through July 31.⁶ Young bats cannot yet fly during this window. Excluding the adults would trap the pups inside to starve. If you find bats in your attic in June, you have to wait until August 1 to begin the work.

How Legal Exclusion Works

The accepted approach uses one-way devices—plastic netting, tubes, or valve-style covers—installed over entry points. Bats can leave but cannot get back in. Once every bat has exited, all potential entries must be permanently sealed with caulk, hardware cloth, or expanding foam.⁶ Relocating bats is not permitted. They are excluded, not moved.

Hiring Someone to Do It

Homeowners may perform exclusion themselves. Anyone doing bat eviction or wildlife removal for pay must first hold a wildlife control agent license from the NCWRC, an annual license costing fifty dollars that requires completing a commission-approved training course and passing an exam.⁷ Ask any contractor you consider to show that license. Professional bat exclusion typically runs from several hundred to several thousand dollars depending on colony size and the number of entry points that need sealing.

What to Do After Contact With a Bat

Rabies is the reason state law occasionally allows a bat to be killed. When a person or pet has had direct contact with a bat, the animal may need to be captured and submitted for testing. Direct contact includes a bite or scratch, and it also includes finding a bat in a room where someone was sleeping, since bat bites can be difficult to detect.

The North Carolina Division of Public Health recommends:⁸

Wash any wound with soap and running water for at least 15 minutes.
If you can safely trap the bat under a container without touching it, do so. It will need to be submitted for rabies testing.
Call local animal control to capture the animal and arrange testing.
Contact your county health department. A communicable disease nurse will assess whether you need post-exposure prophylaxis, a series of shots that prevents rabies infection.
See a healthcare provider promptly for wound care and evaluation.

Never handle a bat with bare hands, even one that appears dead. Use thick leather gloves if you must move it. Rabies is nearly always fatal once symptoms appear, so treat any possible exposure seriously.

Penalties for Harming Bats

Killing, capturing, or harassing any of the four federally listed bat species triggers Endangered Species Act enforcement. A knowing civil violation can result in a penalty of up to $65,653 per violation. A criminal conviction for a knowing violation can bring a fine of up to $50,000, imprisonment for up to one year, or both.⁹¹⁰ Equipment and vehicles used in the violation may be confiscated. The U.S. Fish and Wildlife Service’s Office of Law Enforcement investigates.¹¹

State violations are prosecuted as misdemeanors under Chapter 113. The classification varies with the offense; unlawfully selling or buying wildlife, for example, is a Class 2 misdemeanor with a minimum fine of $250.¹² In practice, the people who run into trouble are usually contractors or homeowners who kill bats during maternity season or use poison rather than proper exclusion. NCWRC enforcement officers handle those cases.

Conservation Agreements for Landowners With Bat Habitat

Private landowners whose property includes bat habitat have voluntary options. The U.S. Fish and Wildlife Service offers agreements for non-federal landowners who take actions that benefit listed species. Historically called Safe Harbor Agreements, these are transitioning into Conservation Benefit Agreements under updated ESA regulations finalized in May 2024.¹³

Under such an agreement, the landowner manages the property in ways that help listed bat species recover, and in exchange the Fish and Wildlife Service provides formal assurances that no additional management will be required beyond what the agreement specifies. At the end of the agreement period, the landowner may return the property to its original baseline. The process involves establishing that baseline, applying for an enhancement of survival permit, going through a 30-day public comment period, and reporting annually. Existing Safe Harbor Agreements remain valid until their permits expire.¹³

1
North Carolina Wildlife Resources Commission. Bat
2
U.S. Fish & Wildlife Service. Endangered Species Act Section 9 – Prohibited Acts
3
U.S. Fish & Wildlife Service. Gray Bat (Myotis grisescens)
4
Federal Register. Endangered Species Status for Northern Long-Eared Bat
5
U.S. Fish & Wildlife Service. Endangered Species Status for Tricolored Bat
6
North Carolina Wildlife Resources Commission. Managing Conflicts with Bats
7
North Carolina General Assembly. North Carolina Code 113-273 – Other Licenses
8
NC Division of Public Health. Exposure to Rabies – What to Do and What is PEP
9
U.S. Fish & Wildlife Service. Endangered Species Act Section 11 – Penalties and Enforcement
10
eCFR. Civil Monetary Penalty Adjustments for Inflation
11
U.S. Fish & Wildlife Service. Office of Law Enforcement
12
North Carolina General Assembly. North Carolina Code 113-294 – Specific Violations
13
U.S. Fish & Wildlife Service. Safe Harbor Agreements