How to deal with problem Beaver in Massachusetts

Beaver (North American beaver)

Beaver

Beaver
Image of a beaver dam

Beaver are common and abundant throughout the entire Northeast. They are an important keystone species in that their dam building activities create habitat for many fish, wildlife, and plant species. The beaver is the largest native rodent in North America with adults weighing 40 to 50 pounds or more. The most distinguishing feature is its large, flat black tail. It is primarily aquatic and can be found wherever water and trees are available. Beavers cut (chew) down a wide variety of trees, and especially prefer poplars, aspens and willows. They also girdle trees (chewing off the bark in a ring around the entire tree near the base), which almost always results in the death of the trees.

Beavers are the engineers of the animal world, building dams and lodges in streams and ponds using nearby trees. These dams create valuable wetland habitats but may also flood roads, destroy crops, damage septic systems, and kill trees in low-lying areas. In rare instances, beavers can contract rabies and may even attack people after being infected by the disease.

Solutions for beaver problems

Can I make my property less attractive to beaversExplore this solution

How to protect my trees from beaversExplore this solution

Can I trap and relocate problem beavers?Explore this solution

How to trap problem beaversExplore this solution

How to prevent beavers from damming culvertsExplore this solution

How to control the water level behind a beaver damExplore this solution

Is it legal or advisable to shoot problem beavers?Explore this solution

What to do with an animal that is behaving strangely or aggressivelyExplore this solution

Laws and regulations to be aware of

Regulations for Massachusetts

Relocation of Wildlife

No person shall transport any fish or wildlife species in Massachusetts. 

Exceptions to transporting and liberating wildlife in Massachusetts include: (a) Permitted Massachusetts wildlife rehabilitators may transport within Massachusetts and liberate rehabilitated wildlife; (b) a permitted Massachusetts problem animal control agent may liberate problem animals at the site of capture, or may transport within Massachusetts such animals to a licensed wildlife rehabilitator or for the purposes of euthanasia.

Killing of Wildlife by Owner or Tenant of Land

Under Mass.General Law 131, Section 37, a property owner or tenant of land may hunt or take by other means, except by poison or snare, any mammal which he finds damaging his property, provided that such killing is not contrary to any federal law or regulation.  Animals killed under this law, must be reported to authorities within 24 hours.

Trap Types Restricted in Massachusetts

A person shall not use, set, place, maintain, manufacture or possess any trap for the purpose of capturing furbearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey's type live trap for beavers. Other than nets and common type mouse or rat traps, traps designed to capture and hold a furbearing mammal by gripping the mammal's body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and snares.

Human Health and Safety Exception to Restricted Trap Types

A person shall not use, set, place, maintain, manufacture or possess any trap for the purpose of capturing furbearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey's type live trap for beavers. Other than nets and common type mouse or rat traps, traps designed to capture and hold a furbearing mammal by gripping the mammal's body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and snares.

Special Permits to Use Restricted Traps or Other Means of Relief. A person or his duly authorized agent may apply for a permit to use restricted traps or other means of relief, as follows:

(a) to the municipal board of health, in situations involving a threat to human health and safety, in accordance with 321 CMR 2.08(6) through (14);

(b) to the director, in situations not involving a threat to human health and safety, in accordance with 321 CMR 2.08(16) through (18).

Criteria for Determining Threats to Human Health and Safety. A threat to human health and safety may include, but not be limited to, one or more of the following situations:

(a) beaver or muskrat occupancy of a public water supply;

(b) beaver or muskrat-caused flooding of drinking water wells, wellfields, or water pumping stations;

(c) beaver or muskrat-caused flooding of sewage beds, septic systems, or sewage pumping stations;

(d) beaver or muskrat-caused flooding of a public or private way, driveway, railway, or airport runway or taxiway;

(e) beaver or muskrat-caused flooding of electrical or gas generation plants or transmission or distribution structures or facilities, telephone or other communications facilities, or other public utilities;

(f) beaver or muskrat-caused flooding affecting the public use of hospitals, emergency clinics, nursing homes, homes for the elderly, or fire stations;

(g) beaver or muskrat-caused flooding affecting hazardous waste sites or facilities, incineration or resource recovery plants, or other structures or facilities whereby flooding may result in the release or escape of hazardous or noxious materials or substances;

(h) the gnawing, chewing, entering, or damage to electrical or gas generating or transmission equipment, cables, alarm systems, or facilities by any beaver or muskrat;

(i) beaver or muskrat-caused flooding or structural instability on property owned by the applicant if such animal problem poses an imminent threat of substantial property damage or income loss, which shall be limited to:

  1. flooding of residential, commercial, industrial or commercial buildings or facilities;
  2. flooding of or access to commercial agricultural lands which prevents normal agricultural practices from being conducted on such lands;
  3. reduction in the production of an agricultural crop caused by flooding or compromised structural stability of commercial agricultural lands;
  4. flooding of residential lands in which the municipal board of health, its chair or agent or the state or federal department of health has determined a threat to human health and safety exists.

Firearm Discharge

A person shall not discharge any firearm or release any arrow upon or across any state or hard surfaced highway, or within one hundred and fifty feet, of any such highway, or possess a loaded firearm or hunt by any means within five hundred feet of any dwelling in use, except as authorized by the owner or occupant thereof.

Legal, Regulated Trapping

The use of legal, regulated, trapping by licensed trappers can be useful for reducing local wildlife populations and can help reduce nuisance problems in Massachusetts.
While we attempt to provide guidance about state and federal regulations pertaining to specific species and control techniques, we do not provide information about local jurisdictions (city, town, county, etc.) where regulations may be more restrictive, especially as it applies to discharge of firearms, transport of animals or use of trapping equipment. Contact your local city or county government to inquire further. No guarantee is made that information (or lack of information) associated with a species or control technique is completely accurate or current. You should become familiar with federal, state and local laws before beginning any wildlife control activities.