Virginia Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
Virginia maintains a generally permissive stance toward drone operations with strong state preemption preventing local bans. The state has enacted targeted legislation addressing privacy concerns, harassment, protective orders, critical infrastructure protection, and law enforcement use restrictions, particularly reflecting Virginia's concentration of military installations. No separate state registration is required beyond federal FAA registration.
State Drone Laws
Va. Code § 5.1-5No State Registration Required for Unmanned Aircraft
Virginia explicitly does not require state registration for privately owned unmanned aircraft. Federal FAA registration is still required for drones over 250 grams.
Va. Code § 15.2-926.3Local Regulation Preemption for Unmanned Aircraft Systems
No locality or political subdivision may regulate the use of privately owned unmanned aircraft systems within its boundaries. This enforces state-level preemption of local drone regulations.
Va. Code § 18.2-121.3(A)Trespass with Unmanned Aircraft System
It is unlawful to knowingly and intentionally cause an unmanned aircraft system to enter another's property and come within 50 feet of a dwelling house to coerce, intimidate, or harass another person, or to take off or land in violation of FAA Special Security Instructions or UAS Security Sensitive Airspace Restrictions.
Va. Code § 18.2-121.3(B)Unauthorized Drone Over Military Installation or Critical Infrastructure
Flying a drone over a military installation authorized by the Department of Defense, or over critical infrastructure (power plants, water treatment facilities, ports covered by the Maritime Transportation Security Act), without authorization is a Class 4 felony.
Va. Code § 18.2-121.3 (Peeping/Spying provision)Unauthorized Peeping or Spying via Unmanned Aircraft System
It is unlawful to use a drone to trespass upon another's property for the purpose of secretly or furtively peeping, spying, or attempting to peep or spy into a dwelling or occupied building.
Va. Code § 18.2-324.2Use of Unmanned Aircraft System for Certain Purposes (Protective Orders)
It is unlawful for a respondent of a protective order to knowingly and intentionally use or operate a drone to follow, contact, or capture images of the protected person. Also unlawful for persons required to register as sex offenders to use drones to follow or contact another person or capture their images without permission.
Va. Code § 19.2-60.1Use of Unmanned Aircraft Systems by Public Bodies; Search Warrant Required
Law enforcement and state agencies cannot use unmanned aircraft systems except during execution of a search warrant, with limited exceptions for AMBER/Senior/Blue Alerts, emergency danger, accident scene surveys, and crime scene response. Evidence obtained in violation is presumed inadmissible. Weaponized UAS prohibited except at Space Port and Naval facilities at Wallops Island.
Va. Code § 19.2-60.1 (as amended by HB 950)Department of Environmental Quality Exception to Warrant Requirement
Adds the Department of Environmental Quality to the list of exceptions to the warrant requirement for implementation and civil enforcement of Virginia Water Resources and Wetlands Protection Program, Virginia Erosion and Stormwater Management Act, and erosion and sediment control.
Va. Code § 19.2-60.1 (as amended by HB 1219 and SB 647)Streamlined Law Enforcement Drone Use; Expanded Warrantless Exceptions
Expedites issuance of search warrants for UAS by law enforcement upon reasonable and probable cause. Permits warrantless use when surveying crime scenes or responding to public safety calls on public property, locating persons who fled during initial incident response, or providing real-time aerial observation for on-scene safety. Requires Department of Criminal Justice Services to establish model policy by December 1, 2026.
Va. Code § 4VAC5-30-400Virginia State Parks Drone Prohibition
Drones are prohibited from operating in all Virginia state parks and Department of Conservation and Recreation (DCR) owned property unless the operator has obtained a written Special Use Permit from DCR. Only commercial or research-based drone operations are eligible to apply for permits.
Va. Code § 4VAC15-20-240Prohibition on Drone Use on Wildlife Management Areas and for Hunting
Prohibits the use of drones on all Department of Wildlife Resources lands. Bans drones for hunting or locating game for hunting purposes. Hunters cannot engage in hunting the same day after conducting drone wildlife surveillance.
Va. Code § 29.1-521Harassment of Hunters or Fishermen with Unmanned Aircraft
It is unlawful to harass hunters or fishermen with the operation of a drone.
Senate Bill 873 (2017)Authority of Fire Chief Over Unmanned Aircraft at Emergencies
Specifies that the fire chief or other officer in charge of a fire department has authority to maintain order at an emergency incident, including the immediate airspace. Individuals who do not obey orders of the officer in charge regarding drone operations are guilty of a Class 4 misdemeanor.
House Bill 1726 (effective July 2025)Unauthorized Drone Photography at DOD Contract Facilities
Enacted in response to the Fengyun Shi espionage case at Newport News Shipbuilding. Creates a Class 4 felony for unauthorized drone photography at Department of Defense contract facilities.
House Bill 742 (2021)Local Regulation of Drone Take-Off and Landing on Municipal Property
Authorizes a political subdivision to regulate the take-off or landing of drones on property owned by the political subdivision by ordinance or regulation.
Local/Municipal Ordinances
Prince William County
countyDrone Use in County Parks
County parks permit drone operations subject to FAA rules and county authorization.
Restrictions
Prohibits drone use in county parks during nighttime hours. Operator must secure permission from park authority.
York County
countyUnmanned Aircraft Systems Operation from Public Areas
Flying or controlling unmanned aircraft from public areas requires permit.
Restrictions
Flying or controlling any airborne equipment from county-owned property (parks, beaches, public boat landings, parking areas, buildings, school grounds) is prohibited without permit from appropriate government official.
Fairfax County
countyDrone Operations in Fairfax County Parks
Selected Fairfax County parks allow drone operations.
Restrictions
Fairfax County Parks currently allow UAS operations in Burke Lake Park and Fountainhead Regional Park. All FAA drone rules apply.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Trespass with unmanned aircraft system within 50 feet of dwelling to coerce, intimidate, or harass (Va. Code § 18.2-121.3) | Class 1 Misdemeanor | Up to $2,500 | Up to 12 months | Virginia State Police / Local Law Enforcement | Civil liability also possible for damages |
| Peeping or spying via drone into a dwelling or occupied building (Va. Code § 18.2-121.3) | Class 1 Misdemeanor | Up to $2,500 | Up to 12 months | Virginia State Police / Local Law Enforcement | Applies to surveillance of private residences |
| Unauthorized drone flight over military installation or critical infrastructure (Va. Code § 18.2-121.3(B)) | Class 4 Felony | Up to $100,000 | 2 to 10 years | Federal Bureau of Investigation / Virginia State Police | Applies to DOD facilities and critical infrastructure (power plants, water treatment, ports). No first-offense reduction. |
| Unauthorized drone photography at DOD contract facilities (HB 1726, effective July 2025) | Class 4 Felony | Up to $100,000 | 2 to 10 years | Federal Bureau of Investigation / Virginia State Police | Enacted following Fengyun Shi espionage case at Newport News Shipbuilding |
| Protective order violation using drone (Va. Code § 18.2-324.2) | Class 1 Misdemeanor | Up to $2,500 | Up to 12 months | Local Law Enforcement | Includes following, contacting, or capturing images of person under protective order |
| Harassment of hunters or fishermen with drone (Va. Code § 29.1-521) | Class 3 Misdemeanor | Up to $500 | Up to 30 days | Virginia Department of Wildlife Resources / Local Law Enforcement | |
| Obstructing fire chief's airspace control at emergency scene (SB 873) | Class 4 Misdemeanor | Up to $250 | Up to 30 days | Fire Department / Local Law Enforcement | Applies to failure to follow fire chief orders regarding drone operations |
| Drone operation in Virginia State Parks without permit (Va. Code § 4VAC5-30-400) | Administrative Violation / Civil Citation | Varies by park | None | Department of Conservation and Recreation | Only commercial and research-based operations may apply for Special Use Permit |
Trespass with unmanned aircraft system within 50 feet of dwelling to coerce, intimidate, or harass (Va. Code § 18.2-121.3)
Civil liability also possible for damages
Peeping or spying via drone into a dwelling or occupied building (Va. Code § 18.2-121.3)
Applies to surveillance of private residences
Unauthorized drone flight over military installation or critical infrastructure (Va. Code § 18.2-121.3(B))
Applies to DOD facilities and critical infrastructure (power plants, water treatment, ports). No first-offense reduction.
Unauthorized drone photography at DOD contract facilities (HB 1726, effective July 2025)
Enacted following Fengyun Shi espionage case at Newport News Shipbuilding
Protective order violation using drone (Va. Code § 18.2-324.2)
Includes following, contacting, or capturing images of person under protective order
Harassment of hunters or fishermen with drone (Va. Code § 29.1-521)
Obstructing fire chief's airspace control at emergency scene (SB 873)
Applies to failure to follow fire chief orders regarding drone operations
Drone operation in Virginia State Parks without permit (Va. Code § 4VAC5-30-400)
Only commercial and research-based operations may apply for Special Use Permit
Registration Requirements
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
Virginia does not require state-level registration for unmanned aircraft. Federal FAA registration is required for all drones over 250 grams ($5 for 3 years).
No state permit required for recreational or commercial flight outside restricted areas. LAANC authorization required for flight in controlled airspace.
Not mandated by state law, but strongly recommended for commercial operations.
Applicable Federal Regulations
Remote ID Compliance
All registered drones must broadcast Remote ID information
Remote ID has been required on all registered drones since March 16, 2024. Applies to all UAS operating in Virginia airspace. DJI drones automatically geofence near military bases in compliance.
FAA Part 107 Commercial Operations
Commercial drone pilots must obtain Remote Pilot Certificate
Requires passing FAA knowledge test ($175 test fee), registration with FAA ($5 for 3 years). Renew certificate every 24 months. Virginia has active commercial drone market driven by defense contractors and tech sector.
Recreational Flying Exception (49 USC 44809)
Recreational operators must pass TRUST test and follow safety guidelines
Free TRUST test required before flying. Must maintain VLOS, stay under 400 feet AGL, and follow FAA Community-Based Organization guidelines. Drones over 250g must be registered and marked with registration number.
DC Special Flight Rules Area (SFRA)
Extends 30 nautical miles from Reagan National Airport
Northern Virginia is heavily restricted. 15-mile inner Flight Restricted Zone is near-total civilian no-fly. Outer 30-nm ring requires specific authorization. Most grid squares return zero-altitude LAANC authorizations. Northern Virginia is essentially unflyable for casual operators without specific FAA waivers.
Military Airspace and Geofencing
Virginia's concentration of military installations creates extensive restricted airspace
27+ military installations in Virginia including Naval Station Norfolk (world's largest naval base), Newport News Shipbuilding, Langley AFB, Fort Eustis, Quantico Marine Base, Dam Neck. DJI drones geofence automatically near most military bases. Flying near military installations without authorization is a Class 4 felony.
Virginia Tech Mid-Atlantic Aviation Partnership
FAA-designated UAS test site
Virginia Tech is one of seven original FAA UAS test sites. State actively encourages drone innovation and commercial operations. Research opportunities available through Virginia Tech's Center for Innovative Technology.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
Va. Code § 18.2-121.3 — Trespass with an unmanned aircraft system; penalty
Penalty: Class 4 felony for knowing/intentional unauthorized UAS entry over critical infrastructure, military bases, or MTSA-covered facilities
FAA authorization carve-out: Yes
Covered categories
Virginia's CI definition is incorporated by reference to 42 U.S.C. § 5195c rather than an enumerated list, sweeping in a broader range of facilities than typical state CI statutes.
Airspace & LAANC
LAANC Coverage
LAANC available at 726 airports nationwide, including major Virginia airports: Richmond International (RIC - Class C), Norfolk International (ORF - Class C), Raleigh-Durham affects border areas. Many Virginia locations require LAANC authorization due to military proximity.
Major Airports
RIC — Richmond InternationalORF — Norfolk InternationalHEF — Langley Air Force Base (restricted)NAS Oceana — Virginia Beach (restricted)NSF — Naval Station Norfolk (restricted)
TFR Notice
DC Special Flight Rules Area (SFRA) extends 30 nautical miles from Reagan National Airport, covering most of Northern Virginia (Arlington, Alexandria, Fairfax, parts of Loudoun and Prince William). Inner 15-nm Flight Restricted Zone is effectively no-fly for civilian drones. Langley AFB, Fort Eustis, Quantico Marine Base, and Newport News Shipbuilding have restricted airspace. NAS Oceana covers much of Virginia Beach.
Recent Enforcement Actions & News
First Espionage Act Prosecution for Drone Use — Fengyun Shi Case
enforcementFengyun Shi, a Chinese national studying in the U.S., pleaded guilty to flying a drone over Newport News Shipbuilding and photographing Navy ships in dry dock. Sentenced to 6 months in prison (concurrent) and deported. First drone prosecution under Espionage Act provisions. Case prompted HB 1726 (Class 4 felony for DOD contract facility photography, effective July 2025).
Langley Air Force Base Drone Swarm Incident
enforcementFor 17 consecutive nights in December 2023, unknown drones including 20-foot fixed-wing aircraft traveling ~100 mph swarmed restricted airspace above Langley AFB. Military scrambled F-22 Raptors and AWACS surveillance planes. Source never conclusively identified. Prompted classified briefings with Virginia's governor, senators, and federal officials. Virginia State Police received 150+ drone reports in December 2024 following incident.
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| University of Virginia | UVA requires all unmanned aircraft system operations on university grounds to be approved by the Office of Environmental Health & Safety. Scott Stadium has a temporary flight restriction during football games. Restrictions: Must obtain EHS approval before any campus flight. Temporary flight restriction around Scott Stadium during athletic events. No flights over historic Grounds or Rotunda. | Yes | Office of Environmental Health & Safety (EHS) — ehs@virginia.edu |
| Virginia Tech | Virginia Tech requires approval from Environmental Health & Safety for all drone operations on campus. Lane Stadium has a temporary flight restriction during athletic events. Home to Mid-Atlantic Aviation Partnership (FAA UAS test site). Restrictions: Must obtain EHS approval before flying on campus. Lane Stadium TFR during football and other athletic events. Active UAS research through the Mid-Atlantic Aviation Partnership. | Yes | Environmental Health & Safety (EHS) / Mid-Atlantic Aviation Partnership |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.0). While we strive for accuracy, always verify critical information with official state sources.
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