West Virginia Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
West Virginia maintains a moderate regulatory stance toward drone operations, balancing safety, privacy, and critical infrastructure protection with accessibility for recreational and commercial pilots. The state enacted comprehensive drone legislation (HB 3005, 2018; codified as WV Code 61-16-2) addressing privacy, stalking, weaponization, and critical infrastructure concerns, while the state park registration system offers more flexibility than blanket bans found in other states.
State Drone Laws
WV Code 61-16-2(a)Prohibition on Unauthorized Surveillance and Photography via Drone
Prohibits knowingly and intentionally capturing or taking photographs, images, video, or audio of another person or private property without consent in a manner that invades reasonable expectation of privacy. Includes surveillance through windows or structural openings.
WV Code 61-16-2(a)Drone Stalking and Viewing Without Consent
Criminalizes intentionally viewing, following, or contacting another person or their property without consent via drone in a manner that invades reasonable expectation of privacy. Explicitly covers drone-based stalking behavior.
WV Code 61-16-2(a)Restraining Order Violations via Drone
Prohibits violating a restraining order or similar judicial order using an unmanned aircraft system. Treats drone-based violations of protective orders as separate criminal offense.
WV Code 61-16-2(a)Harassment, Reckless Operation, and Safety Violations via Drone
Prohibits knowingly and intentionally harassing another person via drone. Also prohibits operating drone with willful wanton disregard for safety of persons or property, or interfering with official duties of law enforcement or emergency medical personnel.
WV Code 61-16-2(a)Critical Infrastructure Protection — Unauthorized Overflight
Prohibits operating unmanned aircraft system over targeted facilities (critical infrastructure) without authorization. Covers power plants, chemical facilities, correctional facilities, industrial sites, and similar critical infrastructure. State-specific restriction beyond FAA temporary flight restrictions.
WV Code 61-16-2(b)Drone-Mounted Weapons and Deadly Weapons Prohibition
Prohibits equipping unmanned aircraft system with any deadly weapon or operating drone equipped with deadly weapon, except military personnel acting in official capacity.
WV Code 61-16-2(d)Interference with Manned Aircraft
Criminalizes operating unmanned aircraft system with intent to cause damage to or disrupt flight of manned aircraft. Applies to both commercial and general aviation aircraft.
WV Code 20-2-5(5)Prohibition on Hunting with Drones (HB 2515)
Prohibits using drones or other unmanned aircraft systems to hunt, take, kill, direct, trap, shoot at, drive, or herd wild animals or birds. Applies to all game and non-game wildlife.
WV Code 20-5-2State Park Drone Registration Requirement (HB 4607)
Requires drone operators to register with area superintendent at state parks, state forests, and rail trails before flying. Superintendent provides map of prohibited areas and specifies permitted operating times. Operators assume full responsibility and liability for flights.
Local/Municipal Ordinances
No local ordinances on record. Check with your local city or county government for any drone-specific regulations.
Penalty & Fine Schedule
| Violation | Classification | Fine Range | Imprisonment | Enforcement | Notes |
|---|---|---|---|---|---|
| Privacy invasion, stalking, harassment, or restraining order violation via drone (WV Code 61-16-2) | Misdemeanor | $100 to $1,000 | Up to 1 year | West Virginia State Police / Local Law Enforcement | Includes surveillance through windows, intentional following/contacting, violation of protective orders, harassment |
| Critical infrastructure overflight without authorization (WV Code 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | West Virginia State Police / Local Law Enforcement | Applies to chemical plants, power facilities, industrial sites, correctional facilities, and similar critical infrastructure |
| Reckless operation or interference with emergency responders (WV Code 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | West Virginia State Police / Local Law Enforcement | Willful wanton disregard for safety, interference with law enforcement or emergency medical personnel duties |
| Weaponization of drone or drone-mounted weapons (WV Code 61-16-2(b)) | Felony | $1,000 to $5,000 | 1 to 5 years | West Virginia State Police / Federal law enforcement | Exception for military personnel acting in official capacity |
| Interference with manned aircraft (WV Code 61-16-2(d)) | Felony | $1,000 to $5,000 | 1 to 5 years | Federal Aviation Administration / West Virginia State Police | Operating drone with intent to damage or disrupt commercial or general aviation aircraft |
| Hunting with drone or UAS (WV Code 20-2-5(5)) | Wildlife Violation | $100 to $500 | 10 to 100 days per offense | West Virginia Division of Natural Resources | Covers hunting, taking, killing, directing, trapping, shooting at, driving, or herding wildlife |
Privacy invasion, stalking, harassment, or restraining order violation via drone (WV Code 61-16-2)
Includes surveillance through windows, intentional following/contacting, violation of protective orders, harassment
Critical infrastructure overflight without authorization (WV Code 61-16-2(a))
Applies to chemical plants, power facilities, industrial sites, correctional facilities, and similar critical infrastructure
Reckless operation or interference with emergency responders (WV Code 61-16-2(a))
Willful wanton disregard for safety, interference with law enforcement or emergency medical personnel duties
Weaponization of drone or drone-mounted weapons (WV Code 61-16-2(b))
Exception for military personnel acting in official capacity
Interference with manned aircraft (WV Code 61-16-2(d))
Operating drone with intent to damage or disrupt commercial or general aviation aircraft
Hunting with drone or UAS (WV Code 20-2-5(5))
Covers hunting, taking, killing, directing, trapping, shooting at, driving, or herding wildlife
Registration Requirements
State Registration
Not Required
State Permit
Required
State Insurance
Not Required
West Virginia does not require statewide drone registration. FAA registration required for any drone over 250g ($5 for 3 years). State parks require separate check-in/registration with park superintendent before flying.
State park permit required through superintendent registration. Drone operators must register at state parks, state forests, and rail trails before flying. Superintendent provides restricted-area map and permitted operating times.
Insurance not required by state law but recommended for commercial operations.
Applicable Federal Regulations
FAA Drone Registration
All drones over 250g must be FAA-registered for $5 (valid 3 years)
West Virginia drone operators must register with FAA Drone Zone before flying any drone exceeding 250 grams, regardless of recreational or commercial use.
Remote ID Requirement
Remote ID required on all registered drones since March 2024
All FAA-registered drones in West Virginia must broadcast Remote ID information. Required for both Part 107 commercial and recreational operations under 49 USC 44809.
Recreational Flying (49 USC 44809)
Recreational pilots must pass TRUST test and follow community guidelines
West Virginia recreational drone pilots must complete free online Recreational UAS Safety Test (TRUST) before flying. Must maintain visual line of sight, stay at or below 400 feet AGL in uncontrolled airspace, and follow FAA-recognized community-based organization safety guidelines.
Commercial Operations (14 CFR Part 107)
Commercial pilots require FAA Remote Pilot Certificate
West Virginia commercial drone operators must pass FAA Part 107 knowledge test ($175 fee), obtain Remote Pilot Certificate, and comply with all Part 107 operating rules. PSI testing centers available in Charleston, Morgantown, Huntington, and other cities.
Altitude Restrictions
400 feet AGL maximum under standard operations
West Virginia drone operators must maintain 400 feet AGL maximum unless authorized through LAANC or formal FAA waivers.
Visual Line of Sight (VLOS)
VLOS required at all times unless using authorized visual observer
West Virginia drone operators must maintain visual line of sight or use authorized visual observer physically located with pilot and directly communicating throughout flight.
Night Operations
Allowed with anti-collision lights visible for 3 statute miles
West Virginia recreational and Part 107 pilots may operate at night if equipped with anti-collision lights visible for 3 statute miles. Airspace authorization still required in controlled airspace.
For complete federal regulations, see our Federal Regulations page.
Federal Preemption & Critical Infrastructure
W. Va. Code § 61-16-2 — Use of Unmanned Aerial Vehicle — Operation over targeted facility prohibited
Penalty: Misdemeanor: $100–$1,000 fine and/or up to 1 year imprisonment for operation over a targeted facility
FAA authorization carve-out: Yes
Covered categories
'Targeted facility' is defined by reference to West Virginia's Critical Infrastructure Protection Act (§ 61-10-34); review both sections for the full facility list.
Airspace & LAANC
LAANC Coverage
LAANC available at 726 airports nationwide including major West Virginia airports near Charleston (Yeager Airport - Class D), Morgantown (Morgantown Municipal Airport), and Huntington.
Major Airports
CRW — Yeager Airport (Charleston)MGN — Morgantown Municipal AirportHTS — Tri-State Airport (Huntington)
TFR Notice
New River Gorge National Park (approximately 7,000 acres) enforces standard NPS drone ban with penalties up to 6 months jail and $5,000 fine. National Preserve areas (approximately 60,000 acres) may have different rules. Critical infrastructure facilities in Kanawha Valley (Charleston area) have state law restrictions beyond FAA TFRs. Contact park office before New River Gorge flights.
Recent Enforcement Actions & News
Unauthorized Drone in Active Fire Zone at New River Gorge
enforcementUnauthorized drone operated in active fire zone during Steep Valley Fire (1,946+ acres burned) at New River Gorge National Park. Flight forced officials to establish 5-mile TFR radius and disrupted aerial firefighting operations. Incident highlighted federal TFR enforcement and consequences of unauthorized drone operations near emergency responders.
Pending Legislation
HB5421In Committee — House Government OrganizationTo require drones used by state and county personnel to be produced in the United States
Prohibits state and county purchase of small unmanned aircraft from covered foreign entities. Creates Act to Prohibit Purchase of Small Unmanned Aircrafts Manufactured or Assembled by Covered Foreign Entity and establishes drone replacement grant program for government agencies.
Last action: February 10, 2026
HB5552In Committee — House JudiciaryTo require drones used by state and county personnel to be produced in the United States
Similar to HB5421 — prohibits state and county purchase of small unmanned aircraft from covered foreign entities. Establishes drone replacement grant program for government procurement.
Last action: February 16, 2026
SB900Passed House — On 3rd Reading in SenateIncluding certain correctional facilities as 'targeted facility'
Would expand critical infrastructure protection under WV Code 61-16-2 by including correctional and detention facilities as 'targeted facilities,' making unauthorized drone overflight of prisons and jails a state misdemeanor.
Last action: March 14, 2026
HB5225In Committee — House JudiciaryRelating to prohibiting any person to operate an unmanned aerial vehicle over a polling place on election day
Prohibits any person from operating unmanned aerial vehicle over polling place or within electioneering zone on election day.
Last action: February 5, 2026
SB812In Committee — Senate JudiciaryProhibiting any person to operate unmanned aerial vehicle over polling place on election day
Prohibits operation of drones over polling places or within electioneering zones on election day.
Last action: February 6, 2026
HB2043Introduced (2025 Session)Relating to use of dog and/or drones for tracking or locating mortally wounded deer, elk, turkey, wild boar or bear
Would authorize use of drones and leashed dogs to track or locate mortally wounded deer, elk, turkey, wild boar, or bear. Limited to hunter's own property or lease with reasonable belief animal is mortally wounded. Carves out exception to general wildlife harassment prohibition.
Last action: February 12, 2025
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| West Virginia University (WVU) | WVU requires all drone operations on campus to be approved by Office of Environmental Health & Safety. Milan Puskar Stadium subject to TFR during football games and other athletic events. Restrictions: EHS approval required before any drone flight. Stadium TFR during athletic events. No flights permitted without prior approval from EHS. | Yes | Office of Environmental Health & Safety — ehs@wvu.edu |
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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