West Virginia Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
West Virginia maintains a permissive stance toward drone operations, with no state registration, licensing, or insurance requirements. The state enacted comprehensive criminal statutes addressing privacy invasion, surveillance, critical infrastructure protection, and weaponized drones, while explicitly allowing FAA Part 107 commercial pilots to operate. State parks permit recreational flying with superintendent registration.
State Drone Laws
WV Code § 61-16-2(a)Prohibited Drone Surveillance, Stalking, and Harassment
Prohibits knowingly and intentionally capturing photographs, video, or audio of another person or their private property without permission in a manner that invades reasonable expectation of privacy, including through windows. Prohibits viewing, following, or contacting persons without permission. Prohibits harassment and violations of restraining orders. Prohibits reckless operation disregarding safety or interference with law enforcement and emergency medical personnel.
WV Code § 61-16-2(b)Unlawful Drone Operations Over Critical Infrastructure (Targeted Facilities)
Prohibits operating a drone over a 'targeted facility' (as defined by WV Code § 61-10-34, Critical Infrastructure Protection Act) to drop substances or objects on the facility, conduct hostile surveillance intended to harm the facility or persons, or steal trade secrets or protected government information. Applies to refineries, power facilities, water and wastewater plants, chemical plants, pipelines, and dams.
WV Code § 61-16-2(g)Weaponized Drones
Prohibits equipping an unmanned aircraft system with any deadly weapon or operating any weaponized drone outside of official military capacity.
WV Code § 61-16-2(h)Drone Interference with Manned Aircraft
Prohibits operating a drone with the intent to cause damage to or disrupt in any way the flight of a manned aircraft.
WV Code § 20-2-5(a)(4)(5)Unlawful Methods of Hunting with Drones
Prohibits hunting, taking, killing, wounding, harassing, or shooting at wildlife or birds from a drone. Prohibits using drones to hunt, take, drive, herd, or harass game for purposes of hunting, trapping, or killing.
WV Code § 20-5-2(b)(16)Drone Operation in State Parks, Forests, and Rail Trails
Permits recreational drone operations in West Virginia state parks, forests, and rail trails, provided the operator registers with the area superintendent's office before flying. The superintendent provides a map of any prohibited areas and may impose limited restrictions for safety, privacy, facilities, quiet, or wildlife protection. Operators assume full responsibility and liability for their 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 |
|---|---|---|---|---|---|
| Drone surveillance, stalking, harassment, or interference with law enforcement (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors (after investigation by local police or West Virginia State Police) | Civil liability for privacy damages may also apply |
| Hostile surveillance or object-dropping over critical infrastructure/targeted facility (WV Code § 61-16-2(b)) | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors | Includes refineries, power plants, water/wastewater plants, chemical plants, pipelines, and dams |
| Equipping or operating a weaponized drone (WV Code § 61-16-2(g)) | Felony | $1,000 to $5,000 | 1 to 5 years | County prosecutors | Exception for military in official capacity |
| Operating drone to damage or disrupt manned aircraft (WV Code § 61-16-2(h)) | Felony | $1,000 to $5,000 | 1 to 5 years | County prosecutors | Federal penalties also apply; serious aviation safety offense |
| Using drone to hunt, harass, or herd wildlife (WV Code § 20-2-5(a)(4)(5)) | Wildlife Code violation (misdemeanor) | $100 to $500 per offense | 10 to 100 days per offense | Natural Resources Police / Division of Natural Resources | Includes prohibited use for scouting game |
| Drone operation in state park/forest/rail trail without registration (WV Code § 20-5-2(b)(16)) | Park-rule violation | Determined by park superintendent | None specified | State park staff | Operator assumes full liability |
Drone surveillance, stalking, harassment, or interference with law enforcement (WV Code § 61-16-2(a))
Civil liability for privacy damages may also apply
Hostile surveillance or object-dropping over critical infrastructure/targeted facility (WV Code § 61-16-2(b))
Includes refineries, power plants, water/wastewater plants, chemical plants, pipelines, and dams
Equipping or operating a weaponized drone (WV Code § 61-16-2(g))
Exception for military in official capacity
Operating drone to damage or disrupt manned aircraft (WV Code § 61-16-2(h))
Federal penalties also apply; serious aviation safety offense
Using drone to hunt, harass, or herd wildlife (WV Code § 20-2-5(a)(4)(5))
Includes prohibited use for scouting game
Drone operation in state park/forest/rail trail without registration (WV Code § 20-5-2(b)(16))
Operator assumes full liability
Registration, Fees & Taxes
No additional state registration or fees in West Virginia
Only standard federal FAA registration applies. No state registration, licensing, or drone-specific fees on record.
State Registration
Not Required
State Permit
Not Required
State Insurance
Not Required
Commercial License
Not Required
Sales Tax on Drones
Does Not Apply
West Virginia does not require state-level drone registration beyond federal FAA requirements. The FAA registration fee is $5 for any drone over 0.55 pounds (250 grams) and is valid for 3 years. Recreational flying in West Virginia state parks requires activity registration with the park superintendent (not aircraft registration), where the superintendent provides a map of prohibited areas and may set limited restrictions. No state drone license, permit requirement, or insurance mandate applies.
Applicable Federal Regulations
Remote Pilot Certificate (Part 107)
Commercial drone operations require FAA Part 107 certification
West Virginia does not impose additional state-level licensing beyond federal Part 107 requirements. Any person commercially operating drones in West Virginia must possess a current Remote Pilot Certificate obtained through the FAA. WV Code § 61-16-2(i) explicitly permits FAA-authorized commercial drone operators to operate in the state for lawful commercial purposes consistent with federal law.
Recreational UAS Safety Test (TRUST)
Recreational drone operators must pass TRUST
The TRUST is a free, online aeronautical knowledge and safety test required for all recreational drone operators under federal law. West Virginia does not impose additional recreational licensing requirements. Passing TRUST is mandatory before flying any drone recreationally.
Remote ID Compliance
Remote ID required since March 16, 2024
All drones must broadcast Remote ID information in real time, either through Standard Remote ID, a broadcast module, or by operating within a FAA-Recognized Identification Area (FRIA). Compliance is mandatory nationwide, including in West Virginia.
Altitude Restrictions
400 feet AGL ceiling for most operations
Federal law limits most drone flights to 400 feet above ground level. West Virginia does not lower this ceiling, though LAANC may impose lower ceilings in specific controlled airspace areas around airports.
Visual Line of Sight (VLOS)
Mandatory VLOS except under waivers
Drone operators must maintain visual line of sight with their aircraft during flight. Waivers are available through the FAA for specific operations like beyond-visual-line-of-sight (BVLOS) work, though no Part 108 final rule has been published as of this review.
National Park Service Drone Ban
All NPS units prohibit drone operations
The New River Gorge National Park and Preserve (formerly National River, redesignated in 2020), Gauley River National Recreation Area, Bluestone National Scenic River, and Harpers Ferry are all under federal drone ban (36 CFR § 1.5). Violators face up to 6 months jail and $5,000 fine.
Critical Infrastructure Protection (Federal)
Federal regulations protect critical infrastructure from drone threats
West Virginia's state critical infrastructure law (WV Code § 61-10-34) aligns with federal protections. Flying over critical infrastructure without authorization is illegal under both state and federal law.
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. If SB 900 (2026) was enacted, correctional and detention facilities are now included and this entry must be updated with the new effective date and confirmed statute citation.
Airspace & LAANC
LAANC Coverage
LAANC (Low Altitude Authorization and Notification Capability) is available at over 726 airports nationwide, including controlled airspace around West Virginia International Yeager Airport (CRW) in Charleston, Tri-State Airport (HTS) in Huntington, and Morgantown Municipal Airport (MGW, Class D). Drone operators in controlled airspace require LAANC authorization before takeoff.
Major Airports
CRW — West Virginia International Yeager Airport (Charleston)HTS — Tri-State Airport (Huntington)MGW — Morgantown Municipal Airport (Morgantown)
TFR Notice
Temporary Flight Restrictions (TFRs) may be issued for special events, emergency operations, or security purposes. New River Gorge National Park maintains a permanent drone ban (36 CFR § 1.5). The Steep Valley Fire incident in November 2023 at New River Gorge demonstrated that unauthorized drone flights can disrupt emergency operations.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
SB 900Passed both chambers (March 2026) but did not complete passageIncluding Certain Correctional Facilities as 'Targeted Facility'
Would amend WV Code § 61-16-1 to add correctional and detention facilities to the definition of 'targeted facility' under the state's critical infrastructure protection statute. Would expand the drone ban over these facilities beyond current law. Bill passed the House (March 14, 2026) but stalled before final enactment.
Last action: March 14, 2026
HB 5421Introduced; In CommitteeProhibiting Purchase of Drones Manufactured by Covered Foreign Entities
Would require state and county personnel to purchase drones produced in the United States. Creates the Act to Prohibit Purchase of Small Unmanned Aircraft Manufactured or Assembled by a Covered Foreign Entity and establishes a drone replacement grant program.
Last action: February 10, 2026
HB 5552Introduced; In CommitteeProhibiting Purchase of Drones Manufactured by Covered Foreign Entities
Similar to HB 5421. Would restrict state and county purchase of small unmanned aircraft from covered foreign entities and establish replacement grant program.
Last action: February 16, 2026
HB 5225Introduced; In CommitteeProhibiting Drones Over Polling Places on Election Day
Would prohibit any person from operating an unmanned aerial vehicle over a polling place or within the electioneering zone on election day.
Last action: February 5, 2026
SB 812Introduced; In CommitteeProhibiting Drones Over Polling Places on Election Day
Companion to HB 5225. Would prohibit operation of unmanned aerial vehicles over polling places or electioneering zones on election day.
Last action: February 6, 2026
HB 2043Introduced (2025 session)Use of Drones for Tracking Mortally Wounded Game
Would authorize the use of drones and leashed dogs to track mortally wounded deer, elk, turkey, wild boar, or bear. Use limited to the hunter's own property or lease, with reasonable belief the animal is mortally wounded. Creates narrow exception to general drone hunting prohibitions.
Last action: February 12, 2025
SB 721Introduced (2025 session)Authorizing Use of Unmanned Aerial Vehicles to Track Mortally Wounded Wild Animals
Companion to HB 2043. Would authorize use of drones to track mortally wounded big game animals under specified conditions.
Last action: March 6, 2025
HB 2510Introduced (2025 session)Use of Drones with Thermal Imaging for Recovery of Big Game
Would allow for the use of drones equipped with thermal imaging capabilities to recover mortally wounded big game animals, providing hunters with advanced technology tools for wildlife recovery efforts.
Last action: February 17, 2025
HB 4682Introduced; In CommitteeFourth Amendment Restoration Act
Would prohibit law enforcement and political subdivision officials from utilizing, implementing, adopting, or continuing use of specified surveillance and artificial intelligence technologies, potentially including drone surveillance.
Last action: January 21, 2026
HB 4628Introduced; In CommitteeProtecting Everyone from Excessive Police Surveillance (PEEPS) Act
Would protect citizens from databases created to reveal or contain historical location information of persons or vehicles, addressing concerns about police surveillance tracking.
Last action: January 21, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| West Virginia University | WVU requires all drone and unmanned aircraft system operations on campus to be approved by the Office of Environmental Health & Safety (EHS) before flying. Milan Puskar Stadium is under a Temporary Flight Restriction (TFR) during football games and athletic events. Restrictions: No flights without prior EHS approval. Milan Puskar Stadium TFR during athletic events and football games. No operations over campus buildings, crowds, or parking areas without explicit authorization. | Yes | Office of Environmental Health & Safety (EHS) at 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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