Virginia Drone Laws (2026): State Rules, Local Ordinances & FAA

Prohibits knowingly and intentionally causing a UAS to enter another's property within 50 feet of a dwelling to coerce, intimidate, or harass; to take off or land in violation of FAA Special Security Instructions or UAS Security Sensitive Airspace Restrictions; or to drop items or obtain imagery at correctional facilities. 2025 amendments added Class 4 felony provisions for unauthorized UAS over critical infrastructure, military bases, or MTSA-covered maritime facilities (subsection B) and for obtaining controlled technical information imagery at contracted defense facilities (subsection D).

Makes it a Class 1 misdemeanor to knowingly and intentionally cause a UAS to secretly or furtively peep, spy, or attempt to peep or spy into or through a window, door, or other aperture of any building occupied or intended for occupancy as a dwelling, where the conduct would violate the occupant's reasonable expectation of privacy. A carve-out exists for lawful criminal investigations.

Prohibits sex offenders required to register under § 9.1-901 from using a UAS to knowingly and intentionally follow, contact, or capture images of another person without permission, or render that person recognizable by face or distinguishing characteristics. Also prohibits protective order respondents from using a UAS to follow, contact, or capture images of the petitioner or any other individual named in the protective order.

Requires state and local law-enforcement agencies to obtain a search warrant before operating a UAS for law-enforcement purposes, with exceptions for AMBER/Senior/Blue Alerts, immediate danger, crash-scene reconstruction, consent, training, environmental quality enforcement, or certain emergency response situations. 2026 amendments expedite warrant issuance and permit warrantless use for surveying crime scenes or public safety calls on public property, locating fleeing suspects during initial response, or providing real-time aerial observation for on-scene safety. Evidence obtained in violation of the statute is inadmissible. Weaponized UAS may not be deployed except at Space Port and Naval/Aegis facilities at Wallops Island.

Preempts political subdivisions from regulating the use of privately owned UAS within their boundaries. However, subsection B permits a political subdivision to regulate take-off and landing of a UAS on property owned by the political subdivision, subject to rules promulgated by the Virginia Department of Aviation consistent with federal aviation regulations. Political subdivisions must report any such ordinances to DOAV.

Explicitly exempts unmanned aircraft from state registration requirements. Virginia does not require state registration of privately owned drones; federal FAA registration only applies.

Prohibits voluntary landing or operation of any UAS, drone, remote-control model aircraft, or related apparatus within or upon any Virginia state park or Department of Conservation and Recreation property. Emergency rescue and evacuation aircraft are exempt. Permits are issued only for commercial or approved research uses; recreational operators have no application pathway. Permits must be carried on-site, and the Site Manager retains authority to require presence, limit operational windows, or prohibit operation.

Unlawful to use a drone to hunt, take, or kill a wild animal; to drive or herd a wild animal for hunting purposes; or to harass a wild animal. Also prohibits hunting or assisting another in hunting on the same calendar day after using a drone to locate or surveil a wild animal during an open season. Exemptions cover DWR-authorized wildlife-management activities, federal fish-and-wildlife employees, and local animal-control officers in the course of duty.

Makes it unlawful to harass hunters or fishermen using a drone. This statute applies to drone operations that interfere with lawful hunting or fishing activities.

Specifies that the fire chief or other officer in charge of a Virginia fire department has authority to maintain order at an emergency incident, including the immediate airspace above the incident. Individuals who disobey the orders of the officer in charge regarding airspace control are subject to criminal penalties.

UAS Operations in County Parks - Night Flying Prohibition

Prohibits the use of drones in Prince William County parks and outdoor facilities during night time hours. Any person operating a UAS in county parks or facilities must first secure permission from the park authority.

Flying Equipment in Public Areas

Flying or controlling any airborne equipment from public areas is prohibited without a permit from the appropriate government official.

UAS Operations on City Property

The City of Richmond has not adopted a comprehensive local drone ordinance but requires site-specific authorization for take-off and landing on city park property, city government buildings, and city-managed historic landmarks including Virginia State Capitol grounds and Canal Walk. Richmond Police Department operates under General Order 06-32.

UAS Operations Ordinance (Proposed)

Norfolk City Council has proposed a drone ordinance that would require permits for take-off and landing on city property and outright ban operations at listed sites. As of May 2025, the ordinance remained proposed pending June 9, 2025 vote.