West Virginia Drone Laws
Complete guide for commercial and recreational UAS operators
State Overview
West Virginia maintains a moderate regulatory posture toward drone operations, with comprehensive state-level statutes addressing privacy invasion, stalking, critical infrastructure protection, and weaponization. The state permits recreational and commercial drone flights under FAA rules, with state parks requiring superintendent registration and approval. The state does not impose additional commercial licensing requirements beyond federal Part 107 certification.
State Drone Laws
WV Code § 20-2-5(5)Prohibition on Using Drones to Hunt Wildlife
Prohibits hunting wildlife using drones or unmanned aircraft systems, including taking, killing, shooting at, or herding wild animals or birds.
WV Code § 20-5-2Drone Operations in West Virginia State Parks
Requires drone operators to obtain permission from the State Park Superintendent before flying in West Virginia state parks, state forests, or rail trails, and to register with the superintendent. The superintendent provides a map of prohibited areas and specifies permitted operating times. Operators assume full responsibility and liability for any risk or injury.
WV Code § 61-16-2Prohibited Use of Unmanned Aircraft Systems; Criminal Penalties
Comprehensive statute prohibiting operation of drones to: (1) knowingly and intentionally capture images, video, or audio of persons or private property without consent in a manner invading reasonable expectation of privacy, including through windows or structural openings; (2) knowingly and intentionally view, follow, or contact another person without permission in a manner invading privacy; (3) knowingly and intentionally harass another person; (4) violate a restraining order or similar judicial order; (5) disregard safety of persons or property; or (6) interfere with law enforcement or emergency personnel duties. Includes exception for news gathering organizations operating at minimum 400 feet AGL.
HB 2043 (2025)Authorization for Tracking Mortally Wounded Game with Drones
Authorizes the use of drones and leashed dogs to track mortally wounded deer, elk, turkey, wild boar, or bear. Use is limited to the hunter's own property or lease, and the hunter must have reasonable belief that the animal is mortally wounded. This creates an exception to the general wildlife harassment prohibition.
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 |
|---|---|---|---|---|---|
| Capturing images, video, or audio of persons or property without consent invading privacy (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement | Includes surveillance through windows or structural openings |
| Drone stalking, following, or contacting without permission (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement | West Virginia explicitly criminalizes drone stalking separate from general privacy violations |
| Violating a restraining order using a drone (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement | Treated as separate criminal offense from the underlying restraining order violation |
| Harassing another person with a drone (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement | |
| Operating drone over critical infrastructure without authorization (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement, Facility Operators | Applies even when no FAA TFR is active; critical infrastructure includes chemical plants, power plants, correctional facilities, and other targeted facilities. Enhanced penalties under pending SB 900 for correctional facilities. |
| Disregarding safety of persons or property with a drone (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement | Willful wanton disregard standard applies |
| Interfering with law enforcement or emergency personnel duties (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | State Police, Local Law Enforcement, First Responders | Applies to interference with official duties of any law enforcement or emergency medical personnel |
| Weaponizing a drone (WV Code § 61-16-2(c)) | Felony | $1,000 to $5,000 | 1 to 5 years in state correctional facility | State Police, FBI | Equipping drone with deadly weapon outside of military or official capacity |
| Operating drone to damage or disrupt manned aircraft (WV Code § 61-16-2(d)) | Felony | $1,000 to $5,000 | 1 to 5 years in state correctional facility | FAA, State Police, FBI | Intent to cause damage or disrupt flight operations required |
| Hunting wildlife using drones (WV Code § 20-2-5(5)) | Wildlife Violation | $100 to $500 | 10 to 100 days per offense | West Virginia Division of Natural Resources | Multiple offenses result in cumulative penalties; does not apply to authorized wounded game tracking per HB 2043 |
Capturing images, video, or audio of persons or property without consent invading privacy (WV Code § 61-16-2(a))
Includes surveillance through windows or structural openings
Drone stalking, following, or contacting without permission (WV Code § 61-16-2(a))
West Virginia explicitly criminalizes drone stalking separate from general privacy violations
Violating a restraining order using a drone (WV Code § 61-16-2(a))
Treated as separate criminal offense from the underlying restraining order violation
Harassing another person with a drone (WV Code § 61-16-2(a))
Operating drone over critical infrastructure without authorization (WV Code § 61-16-2(a))
Applies even when no FAA TFR is active; critical infrastructure includes chemical plants, power plants, correctional facilities, and other targeted facilities. Enhanced penalties under pending SB 900 for correctional facilities.
Disregarding safety of persons or property with a drone (WV Code § 61-16-2(a))
Willful wanton disregard standard applies
Interfering with law enforcement or emergency personnel duties (WV Code § 61-16-2(a))
Applies to interference with official duties of any law enforcement or emergency medical personnel
Weaponizing a drone (WV Code § 61-16-2(c))
Equipping drone with deadly weapon outside of military or official capacity
Operating drone to damage or disrupt manned aircraft (WV Code § 61-16-2(d))
Intent to cause damage or disrupt flight operations required
Hunting wildlife using drones (WV Code § 20-2-5(5))
Multiple offenses result in cumulative penalties; does not apply to authorized wounded game tracking per HB 2043
Registration Requirements
State Registration
Not Required
State Permit
Required
State Insurance
Not Required
West Virginia does not require state-level drone registration separate from FAA registration. All drones over 250 grams (0.55 lbs) must be registered with the FAA ($5 for 3 years).
Permits and registration required for flights in West Virginia state parks and state forests. Operators must register with the area superintendent before flying and receive a map of restricted areas and permitted operating times. Commercial operations over critical infrastructure may require facility-specific authorization separate from state permits.
Not required by state law but recommended for both recreational and commercial operations.
Applicable Federal Regulations
FAA Registration & Remote ID
All drones over 250 grams must be registered with the FAA ($5 for 3 years). Remote ID has been required since March 2024 on all registered drones.
Recreational flyers must pass the TRUST test (free, online, one-time). Commercial operators must obtain a Remote Pilot Certificate by passing the Part 107 knowledge test ($175 test fee). Remote ID information must be broadcast on all registered drones.
Visual Line of Sight (VLOS)
All drone operators must maintain visual line of sight or use a visual observer in direct communication.
Required for both recreational and commercial operations. Visual observer must be physically next to the pilot and directly communicating. This is a federal baseline that cannot be relaxed by state law.
400-Foot Altitude Limit
Drones must not exceed 400 feet above ground level (AGL) in uncontrolled airspace without authorization.
In controlled airspace, operators must obtain LAANC authorization or manual coordinate with ATC to fly under 400 feet. West Virginia's exception for news gathering organizations allows 400-foot AGL minimum for news purposes.
Night Flying
Both recreational and Part 107 commercial pilots may fly at night with anti-collision lights visible for 3 statute miles.
Airspace authorization still required for night operations in controlled airspace under 400 feet. West Virginia does not add additional night flying restrictions beyond federal requirements.
Part 107 Commercial Operations
Commercial drone operations must comply with FAA Part 107 regulations and obtain a Remote Pilot Certificate.
West Virginia does not impose additional state-level commercial licensing or permit requirements beyond federal Part 107. However, state park superintendent authorization is required if operating in state parks, and facility-specific authorization may be required for critical infrastructure.
Operations Over People
Part 107 pilots may conduct operations over people and moving vehicles under certain conditions without a waiver.
These operations remain subject to state privacy laws (WV Code § 61-16-2), which prohibit capturing images or video of persons without consent. Operations must meet altitude, speed, and coverage requirements per 14 CFR 107.110.
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 is available at 726 airports nationwide and is required for authorization to fly in controlled airspace (Class B, C, D, and surface Class E) under 400 feet. Yeager Airport in Charleston and Morgantown Municipal Airport create controlled airspace in their respective regions. LAANC authorization is available through FAA-approved service providers.
Major Airports
CRW — Yeager Airport (Charleston), Class D airspaceMGW — Morgantown Municipal Airport, Class D airspaceCKB — Clarksburg-North Central West Virginia Regional AirportPKB — Benedum Airport (Parkersburg)
TFR Notice
Temporary Flight Restrictions may be established around special events, emergency operations (including wildfire suppression), government facilities, and critical infrastructure. New River Gorge National Park area has ongoing restrictions. Operators should check current TFR status before each flight via the FAA's B4UFLY app or TFR search.
Recent Enforcement Actions & News
Unauthorized Drone During Steep Valley Fire at New River Gorge National Park
enforcementAn unauthorized drone was spotted operating in the active fire zone during the Steep Valley Fire (1,946+ acres burned) at New River Gorge National Park. Officials established a temporary flight restriction within a 5-mile radius to protect firefighting aircraft. The unauthorized flight disrupted aerial firefighting operations, demonstrating risks to low-altitude manned aircraft.
Pending Legislation
SB 900Passed House on 2026-03-14, communicated to SenateIncluding Certain Correctional Facilities as 'Targeted Facility'
Would amend WV Code § 61-16-2 to expand the definition of 'targeted facility' (critical infrastructure) to specifically include correctional and detention facilities. This would make unauthorized drone overflight over such facilities a specific state misdemeanor, with penalties of $100-$1,000 fine and/or up to 1 year imprisonment.
Last action: March 14, 2026
HB 5225Introduced, Referred to House JudiciaryRelating to Prohibiting 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. Creates new criminal offense with penalties to be specified in statute.
Last action: February 5, 2026
SB 812Introduced, Referred to Senate JudiciaryProhibiting Drones Over Polling Places on Election Day
Senate companion to HB 5225. Prohibits operation of unmanned aerial vehicles over polling places or within electioneering zones on election day.
Last action: February 6, 2026
HB 5421Introduced, Referred to House Government Organization and FinanceTo Require Drones Used by State and County Personnel to be Produced in the United States
Would create the Act to Prohibit the Purchase of Small Unmanned Aircraft Manufactured or Assembled by Covered Foreign Entities. Prohibits state and county government purchase of drones from covered foreign entities and establishes a drone replacement grant program for transitioning to US-manufactured equipment.
Last action: February 10, 2026
HB 5552Introduced, Referred to House JudiciaryTo Require Drones Used by State and County Personnel to be Produced in the United States
Similar to HB 5421. Prohibits purchase of small unmanned aircraft from covered foreign entities for state and county government use, with drone replacement grant program provisions.
Last action: February 16, 2026
HB 4682Introduced, Referred to House JudiciaryFourth Amendment Restoration Act
Would prohibit law enforcement officers and political subdivision officials from utilizing, implementing, adopting, or continuing the use of certain specified surveillance and artificial intelligence technologies. Could impact drone surveillance by law enforcement if technology is included in restrictions.
Last action: January 21, 2026
HB 4628Introduced, Referred to House JudiciaryProtecting Everyone from Excessive Police Surveillance (PEEPS) Act
Would protect citizens from databases that reveal or contain information used to reveal citizens' or vehicles' historical locations. While not specifically about drones, could apply to location data collected via drone operations by law enforcement.
Last action: January 21, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| West Virginia University | WVU requires approval from the Office of Environmental Health & Safety for all drone operations on campus. Milan Puskar Stadium has a temporary flight restriction during football games and athletic events. Restrictions: EHS approval required before any drone flight on campus. Milan Puskar Stadium creates no-fly zone during football games and other athletic events. Specific areas may have additional restrictions based on research or operational activities. | 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.
Stay Compliant
Stay Compliant. Stay Organized.
Now that you know West Virginia's drone laws, let PilotLedger help you stay on top of compliance. Manage your quotes, invoices, clients, and run your drone business from one platform.