West Virginia Drone Laws (2026): State Rules, Local Ordinances & FAA
Complete guide for commercial and recreational UAS operators
State Overview
West Virginia maintains a permissive approach to drone operations with no state-level registration, licensing, or insurance requirements beyond federal FAA standards. The state has enacted targeted criminal statutes addressing privacy invasion, surveillance, harassment, and critical infrastructure protection under WV Code §61-16, but does not impose broad restrictions on recreational or commercial flying.
State Drone Laws
WV Code §20-2-5Unlawful Methods of Hunting—Use of Drones
Prohibits hunting, taking, killing, or harassing wildlife using drones or unmanned aircraft systems. Bars using drones to locate, drive, or herd game for hunting or trapping purposes.
WV Code §61-16-2Prohibited Use of Unmanned Aircraft Systems
Enacted in 2018 (HB 3005) and substantially amended in 2023 (HB 3479). Prohibits operating a drone to: knowingly and intentionally capture photos, video, or audio of another person or their private property without permission in a manner that invades reasonable expectation of privacy; view, follow, or contact another person or property the same way; harass another person; violate a restraining order or similar judicial order; act with willful, wanton disregard for the safety of persons or property; interfere with law enforcement or emergency personnel duties; conduct hostile surveillance over critical infrastructure facilities ('targeted facilities'); or drop objects on critical infrastructure. Includes news gathering exception for organizations operating above 400 feet AGL.
WV Code §20-5-2Recreational Drone Operations in State Parks, Forests, and Rail Trails
Enacted by HB 4607. Permits recreational drone operations in West Virginia state parks, state forests, and rail trails, but requires operators to register with the area superintendent before flying. Superintendent provides map of prohibited areas and may set limited restrictions for safety, privacy, facilities, peaceful atmosphere, or wildlife protection. Operators assume full responsibility and liability for the flight.
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 or recording of a person or private property without consent in a manner that invades reasonable expectation of privacy | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors, local police, West Virginia State Police | Includes recording through windows or structural openings. Violates WV Code §61-16-2(a). |
| Drone-based stalking, harassment, or violation of restraining order | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors, local police, West Virginia State Police | Includes viewing, following, or contacting a person using a drone. Separate offense for violating a restraining order via drone. Violates WV Code §61-16-2(a). |
| Hostile surveillance or object-dropping over critical infrastructure ('targeted facility') | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors, local police, West Virginia State Police, facility security | Targeted facilities include power plants, water/wastewater facilities, chemical plants, refineries, pipelines, and dams as defined in §61-10-34. Violates WV Code §61-16-2(b). |
| Operating a drone with willful, wanton disregard for safety or interfering with law enforcement or emergency personnel | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors, local police, West Virginia State Police | Includes reckless operation endangering persons or property, or obstruction of emergency responders. Violates WV Code §61-16-2(a). |
| Equipping or operating a drone with a deadly weapon | Felony | $1,000 to $5,000 | 1 to 5 years | County prosecutors, state police | Exception for authorized military operations. Violates WV Code §61-16-2(g). |
| Operating a drone with intent to damage or disrupt a manned aircraft | Felony | $1,000 to $5,000 | 1 to 5 years | Federal aviation authorities, state police, county prosecutors | Violates WV Code §61-16-2(h). Federal penalties may also apply. |
| Using a drone to hunt, harass, locate, or drive wildlife for hunting or trapping | Misdemeanor (Wildlife violation) | $100 to $500 per offense | 10 to 100 days per offense | West Virginia Division of Natural Resources | Includes using a drone to scout or locate game before hunting. Violates WV Code §20-2-5(a). |
| Operating a drone in a state park, forest, or rail trail without registering with the superintendent | Park rule violation | Varies by park | None | State park staff, West Virginia Division of Natural Resources | Registration is required before flying. Operator must obtain map of prohibited areas. Violates WV Code §20-5-2. |
Drone surveillance or recording of a person or private property without consent in a manner that invades reasonable expectation of privacy
Includes recording through windows or structural openings. Violates WV Code §61-16-2(a).
Drone-based stalking, harassment, or violation of restraining order
Includes viewing, following, or contacting a person using a drone. Separate offense for violating a restraining order via drone. Violates WV Code §61-16-2(a).
Hostile surveillance or object-dropping over critical infrastructure ('targeted facility')
Targeted facilities include power plants, water/wastewater facilities, chemical plants, refineries, pipelines, and dams as defined in §61-10-34. Violates WV Code §61-16-2(b).
Operating a drone with willful, wanton disregard for safety or interfering with law enforcement or emergency personnel
Includes reckless operation endangering persons or property, or obstruction of emergency responders. Violates WV Code §61-16-2(a).
Equipping or operating a drone with a deadly weapon
Exception for authorized military operations. Violates WV Code §61-16-2(g).
Operating a drone with intent to damage or disrupt a manned aircraft
Violates WV Code §61-16-2(h). Federal penalties may also apply.
Using a drone to hunt, harass, locate, or drive wildlife for hunting or trapping
Includes using a drone to scout or locate game before hunting. Violates WV Code §20-2-5(a).
Operating a drone in a state park, forest, or rail trail without registering with the superintendent
Registration is required before flying. Operator must obtain map of prohibited areas. Violates WV Code §20-5-2.
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 or licensing. Federal FAA registration ($5 for 3 years) is required for drones over 0.55 lbs. No state commercial license is required beyond the federal FAA Part 107 Remote Pilot Certificate. No state insurance mandate exists. However, flying in West Virginia state parks requires registration with the area superintendent (a separate administrative process, not a state-level registration).
No state-level permit required. However, operators flying in state parks must register with the park superintendent and obtain a map of prohibited areas before flight.
Applicable Federal Regulations
FAA Part 107 Commercial Operations
Remote Pilot Certificate required for commercial drone work
All commercial drone operations in West Virginia must comply with FAA Part 107 (Small UAS Rule). Operators must pass the FAA knowledge test ($175), maintain a current Remote Pilot Certificate, and comply with airspace restrictions, altitude limits (400 ft AGL), visual line-of-sight requirements, and other operational rules. West Virginia does not impose additional state licensing requirements for commercial operations; Part 107 certification is sufficient. Commercial operators are specifically authorized under WV Code §61-16-2(i).
Recreational TRUST Test
Free online test required for non-commercial operations
Recreational flyers must pass the Recreational UAS Safety Test (TRUST), available free online through FAA-approved test administrators. The test covers safety and regulatory information. Proof of passage must be carried when flying. West Virginia does not require any additional recreational licensing.
FAA Registration and Remote ID
Federal registration required for drones over 0.55 lbs; Remote ID mandatory since March 2024
All drones heavier than 250g (0.55 lbs) must be registered with the FAA ($5 for 3 years via FAA DroneZone). The registration number must be visible on the aircraft. Remote ID broadcast capability has been mandatory since March 16, 2024, either via onboard module or operation inside a FAA-Recognized Identification Area (FRIA).
Altitude and Airspace Restrictions
400-foot AGL ceiling for most operations; LAANC required in controlled airspace
The FAA baseline altitude limit is 400 feet above ground level. West Virginia does not impose a lower ceiling. In controlled airspace around Charleston (CRW), Huntington (HTS), Morgantown (MGW), and other controlled airports, LAANC authorization must be obtained before flight. Class D airspace at Morgantown requires LAANC even for recreational flights.
Visual Line of Sight and Daylight Operations
VLOS required; night operations now permitted with lighting
Part 107 and recreational operations require maintaining visual line of sight with the drone. Night operations are now permitted under Part 107 without a waiver, provided the drone has anti-collision lighting visible for at least 3 statute miles. Operations in civil twilight are permitted without waiver.
National Park Service No-Fly Zones
Drones prohibited in NPS units under 36 CFR § 1.5
The following National Park Service units in or near West Virginia are completely off-limits to drone operations: New River Gorge National Park and Preserve, Gauley River National Recreation Area, Bluestone National Scenic River, and Harpers Ferry National Historical Park. Violations result in federal penalties (up to 6 months jail and $5,000 fine).
Critical Infrastructure Protection
Federal airspace rules combined with state criminal statute over targeted facilities
In addition to any federal Temporary Flight Restrictions, West Virginia law (§61-16-2) makes it a misdemeanor to conduct hostile surveillance or drop objects on critical infrastructure facilities (power plants, refineries, water facilities, chemical plants, pipelines, dams, and other facilities meeting the definition in §61-10-34) without authorization. Federal penalties may also apply under 18 USC § 32 (aircraft sabotage) for certain conduct.
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 major airports in West Virginia, including Yeager Airport (CRW) in Charleston, Tri-State Airport (HTS) in Huntington, and Morgantown Municipal Airport (MGW). LAANC authorization is required for operations in controlled airspace around these fields.
Major Airports
CRW — Yeager Airport (Charleston)HTS — Tri-State Airport (Huntington)MGW — Morgantown Municipal Airport (Morgantown)
TFR Notice
Temporary Flight Restrictions (TFRs) are issued for special events and emergencies. Check B4UFLY or FAA TFR notices before every flight. New River Gorge National Park and other National Park Service units have permanent no-fly restrictions. Presidential security details and major sporting events may trigger TFRs.
Recent Enforcement Actions & News
New River Gorge National Park Drone Interference During Steep Valley Fire
enforcementAn unauthorized drone was spotted operating in an active fire zone at New River Gorge National Park during the Steep Valley Fire (1,946+ acres burned). The flight disrupted aerial firefighting operations and forced officials to establish a 5-mile temporary flight restriction. The incident highlighted the serious risks posed by unauthorized drone flights near emergency operations and critical infrastructure.
Pending Legislation
SB 900Passed House, pending Senate final passageIncluding Certain Correctional Facilities as 'Targeted Facility'
Proposed amendment to WV Code §61-16-1 to broaden the definition of 'targeted facility' (critical infrastructure) to include certain correctional and detention facilities. This would make unauthorized drone operations over prisons and jails a state misdemeanor under §61-16-2(b), consistent with protections for other critical infrastructure. The bill passed both chambers in differing versions during the 2026 session but did not complete passage before session end.
Last action: March 14, 2026
HB 5421In Committee (House Government Organization)Prohibition on Purchase of Small Unmanned Aircraft from Covered Foreign Entities
Proposed legislation to prohibit state and county personnel from purchasing drones manufactured or assembled by covered foreign entities. The bill defines covered foreign entities and establishes a drone replacement grant program for agencies currently operating foreign-manufactured drones. Addresses procurement of drones for state and local government use.
Last action: February 10, 2026
HB 5552In Committee (House Judiciary)Prohibition on Purchase of Small Unmanned Aircraft from Covered Foreign Entities
Similar to HB 5421, this bill would prohibit purchase of small unmanned aircraft from covered foreign entities and establish a drone replacement grant program for state and county agencies.
Last action: February 16, 2026
HB 5225In Committee (House Judiciary)Prohibition on Operating Drones Over Polling Places on Election Day
Proposed legislation to prohibit any person from operating an unmanned aerial vehicle over a polling place or within the designated electioneering zone on election day. Intended to protect election integrity and voter access.
Last action: February 5, 2026
SB 812In Committee (Senate Judiciary)Prohibition on Operating Drones Over Polling Places on Election Day
Senate companion to HB 5225, proposing to prohibit drone operations over polling places and electioneering zones on election day.
Last action: February 6, 2026
HB 2043Introduced in 2025 session (status unclear)Use of Dogs and/or Drones for Tracking Mortally Wounded Deer, Elk, Turkey, Wild Boar, or Bear
Would authorize the use of drones and leashed dogs to track mortally wounded deer, elk, turkey, wild boar, or bear. Limited to the hunter's own property or lease, and only when the hunter has a reasonable belief the animal is mortally wounded. This would create a carve-out to the general prohibition on using drones to hunt, harass, or locate wildlife under WV Code §20-2-5.
Last action: February 12, 2025
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| West Virginia University | WVU requires all drone operations on campus and over university property to be approved in advance by the Office of Environmental Health & Safety (EHS). Milan Puskar Stadium has a Temporary Flight Restriction (TFR) during football games and other major athletic events. Restrictions: Prior approval from EHS required for any flight on or over campus. Milan Puskar Stadium is a no-fly zone during athletic events. No flights over buildings, crowds, or parking areas without specific authorization. | Yes | West Virginia University 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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