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 targeted restrictions on hunting, state park operations, privacy, and certain surveillance activities. The state has enacted legislation addressing privacy concerns and is actively considering new laws covering critical infrastructure protection, foreign-manufactured drones, and polling place restrictions. West Virginia generally defers to federal FAA requirements for commercial and recreational operations, though several bills in the 2026 legislative session could meaningfully expand state-level restrictions.
State Drone Laws
HB 2515 (2015)Prohibition on Hunting with Unmanned Aircraft Systems
Prohibits the use of unmanned aircraft systems for hunting any game animals or wildlife in West Virginia. Codified under West Virginia hunting and wildlife statutes.
HB 3005 (2018)Prohibited Uses of Unmanned Aircraft Systems
Establishes comprehensive prohibitions on drone operations in West Virginia. Prohibits knowingly and intentionally capturing photographs, images, video, or audio of another person or private property without permission in a manner that invades reasonable expectation of privacy, including through windows. Also prohibits viewing, following, or contacting another person or their property without permission in a manner that invades privacy. Prohibits harassment or violation of restraining orders. Prohibits operating a drone with disregard for safety of persons or property, or in a manner that interferes with official duties of law enforcement or emergency medical personnel.
HB 4607 (2018)Drone Operations in West Virginia State Parks
Requires drone operators to obtain permission from the State Park Superintendent before flying in any of West Virginia's state parks. Upon approval, operators must register with the superintendent. The superintendent shall provide a list and map of any prohibited areas within the park. Participants assume full responsibility and liability for any risk or injury related to unmanned aircraft system operations.
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 |
|---|---|---|---|---|---|
| Hunting with unmanned aircraft system (HB 2515) | Game and Wildlife Violation | Not specified in statute; subject to WVDNR enforcement schedule | Not specified | West Virginia Division of Natural Resources | Subject to game and wildlife enforcement penalties under West Virginia law; may include license revocation and equipment confiscation. |
| Privacy invasion via drone surveillance (HB 3005) | Criminal or civil offense depending on conduct | Not specified in statute | Not specified in statute | State and local law enforcement | Specific penalty amounts not detailed in statute text; prosecutors may use applicable criminal statutes. |
| Unsafe drone operation interfering with law enforcement or emergency medical personnel (HB 3005) | Criminal or civil offense depending on conduct | Not specified in statute | Not specified in statute | State and local law enforcement | Operating with disregard for safety or interference with emergency personnel; may overlap with federal obstruction provisions. |
| Unpermitted drone operation in state parks (HB 4607) | State park regulatory violation | Not specified in statute | Not specified | West Virginia State Parks | Operator assumes full liability for damages and injuries resulting from unpermitted operations. |
Hunting with unmanned aircraft system (HB 2515)
Subject to game and wildlife enforcement penalties under West Virginia law; may include license revocation and equipment confiscation.
Privacy invasion via drone surveillance (HB 3005)
Specific penalty amounts not detailed in statute text; prosecutors may use applicable criminal statutes.
Unsafe drone operation interfering with law enforcement or emergency medical personnel (HB 3005)
Operating with disregard for safety or interference with emergency personnel; may overlap with federal obstruction provisions.
Unpermitted drone operation in state parks (HB 4607)
Operator assumes full liability for damages and injuries resulting from unpermitted operations.
Registration Requirements
State Registration
Not Required
State Permit
Required
State Insurance
Not Required
West Virginia does not require state-level drone registration. Federal FAA registration is required for recreational drones over 250g ($5 fee), and commercial pilots must comply with FAA Part 107 requirements including registration. State park operations additionally require superintendent approval and registration with park staff prior to flight.
Permits required for operations in West Virginia state parks; must obtain approval from State Park Superintendent and register with the superintendent before flying. No statewide commercial permit is required beyond FAA Part 107 certification.
Applicable Federal Regulations
FAA Part 107 Commercial Certification
Commercial drone operations in West Virginia
All commercial drone pilots operating in West Virginia must obtain FAA Part 107 Remote Pilot Certificate by passing the Aeronautical Knowledge Test. West Virginia does not impose additional state-level commercial licensing requirements beyond federal standards.
Recreational UAS Safety Test (TRUST)
Recreational drone operation requirements
Recreational drone pilots in West Virginia must pass the FAA's Recreational UAS Safety Test (TRUST) and carry proof of passage. Recreational drones weighing more than 250 grams must be registered with the FAA for $5.
Federal Certificate of Authorization (COA)
Government agency drone operations
Government employees in West Virginia (police, fire, emergency management) may operate under either FAA Part 107 or obtain a federal Certificate of Authorization (COA) for their operations.
Remote ID Compliance
Unmanned aircraft remote identification requirements
All drone operators in West Virginia must comply with FAA Remote ID requirements effective September 16, 2023. Non-compliance may result in certificate suspension or civil penalties up to $32,666 per violation. Operators may use Standard Remote ID drones, Remote ID broadcast modules, or operate within FAA-Recognized Identification Areas (FRIAs).
Critical Infrastructure Airspace
FAA restrictions over critical infrastructure
Federal law (49 U.S.C. § 46320) prohibits drone operations over certain critical infrastructure facilities. West Virginia's pending SB 900 would add state-level restrictions over correctional facilities, supplementing federal protections.
For complete federal regulations, see our Federal Regulations page.
Airspace & LAANC
LAANC Coverage
LAANC (Low Altitude Authorization and Notification Capability) is available for authorized airspace in West Virginia. Drone pilots should check current LAANC availability for their specific location using the FAA DroneZone or compatible planning apps.
Major Airports
CRW — Yeager Airport (Charleston)CKB — Benedum Airport (Clarksburg)HTS — Tri-State Airport (Huntington)LWB — Greenbrier Valley Airport (Lewisburg)MGW — Morgantown Municipal Airport (Morgantown)
TFR Notice
Temporary Flight Restrictions (TFRs) are established around Milan Puskar Stadium in Morgantown during West Virginia University football games and other major athletic events. TFRs may also apply during special events, emergency operations, and VIP movements. Pilots should always check current TFRs via the FAA's B4UFly app or the FAA TFR system before flying.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
HB 5421In CommitteeAct to Prohibit the Purchase of Small Unmanned Aircraft Manufactured or Assembled by a Covered Foreign Entity
Would prohibit state and county personnel from purchasing small unmanned aircraft manufactured or assembled by covered foreign entities (including Chinese-affiliated companies such as DJI). Includes a drone replacement grant program to assist agencies in transitioning to compliant equipment.
Last action: February 10, 2026
HB 5552In CommitteeAct to Prohibit the Purchase of Small Unmanned Aircraft Manufactured or Assembled by a Covered Foreign Entity
Substantially similar to HB 5421. Would prohibit state and county personnel from purchasing small unmanned aircraft from covered foreign entities and provides for a drone replacement grant program. Appears to be a competing or companion vehicle to HB 5421.
Last action: February 16, 2026
HB 5225In CommitteeProhibiting Operation of Unmanned Aerial Vehicles 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. If enacted, would create a new category of restricted airspace under state law.
Last action: February 5, 2026
SB 812In CommitteeProhibiting Operation of Unmanned Aerial Vehicle Over Polling Place on Election Day
Senate companion to HB 5225. 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 6, 2026
SB 900Passed HouseIncluding Certain Correctional Facilities as 'Targeted Facility'
Would expand the definition of 'targeted facility' under West Virginia law to include correctional and detention facilities, effectively criminalizing the use of unmanned aerial vehicles over such locations. This builds on existing critical infrastructure protection frameworks and is among the most advanced bills in the 2026 session.
Last action: March 14, 2026
HB 4682In CommitteeFourth Amendment Restoration Act
Would prohibit law-enforcement officers and political subdivision officials from utilizing, implementing, adopting, or continuing the use of certain surveillance and artificial intelligence technologies, potentially including certain drone surveillance applications. If enacted, would significantly restrict law enforcement drone surveillance programs.
Last action: January 21, 2026
HB 4628In CommitteeProtecting Everyone from Excessive Police Surveillance (PEEPS) Act
Would protect citizens from databases containing information revealing historical locations of citizens or vehicles, potentially restricting certain drone surveillance data collection and retention practices by law enforcement.
Last action: January 21, 2026
HB 4006Passed HouseCreating the West Virginia Aerospace and Advanced Manufacturing Growth Act
Would foster operations and growth of all facets of the aerospace industry in West Virginia, potentially creating an enabling framework for unmanned aircraft systems development, testing, and operations. Could establish incentive programs relevant to UAS industry development.
Last action: March 14, 2026
HCR 18In CommitteeIdentifying that the People's Republic of China is Conducting an Illegal Asymmetric War Against the U.S. and West Virginia
A concurrent resolution identifying concerns about Chinese asymmetric warfare activities. While non-binding, provides legislative context and political support for the companion bills restricting purchase of foreign-manufactured drones (HB 5421, HB 5552).
Last action: February 10, 2026
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| West Virginia University | WVU requires all drone operations on campus to be approved by the Office of Environmental Health & Safety (EHS) prior to flight. The WVU EHS Unmanned Aircraft Systems program covers academic, research, and administrative drone use. Milan Puskar Stadium has a temporary flight restriction (TFR) during football games and major athletic events, enforceable under FAA and federal law. Restrictions: EHS approval required before any drone operations on campus or university property. Stadium TFR applies during football games and other designated athletic events. Operators must comply with all applicable FAA regulations including Part 107 or recreational rules as applicable. | Yes | Office of Environmental Health & Safety, West Virginia University |
| Marshall University | Marshall University requires drone operators to obtain prior authorization before conducting any unmanned aircraft operations on university property. Operations must comply with all applicable FAA regulations and university safety protocols. Restrictions: Prior authorization required for all drone operations on Marshall University property. Operators must hold applicable FAA certifications. Operations near Joan C. Edwards Stadium may be subject to TFRs during athletic events. | Yes | Marshall University Office of Environmental Health & Safety or University Police |
| West Virginia State University | West Virginia State University drone operations on campus are subject to institutional policy requiring advance approval. All operators must comply with FAA requirements applicable to their operation type. Restrictions: Advance approval required for drone operations on campus. FAA Part 107 certification required for commercial or non-recreational operations. | Yes | West Virginia State University administration or campus safety office |
Last Updated
This page is automatically verified and updated weekly by our AI-powered legal research agent (v1.0.1). While we strive for accuracy, always verify critical information with official state sources.
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