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-level registration, licensing, or insurance requirements beyond federal FAA rules. The state has enacted purpose-built legislation (WV Code Chapter 61, Article 16) that specifically criminalizes surveillance, harassment, critical infrastructure overflight, and weaponization, while explicitly allowing FAA-authorized commercial operations and recreational flying in state parks with superintendent registration.
State Drone Laws
WV Code § 61-16-2(a)Prohibited Use of Unmanned Aircraft Systems - Privacy and Surveillance
Prohibits knowingly and intentionally capturing photographs, images, video, or audio of another person or their private property without permission in a manner that invades reasonable expectation of privacy, including recording through windows. Also prohibits intentionally viewing, following, or contacting a person or their property without permission in a manner that invades privacy.
WV Code § 61-16-2(a)Prohibited Use of Unmanned Aircraft Systems - Harassment and Restraining Orders
Prohibits knowingly and intentionally harassing another person with a drone and prohibits operating a drone to violate a restraining order or similar judicial order.
WV Code § 61-16-2(b)Prohibited Use of Unmanned Aircraft Systems - Critical Infrastructure
Prohibits operating an unmanned aircraft system over a 'targeted facility' (critical infrastructure including refineries, power plants, water/wastewater facilities, chemical plants, pipelines, and dams) to drop objects or substances, to conduct hostile surveillance meant to harm the facility or people, or to steal trade secrets or protected government information. Added by HB 3479 in 2023.
WV Code § 61-16-2(c), (g)Prohibited Use of Unmanned Aircraft Systems - Weaponization
Prohibits equipping an unmanned aircraft system with any deadly weapon or operating any drone equipped with a deadly weapon, except for official military capacity.
WV Code § 61-16-2(d), (h)Prohibited Use of Unmanned Aircraft Systems - Aircraft Interference
Prohibits operating an unmanned aircraft system with the intent to cause damage to or disrupt in any way the flight of a manned aircraft.
WV Code § 61-16-2(e), (f)Prohibited Use of Unmanned Aircraft Systems - Reckless Operation and Law Enforcement Interference
Prohibits operating a drone with willful wanton disregard for the safety of persons or property. Also prohibits knowingly and intentionally operating a drone in a manner that interferes with the official duties of law enforcement personnel or emergency medical personnel.
WV Code § 20-2-5(a)(4), (5)Unlawful Methods of Hunting - Unmanned Aircraft Use
Prohibits hunting, taking, killing, wounding, harassing, or shooting at wild animals or birds from an unmanned aircraft. Also prohibits using a drone to hunt, take, wound, harass, transport, or kill wildlife, or to drive or herd game for purposes of hunting, trapping, or killing. Drone-specific language added in 2022.
WV Code § 20-5-2State Parks, Forests, and Rail Trails - Unmanned Aircraft Registration
Recreational drone operators are permitted to fly in West Virginia state parks, forests, and rail trails, but must register with the area superintendent before operating. The superintendent provides a map of prohibited areas and may set specific restrictions for safety, privacy, facilities, quiet, or wildlife protection. Operators assume full responsibility and liability for flights.
WV Code § 61-16-2(i)Commercial Drone Operations - Federal Authorization Exemption
A person authorized by the Federal Aviation Administration to operate unmanned aircraft systems for commercial purposes may operate in West Virginia for such purposes if the operation is consistent with federal law. No additional state licensing, registration, or permits are required for FAA Part 107 certified commercial operators.
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 violation of restraining order (WV Code § 61-16-2(a)) | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors, local law enforcement, West Virginia State Police | Intent to invade privacy or deliberately target protected persons required |
| Hostile drone surveillance or dropping objects over critical infrastructure (WV Code § 61-16-2(b)) | Misdemeanor | $100 to $1,000 | Up to 1 year | County prosecutors, local law enforcement, facility operators | Applies to refineries, power plants, water facilities, chemical plants, pipelines, and dams |
| Reckless drone operation or interference with law enforcement/EMS (WV Code § 61-16-2(e), (f)) | Misdemeanor | $100 to $1,000 | Up to 1 year | Local law enforcement, West Virginia State Police | Willful wanton disregard for safety or intentional interference required |
| Operating or equipping a drone with a deadly weapon (WV Code § 61-16-2(c), (g)) | Felony | $1,000 to $5,000 | 1 to 5 years | County prosecutors, law enforcement, FBI | Exception for official military use only |
| Operating a drone to damage or disrupt manned aircraft (WV Code § 61-16-2(d), (h)) | Felony | $1,000 to $5,000 | 1 to 5 years | FAA, FBI, local law enforcement | Serious federal aviation safety violation |
| Using a drone to hunt, scout, or harass wildlife (WV Code § 20-2-5) | Wildlife violation (misdemeanor) | $100 to $500 | 10 to 100 days | West Virginia Division of Natural Resources | Separate violation for each animal harassed or each hunting use |
| Operating drone in state park without superintendent registration (WV Code § 20-5-2) | Park rule violation | Varies by park policy | None typically | Park superintendent, park rangers | Registration is free but mandatory before any flight |
| Operating drone on National Park Service lands (36 CFR § 1.5) | Federal petty offense | Up to $5,000 | Up to 6 months | National Park Service rangers, federal prosecutors | Absolute ban on drones in New River Gorge, Gauley River, Bluestone, and Harpers Ferry |
Drone surveillance, stalking, harassment, or violation of restraining order (WV Code § 61-16-2(a))
Intent to invade privacy or deliberately target protected persons required
Hostile drone surveillance or dropping objects over critical infrastructure (WV Code § 61-16-2(b))
Applies to refineries, power plants, water facilities, chemical plants, pipelines, and dams
Reckless drone operation or interference with law enforcement/EMS (WV Code § 61-16-2(e), (f))
Willful wanton disregard for safety or intentional interference required
Operating or equipping a drone with a deadly weapon (WV Code § 61-16-2(c), (g))
Exception for official military use only
Operating a drone to damage or disrupt manned aircraft (WV Code § 61-16-2(d), (h))
Serious federal aviation safety violation
Using a drone to hunt, scout, or harass wildlife (WV Code § 20-2-5)
Separate violation for each animal harassed or each hunting use
Operating drone in state park without superintendent registration (WV Code § 20-5-2)
Registration is free but mandatory before any flight
Operating drone on National Park Service lands (36 CFR § 1.5)
Absolute ban on drones in New River Gorge, Gauley River, Bluestone, and Harpers Ferry
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 has no state-level drone registration requirement. The FAA requires registration of any drone over 250g ($5 for 3 years). For recreational operations in state parks and forests, operators must register with the area superintendent before flying, but this is operational registration, not a state aircraft registration and carries no fee or licensing requirement.
Recreational operations in state parks and forests require pre-flight check-in with the area superintendent to obtain a map of prohibited areas and any site-specific restrictions. Commercial operations conducted under FAA Part 107 authorization do not require additional state permits. No permit fees are charged.
Applicable Federal Regulations
Remote ID Compliance
Remote ID broadcast required for all registered drones as of March 16, 2024
All drones over 250g must broadcast Remote ID information via Standard Remote ID module, FAA-approved broadcast module, or operate within an FAA-Recognized Identification Area (FRIA). Compliance is federally enforced and violation can result in civil penalties up to $27,500.
Part 107 Commercial Certification
FAA Remote Pilot Certificate required for commercial drone work
West Virginia explicitly allows FAA-authorized commercial operations (WV Code § 61-16-2(i)). Part 107 certification ($175 knowledge test) is the standard pathway for commercial applications including real estate photography, inspection services, surveys, and film production.
National Park Service Drone Prohibition
Drones prohibited on all National Park Service lands in West Virginia
Complete drone bans are enforced at New River Gorge National Park (approximately 7,000 acres), New River Gorge National Preserve (approximately 60,000 acres, check with park office), Gauley River National Recreation Area, Bluestone National Scenic River, and Harpers Ferry. Federal violations carry penalties up to $5,000 and 6 months imprisonment.
Controlled Airspace Authorization via LAANC
FAA Low Altitude Authorization and Notification Capability system
LAANC provides authorized recreational and commercial pilots with near real-time authorization for flights under 400 feet in controlled airspace around Charleston, Huntington, Morgantown, and other controlled airports. Authorization required before launch.
Fourth Amendment Protections on Law Enforcement Drone Use
Law enforcement drone surveillance must comply with constitutional protections
WV Code § 61-16-2(d) exempts law enforcement operating within Fourth Amendment and West Virginia Constitution requirements. Police drone surveillance is governed by ordinary constitutional search-and-seizure doctrine; warrant or other constitutional authorization is required for operations targeting specific persons or property.
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 West Virginia airports including Charleston Yeager (CRW), Huntington Tri-State (HTS), and Morgantown Municipal (MGW). LAANC authorization is required for flights under 400 feet in Class B, C, D, and surface Class E controlled airspace. LAANC service is available through multiple FAA-approved service providers with near real-time authorization.
Major Airports
CRW — Charleston Yeager Airport (Class D controlled airspace)HTS — Huntington Tri-State AirportMGW — Morgantown Municipal Airport (Class D controlled airspace)
TFR Notice
Active Temporary Flight Restrictions (TFRs) are published for sensitive facilities, special events, and emergency operations. Check B4UFLY app for current TFRs before every flight.
Recent Enforcement Actions & News
No recent enforcement actions or news on record.
Pending Legislation
HB 5421IntroducedAct to Prohibit the Purchase of Small Unmanned Aircrafts Manufactured or Assembled by a Covered Foreign Entity
Prohibits state and county government agencies from purchasing drones manufactured or assembled by covered foreign entities. Establishes definitions of covered foreign entities and provides for a drone replacement grant program to assist agencies in transitioning to domestically-produced alternatives.
Last action: February 10, 2026
HB 5552In Committee (House Judiciary)Act to Prohibit the Purchase of Small Unmanned Aircrafts Manufactured or Assembled by a Covered Foreign Entity
Similar to HB 5421 — prohibits state and county agencies from purchasing drones from covered foreign entities, provides definitions, and establishes a drone replacement grant program for transition to domestic alternatives.
Last action: February 16, 2026
HB 5225In Committee (House Judiciary)Relating to prohibiting any person to operate an unmanned aerial vehicle over a polling place on election day
Prohibits 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 security and voting locations from drone surveillance.
Last action: February 5, 2026
SB 812In Committee (Senate Judiciary)Prohibiting any person to operate unmanned aerial vehicle over polling place on election day
Senate companion to HB 5225 — prohibits drone operations over polling places or within electioneering zones on election day to protect election integrity and prevent surveillance at voting locations.
Last action: February 6, 2026
HB 2043Introduced (2025 Session)Relating to use of dog and/or drones for tracking or locating mortally wounded deer, elk, turkey, wild boar or bear
Authorizes the use of drones (in addition to leashed dogs) to track and locate mortally wounded game animals. Use limited to the hunter's own property or lease with reasonable belief that the animal is mortally wounded. Carves out an exception to the general wildlife harassment prohibition for legitimate recovery purposes.
Last action: February 12, 2025
SB 721Introduced (2025 Session)Authorizing use of unmanned aerial vehicles to track certain mortally wounded wild animals
Authorizes use of unmanned aerial vehicles to track and locate mortally wounded wild animals (deer, elk, turkey, wild boar, bear) for recovery purposes. Requires reasonable belief that the animal is mortally wounded and limits use to the hunter's own property or lease.
Last action: March 6, 2025
University & College Drone Policies
| Institution | Policy Summary | Permit Required | Contact |
|---|---|---|---|
| West Virginia University | WVU requires drone operators to obtain approval from the Office of Environmental Health & Safety before conducting any unmanned aircraft operations on or over university property. Milan Puskar Stadium operates a Temporary Flight Restriction during football games and athletic events. Restrictions: No drone flights on or over campus without prior EHS approval. Stadium TFR applies during football games and major athletic events. All flights must comply with federal FAA regulations and university safety protocols. | 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.
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