Overview
West Virginia follows federal FAA Part 107 regulations for commercial and recreational drone operations. Private property trespass and harassment laws apply.
Key State Laws & Restrictions
The following laws and regulations apply to drone operations in West Virginia. Federal FAA rules apply in addition to all state requirements listed below.
- 14 CFR 107: Maximum altitude 400 feet AGL (above ground level)
- 14 CFR 107.19: Remote Pilot must maintain visual line of sight (VLOS) at all times
- 14 CFR 107.21: Remote Pilot must not fly in a manner that interferes with manned aircraft
- 14 CFR 107.39: No flight over moving vehicles or people
- Private property trespass laws apply — unauthorized flight over private land is illegal
- Check B4UFLY and LAANC for airspace restrictions before every flight
- Recreational drones: No commercial purpose; must register with FAA
- West Virginia Code § 61-3-30: Trespass
- West Virginia Code § 61-2-9a: Stalking
- West Virginia Department of Natural Resources: Wildlife protection
- Charleston Regional: Class B airspace coordination
- West Virginia Department of Education: School airspace protection
- West Virginia Department of Health: Hospital airspace protection
- West Virginia Public Service Commission: Utility infrastructure protection
- New River Gorge National Park: Federal airspace restrictions
- W. Va. Code §§ 61-16-1 to 61-16-2: Use of Unmanned Aircraft Systems — Creates a dedicated article governing prohibited uses of unmanned aerial vehicles, including interference with law enforcement or emergency personnel and conduct over targeted facilities.
State-Enacted Drone Statutes
The following statutes expressly reference drones, unmanned aircraft systems (UAS), UAVs, or unpiloted aircraft and have been enacted into law in West Virginia.
Creates a dedicated article governing prohibited uses of unmanned aerial vehicles, including interference with law enforcement or emergency personnel and conduct over targeted facilities.
View StatutePermits & Licensing
Commercial: Remote Pilot Certificate (Part 107) required. Recreational: Register at faadronezone.faa.gov and pass TRUST test.
Recreational Flying in West Virginia
Recreational drone pilots in West Virginia must comply with federal Community Based Organization (CBO) safety guidelines and:
- Register their drone with the FAA (if 0.55 lbs or heavier)
- Pass the TRUST test (free, online at trust.faa.gov)
- Fly only within approved airspace — use B4UFLY to check before each flight
- Maintain visual line of sight at all times
- Fly below 400 ft AGL in uncontrolled airspace
- Never fly over people, moving vehicles, or emergency response scenes
- Respect all state and local privacy and trespass laws
Commercial Operations (Part 107) in West Virginia
Commercial drone operations in West Virginia require an FAA Remote Pilot Certificate under 14 CFR Part 107. Key requirements:
- Pass the FAA Part 107 Aeronautical Knowledge Test at an FAA-approved testing center
- Register all drones used for commercial purposes with the FAA
- Carry proof of Remote Pilot Certificate during all flights
- Request LAANC authorization for controlled airspace operations
- Comply with all state-specific statutes listed above
- Obtain any required local permits for filming, events, or public land use
- Secure appropriate liability insurance for commercial operations
Airspace & Restricted Areas
Beyond state-specific restrictions, drone pilots in West Virginia must respect federal airspace designations:
- Class B/C/D airspace — Surrounds major and regional airports. LAANC authorization required.
- Temporary Flight Restrictions (TFRs) — Check tfr.faa.gov before every flight.
- National Parks & Monuments — Generally prohibited without NPS permit (NPS UAS policy).
- Military installations — No drone flight without DoD authorization.
- Stadiums & sporting events — Prohibited within 3 nautical miles during game time.
- Wildfire TFRs — Immediately prohibited if a TFR is issued.
Use the B4UFLY app and LAANC system to verify airspace before every flight.