Drone Regulations in West Virginia (2025 Guide)

West Virginia has no single state drone law. FAA Part 107 governs commercial operators, federal recreational rules cover hobbyists, and a few WV statutes restrict surveillance and hunting uses. No state-level registration fee or operator license exists as of 2025.

Quick Answer: What Drone Rules Apply in West Virginia?

West Virginia does not have a comprehensive state drone code. Instead, operators must navigate a layered system: federal FAA rules form the foundation, a few targeted WV statutes restrict specific uses, and local ordinances may add requirements.

The rules that apply depend on your operation:

You are a commercial operator. FAA Part 107 (14 CFR Part 107) is your primary framework. You need a Remote Pilot Certificate, FAA aircraft registration, airspace authorization where required, and Remote ID compliance. West Virginia adds no state license on top of that.

You are a recreational flyer. You must register your drone if it weighs more than 0.55 lbs (14 CFR Part 48), pass the FAA Recreational UAS Safety Test (TRUST), fly within community-based safety guidelines, and get airspace authorization via LAANC or FAA DroneZone before entering controlled airspace.

You are hunting or scouting game. Drones are prohibited for locating or herding game animals under WV hunting regulations. A 2025 bill (HB 2510) would have created a narrow exception for thermal-imaging drones used in post-harvest big game recovery, but it was referred to House Government Organization and did not advance.

You are a government agency or contractor procuring drones. No domestic-manufacture requirement is currently law in West Virginia, but three consecutive legislative sessions (2024, 2025, 2026) have introduced bills requiring state and county personnel to use US-manufactured drones.

You want to fly in a state park or forest. Contact the WV Division of Natural Resources (WVDNR) directly. Sensitive areas may require a permit or prohibit drone use entirely.

You are in a city. Charleston, Huntington, Morgantown, and other municipalities may have local ordinances. Consult the relevant city or county government before flying over public property or permitted events.

Federal FAA Requirements That Apply in West Virginia

All drone operations in West Virginia are subject to federal FAA requirements.

Aircraft Registration

Any drone weighing more than 0.55 lbs must be registered with the FAA (14 CFR Part 48). The fee is $5 per drone. Registration is completed online at FAA DroneZone (faadronezone.faa.gov), and the certificate is valid for three years. Recreational flyers mark their registration number on the aircraft. Part 107 operators register under their business or personal name and label each aircraft.

Part 107 Remote Pilot Certificate

Any flight conducted for business purposes, compensation, or in furtherance of a business requires a Remote Pilot Certificate under 14 CFR Part 107. You pass a knowledge test at an FAA-approved testing center. Pay the testing center's fee (typically around $175, though third-party fees vary) and then apply through IACRA. The FAA typically issues the certificate within six to eight weeks of passing. Recurrent knowledge testing is required every 24 months.

Recreational Flyer Requirements

Recreational operators must pass the TRUST (FAA Recreational UAS Safety Test), fly within the safety guidelines of an FAA-recognized community-based organization, register aircraft over 0.55 lbs, and carry proof of TRUST completion when flying.

Altitude and Airspace

The standard ceiling is 400 feet above ground level (AGL) in uncontrolled airspace (14 CFR Part 107.51). Flights in controlled airspace around West Virginia airports require prior authorization. West Virginia has several airports with associated controlled airspace where LAANC or FAA DroneZone authorization is required, including Charleston Yeager Airport, Huntington Tri-State Airport, and Morgantown Municipal Airport. Check the B4UFLY app or FAA's UAS Data Delivery System for current airspace boundaries before every flight. Consult the FAA for the current list of LAANC-enabled facilities in West Virginia.

Waivers for Non-Standard Operations

Night flying, flights over moving vehicles or people, and beyond visual line of sight (BVLOS) operations all require FAA waivers under 14 CFR Part 107. Waiver processing times range from 90 days to six months or more, depending on complexity. Apply through FAA DroneZone well in advance.

Remote ID

Drones manufactured after September 2023 must comply with the FAA Remote ID rule. If you are operating an older drone without built-in Remote ID, you must either add a Remote ID broadcast module or fly within an FAA-recognized identification area (FRIA). Consult the FAA's Remote ID rule (codified at 14 CFR Part 89) for current compliance requirements.

West Virginia State Laws Governing Drone Use

Privacy and Surveillance

West Virginia Code §61-6-26 addresses the use of drones for surveillance. Operators should consult this statute directly or contact the WV Attorney General's office for the current text. Confirm the scope of the prohibition, including consent requirements and exceptions, against the current enrolled version of the code. Using a drone to surveil individuals on private property without consent creates legal exposure under this provision.

Law Enforcement Warrant Requirements

Confirm whether West Virginia has enacted a specific statutory warrant requirement for law enforcement drone surveillance, beyond what the Fourth Amendment and WV Constitution Art. III §6 already require. Check with the WV Attorney General's office or review current WV Code. As of the source material available, no enacted statute specifically codifying a drone warrant requirement was confirmed. Law enforcement agencies should treat drone surveillance of individuals as subject to constitutional warrant requirements.

Hunting and Wildlife

Drones are prohibited for locating, scouting, or herding game animals under WV hunting regulations. This prohibition is enforced by WVDNR Law Enforcement. Violations are subject to hunting law penalties, which can include license revocation and fines. Consult the current WV Division of Natural Resources hunting regulations for the specific regulatory citation.

HB 2510 (2025) would have created a narrow exception allowing thermal-imaging drones for recovery of big game already harvested. It was referred to House Government Organization and did not advance. Until such a bill is signed into law, the existing prohibition covers all drone use in hunting contexts, including post-harvest recovery.

State Parks and Public Lands

WVDNR regulates drone use in state parks and state forests. Many sensitive areas restrict or prohibit drone operations, and some require advance permits. Consult the WVDNR directly for current rules and any applicable permit requirements.

Trespass and Low-Altitude Overflights

West Virginia trespass law and the privacy statute at WV Code §61-6-26 together create risk for operators who fly low over private property without permission, particularly in ways that could constitute harassment or surveillance. No bright-line altitude below which overflight automatically constitutes trespass exists in WV statute. However, low-altitude flights over private property can generate complaints and potential liability.

What Changed Recently: 2024–2025 Legislative Activity

Domestic Manufacture Bills (Government Drone Procurement)

Three consecutive legislative sessions have introduced bills requiring drones used by WV state and county government personnel to be manufactured in the United States:

HB 5072 (2024): Referred to House Finance. Did not advance out of committee (openstates.org/wv/bills/2024/HB5072/).

HB 3299 (2025): Referred to House Judiciary. Did not advance to enactment (openstates.org/wv/bills/2025/HB3299/).

HB 5552 (2026): Referred to House Judiciary as of March 17, 2026. Not yet enacted (openstates.org/wv/bills/2026/HB5552/).

None of these bills became law. The pattern of reintroduction signals a recurring legislative priority. Government agencies and contractors supplying drones to WV state or county entities should monitor this issue. The bills mirror federal restrictions that limit Department of Defense procurement of drones from certain foreign manufacturers.

Big Game Recovery Exception (HB 2510, 2025)

HB 2510 (2025) would allow thermal-imaging drones for recovery of big game already harvested. It was referred to House Government Organization and did not advance to enactment (openstates.org/wv/bills/2025/HB2510/). Hunters should not treat this proposed exception as current law. The existing prohibition remains in effect.

What to Watch in 2026

Monitor legis.wv.gov for reintroduction of both the domestic-manufacture requirement and the big game recovery exception in the 2026 session. Both have demonstrated sponsor interest across multiple sessions.

Permit Requirements and Fees: Federal vs. State Comparison

No state-level operator license or registration fee exists in West Virginia as of 2025.

For WVDNR permit fees and processing times, contact the agency directly. The source material does not confirm a published fee schedule for UAS permits in state parks.

Special Use Cases: Hunting, Real Estate, Construction, and Public Safety

Hunting and Wildlife Recovery

Drones are prohibited for locating, scouting, or herding game in West Virginia. This covers pre-hunt scouting, real-time game location, and any use of a drone to give a hunter an advantage. Consult the current WVDNR hunting regulations for specific language.

Post-harvest thermal imaging for big game recovery is not yet legal. HB 2510 (2025) proposed this exception, but it did not advance. Using a drone with thermal imaging to locate a downed animal remains prohibited.

Real Estate and Photography

Part 107 is required for any commercial photography or real estate work. West Virginia adds no additional state permit. Operators should avoid flight paths that constitute low-altitude surveillance of individuals on adjacent private property, which creates exposure under WV Code §61-6-26.

Construction and Infrastructure Inspection

Part 107 applies. West Virginia has extensive energy infrastructure, making linear infrastructure inspection a common use case. BVLOS operations along pipeline or power line corridors require an FAA Part 107 waiver. Apply early, as these waivers require a detailed safety case and can take several months to process.

News Media

No WV press exemption from FAA rules exists. Part 107 applies to all commercial news gathering. Privacy statute considerations under WV Code §61-6-26 apply when filming identifiable individuals, particularly in private settings. Newsworthiness is not a statutory defense to the surveillance prohibition.

Public Safety and Law Enforcement

Law enforcement agencies deploying drones for surveillance should treat operations as subject to warrant requirements under the Fourth Amendment and WV Constitution Art. III §6. Agencies considering drone procurement should monitor HB 5552 (2026) and similar legislation.

Agriculture

Part 107 applies to all commercial agricultural drone operations. For pesticide application by drone, consult the WV Department of Agriculture directly to confirm specific licensing requirements. The source material does not confirm WV-specific UAS pesticide rules; this is a critical compliance point to verify before beginning operations.

Next Steps: Who to Contact and How to Stay Compliant

Step 1: Register your drone. Go to faadronezone.faa.gov. If your drone weighs more than 0.55 lbs, register it before the first flight.

Step 2: Get your Part 107 certificate if flying commercially. Find an FAA-approved knowledge testing center in West Virginia. Search the current list at faa.gov or through PSI Exams, the FAA's testing vendor. Confirm current test fees directly with the testing center.

Step 3: Check airspace before every flight. Use the B4UFLY app or the FAA's UAS Data Delivery System. Pay particular attention to Class D airspace around Charleston Yeager, Huntington Tri-State, and Morgantown Municipal airports. If you need authorization, use LAANC through a provider app or apply through FAA DroneZone for non-LAANC airspace.

Step 4: Get WVDNR permission before flying in state parks or forests. Contact WVDNR headquarters for current permit requirements and any applicable fees. Do not assume a state park is open to drone flight without checking.

Step 5: Monitor the 2026 legislative session if you are a government contractor. Track HB 5552 and any successor bills at legis.wv.gov.

Step 6: Hunting-related drone questions go to WVDNR Law Enforcement. Contact the WVDNR Law Enforcement Division for current enforcement policy on drone use during hunting seasons.

Step 7: Check with your municipality before flying over city property or events. Charleston, Huntington, Morgantown, and other WV cities may have local ordinances or permitting requirements. Contact the city clerk or relevant parks department before the flight.

Key Contacts