Drone Laws in West Virginia Explained (2023 Regulations)

Welcome to an in-depth exploration of the drone laws in West Virginia, where we soar into the regulatory skies governing unmanned aircraft systems (UAS).

Responsible and lawful flying hinges on understanding and complying with the intricate web of federal, state, and local laws. Whether you’re a hobbyist capturing stunning aerial footage or a professional pilot utilizing drones for diverse applications, familiarity with West Virginia’s specific regulations is essential.

Can You Fly a Drone in West Virginia?

Yes, you can fly a drone in West Virginia for both recreational and commercial use. However, all operators must follow federal, state, and local drone laws. 

Federal Drone Laws in West Virginia

Drone pilots in West Virginia must follow federal regulations set by the FAA, including Part 107 rules for agency pilots and recreational drone registration requirements. 

Commercial Drone Use 

Commercial drone operators fly a drone for business activities. To fly a drone commercially in West Virginia, you must. 

• Obtain a Remote Pilot Certificate from the FAA
• Register the drone with the FAA

Recreational Drone Flying

Hobbyist drone operators fly a drone for fun or pleasure. To fly a drone as a hobbyist in West Virginia, you must:

• Pass The Recreational UAS Safety Test (TRUST)
• Follow CBO safety guidelines for drone operation, including flying under 400 feet
• Do not fly in restricted areas, including near airports or prisons

Government Employee Drone Operation

All government employees in West Virginia, including the fire department or police, must adhere to the FAA’s Part 107 rule or obtain a federal Certificate of Authorization (COA). 

Note: This content is accurate up to the date it was last updated, and drone regulations in West Virginia can change over time. This is not meant to take the place of legal counsel.

State Drone Laws in West Virginia

The West Virginia Legislature created state drone laws that apply to the entire state, in addition to the federal ones. Outlined by the legislature and West Virginia Department of Transportation, state drone laws include:

• HB 2515 // 2015 bans hunting with a UAS in West Virginia. 
• HB 4607 //2018 states that drone operators must get permission to fly in West Virginia State Park.
  • The Superintendent grants permission
  • The operator must also register with the superintendent 
• HB 3005 // 2018 defines prohibited drone use in West Virginia including
  • Intentionally capturing images, video, or audio or someone or their private property without permission 
  • Following, viewing, or contacting another person in a way that violates their expectation of privacy
  • Operating a drone in a way that disregard’s others’ safety or property. 

Local Drone Laws in West Virginia

In addition to state drone laws, some jurisdictions within West Virginia may have local drone laws. Local drone laws apply to specific regions, counties, or cities within a state. We did not uncover any specific local drone laws in West Virginia. Always check with your local municipality before taking a flight. 

Penalties for Violating Drone Laws in West Virginia

Violating drone laws in West Virginia may lead to serious consequences. Examples of the penalties include:

• Violating the rules outlined in HB 3005 // 2018  is a misdemeanor.
  • It’s punishable by a fine of between $100 and $1000 and/or one year in jail. 
• Adding a deadly weapon to a UAS or operating a UAS with a deadly weapon is a felony.
  • The penalty is a fine between $1000 and $5000 and/or between one and five years in jail. 
• Operating a UAS to intentionally damage or disrupt is a felony
  • Punishable by a fine of between $1000 and $5000 and/or between one and five years in jail. 

FAQs About Drone Laws in West Virginia