Agencies Responsible for regulating drones in the State of West Virginia
Federal Aviation Administration
FAA Drone Website: https://www.faa.gov/uas/
UAS Laws – General rules for flying drones in West Virginia
Drone operation in the State of West Virginia is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.
In addition, the West Virginia State legislature has enacted several supplemental rules specific to West Virginia drone operations. The highlights are enumerated below.
Are drones allowed in West Virginia?
Drones are allowed in West Virginia for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.
Specific additional drone use laws by West Virginia legislature
This law disallows hunting wildlife (including birds) in West Virginia using drones and other unmanned aerial systems (UAV). That includes taking, killing, directing, trapping, and shooting.
Drone operators who want to fly in any West Virginia State Park must first seek permission from the Park Superintendent and agree to full responsibility. Approved applicants must then register with the State Park superintendent, who then provides the pilot with set rules and regulations. That typically includes maps of any prohibited areas and times permitted to fly.
HB 3005 outlines drone operations prohibited in West Virginia.
Reasonable Expectations of Privacy
This law prohibits drone operators from capturing images, video, and audio recordings knowingly and purposely of unsuspecting persons or property. That means no unauthorized surveillance through structural apertures that invades a person’s reasonable expectation of privacy rights. Nor is it legal to intentionally view, follow, or contact (stalk) persons without their permission.
The law also forbids drone pilots from knowingly and intentionally harassing people using drones and other unmanned aerial vehicles (UAV), including violating restraining orders. Operating drones in a way that disregards public safety, property, or interferes with emergency responders carries penalties of fines, imprisonment, or both.
61-14-2. Prohibited use of an unmanned aircraft system; criminal penalties.
- Except as authorized by the provisions of this article, a person may not operate an unmanned aircraft system:
- To knowingly and intentionally capture or take photographs, images, video, or audio of another person or the private property of another, without the other person’s permission, in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, capturing, or recording through a window;
- To knowingly and intentionally view, follow, or contact another person or the private property of another without the other person’s permission in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, viewing, following, or contacting through a window;
- To knowingly and intentionally harass another person;
- To violate a restraining order or similar judicial order;
- To act with a willful wanton disregard for the safety of persons or property; or
- To knowingly and intentionally operate an unmanned aircraft system in a manner that interferes with the official duties of law enforcement personnel or emergency medical personnel.
- Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail for not more than one year, or both fined and confined.
- Any person who equips an unmanned aircraft system with any deadly weapon or operates any unmanned aircraft system equipped with any deadly weapon, other than for military in an official capacity, is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.
- Any person who operates an unmanned aircraft system with the intent to cause damage to or disrupt in any way the flight of a manned aircraft is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 imprisoned for not less than one nor more than five years, or both fined and imprisoned.
- A person that is authorized by the Federal Aviation Administration to operate unmanned aircraft systems for commercial purposes may operate an unmanned aircraft system in this state for such purposes if the unmanned aircraft system is operated in a manner consistent with federal law.
Specific additional UAV laws by local governments within West Virginia
No specific laws were found during our search. We recommend checking state regulators for the latest regulations.
UAS operation rules in Parks, Recreation and Cultural Preserves
No specific laws regarding parks and preserves were found during our search. We recommend checking with local park regulators for the latest regulations.
Specific additional UAV laws laws in Jurisdictions within West Virginia
Counties or towns within West Virginia may have specific restrictions within their jurisdictions. We recommend checking the local jurisdiction for the latest regulations.
What you must know about West Virginia No Fly Zones or No Drone Zones
You need to know if you can operate your drone, under what limitations, whether authorizations are required, and how to get those authorizations.
We encourage you to read our explainer for more details on this topic here: Explainer – What You Must Know About No Fly Zones or No Drone Zones
How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in West Virginia?
The FAA has partnered with Aloft to develop the B4UFLY mobile app, which can tell you if there are any airspace restrictions where you want to fly.
If you are looking for a drone no fly zone map then B4UFLY is a good place to start.
The app provides situational awareness to recreational flyers and other drone users. However, it does not allow users to obtain airspace authorizations to fly in controlled airspace, only available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).
The B4UFLY app is available to download for free:
B4UFLY at the App Store for iOS: https://apps.apple.com/us/app/b4ufly-drone-airspace-safety/id992427109
B4UFLY at the Google Play store for Android: https://play.google.com/store/apps/details?id=gov.faa.b4ufly2&hl=en_US&gl=US
B4UFLY is also available as a desktop version for preflight planning and research. https://b4ufly.aloft.ai/ (“B4UFLY App | Federal Aviation Administration”)
How do I get authorization to fly in controlled airspace in West Virginia?
Low Altitude Authorization and Notification Capability (LAANC), which is run by the FAA, is the only way to get permission to fly in controlled airspace.
LAANC is available to pilots operating under the Small UAS Rule Part 107 or under the exception for Recreational Flyers.
You can get access through one of the FAA Approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.
There are two ways to use LAANC:
- Submit a near real-time authorization request for operations under 400 feet in controlled airspace around airports (available to Part 107 Pilots and Recreational Flyers).
- Submit a “further coordination request” if you need to fly above the designated altitude ceiling in a UASFacility Map, up to 400 feet.
- You can apply up to 90 days before a flight, and the approval is coordinated manually through the FAA (available to Part 107 pilots only).
LAANC is available at 726 airports. If you want to fly in controlled airspace near airports not offering LAANC, you can use the manual process to apply for authorization.
Notes for recreational drone pilots flying for fun in West Virginia
If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.
In West Virginia, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.
Following these rules will keep you and your drone safe and help keep the airspace available to everyone.
The law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA personnel. The Recreational UAS Safety Test (TRUST) was developed to meet this requirement.
TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly.
Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA‘s Drone Zone.
For a complete discussion on drone registration, see our Drone Registration Explainer.
To fly your drone as a recreational flyer, it’s as easy as 1-2-3
- Understand recreational flying requirements
- Note: Non-recreational drone flying includes things like taking photos to help sell a property or service, doing roof inspections, or taking pictures of a high school football game for the school’s website. Goodwill can also be considered non-recreational. This would include volunteering to use your drone to survey coastlines on behalf of a non-profit organization. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
- Visit the Recreational Flyers page to learn about the rules for recreational flyers.
- Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
- Take TRUST
- You may take the free online test through any of the FAA-approved test administrators.
- All FAA-approved TRUST test administrators offer the test free.
- All test questions are correctable to 100% prior to issuing your completion certificate.
- After completing TRUST, you’ll need to download, save or print your completion certificate.
- If you lose your certificate, you will need to retake TRUST.
- View a list of TRUST Test Administrators
- Receive your certificate
- After you pass the test, you will receive a certificate from the test administrator you selected.
- Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.
General Rules for Recreational Flyers
The Exception for Limited Recreational Operations of Unmanned Aircraft (USC 44809) is the law that describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:
- Fly only for recreational purposes (personal enjoyment).
- Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO).
For more information on how to become an FAA-recognized CBO, read Advisory Circular 91-57C. - Keep your drone within the visual line of sight, or use a visual observer who is co-located (physically next to) and in direct communication with you.
- Give way to and do not interfere with other aircraft.
- Fly at or below FAA-authorized altitudes in controlled airspace (Class B, C, D, and surface Class E designated for an airport) only with prior FAA authorization by using LAANC or DroneZone.
- Fly at or below 400 feet in Class G (uncontrolled) airspace.
Note: Flying drones in restricted airspace is not allowed. Drone pilots should always check for airspace restrictions prior to flight on our B4UFLY app or the UAS Facility Maps webpage. - Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
- Have a current FAA registration, mark (PDF) your drones on the outside with the registration number, and carry proof of registration when flying.
Note: Beginning September 16, 2023, if your drone requires an FAA registration number, it will also be required to broadcast Remote ID information. - Do not operate your drone in a manner that endangers the safety of the national airspace system.
Recreational drone pilots should know that if they violate these safety requirements and/or operate their drone flight carelessly or recklessly, they could be liable for criminal and/or civil penalties.
You do not need a drone license if your drone use is recreational and falls within the scope of 44809. However, to fly your drone commercially or under the FAA’s Small UAS Rule (Part 107), you must first obtain a Remote Pilot Certificate (RPC), also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.
For more details on drone licensing, please see our Drone License Explainer.
Notes for operating Commercial Drone Services in West Virginia
If you have a small unmanned aircraft that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.
Commercial drone operations in West Virginia are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.
For a complete review of the FAA Part 107 regulation please see our comprehensive FAA 107 Explainer.
Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.
If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. To fly under Part 107 rules, there are three main steps.
Step 1: Learn the Rules
Ensure you understand what is and is not allowed under Part 107 rules.
If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.
Some operations will require a waiver. Here are the regulations specified in §107.205 that are subject to waiver:
- Operation from a moving vehicle or aircraft – §107.25
- Operation at Night – §107.29(a)(2) and (b)
- Visual line of sight aircraft operation – §107.31
- Visual observer – §107.33
- Operation of multiple small unmanned aircraft systems – §107.35
- Yielding the right of way – §107.37(a)
- Operation over human beings – §107.39
- Operation in certain airspace – §107.41
- Operating limitations for small unmanned aircraft – §107.51
- Operations Over Moving Vehicles – §107.145
Learn more about Part 107 Waivers.
Drone operators should avoid flying near airports because it is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft and are responsible for any safety hazard their drone creates in an airport environment.
Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test
For more details on drone licensing, please see our Drone License Explainer.
To be eligible to get your Remote Pilot Certificate, you must be:
- At least 16 years old
- Able to read, write, speak, and understand English
- Be in a physical and mental condition to safely fly a UAS
Study for the Knowledge Test
- Review Knowledge Test Suggested Study Materials provided by the FAA.
Obtain an FAA Tracking Number (FTN)
- Create an Integrated Airman Certification and Rating Application (IACRA) profile before registering for the knowledge test.
Schedule an Appointment
- Take the Knowledge Test at an FAA-approved Knowledge Testing Center.
Complete FAA Form 8710-13
- Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application system (IACRA)* to complete FAA form 8710-13.
- Review the entire process to get your Remote Pilot Certificate.
Step 3: Register your Drone with the FAA
For a complete discussion on drone registration, see our Drone Registration Explainer.
Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy in order to register. Learn more about registering your drone.
- Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
- Once you’ve registered, mark your drone (PDF) with your registration number in case it gets lost or stolen.
Commercial rules in Parks, Recreation and Cultural reserves
We suggest you contact the local parks agencies and check for specific permissions required.
Useful published information on flying drones in West Virginia
We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to West Virginia Drone Users also. Please visit the site for additional information: Know Before You Fly
Association for Unmanned Vehicle Systems International – Mostly for commercial drone service providers and users.
Academy of Model Aeronautics – Mostly for hobbyists
NOTE: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.
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Traveling with a Drone?
Click here to read our Comprehensive Guide For Traveling With A Drone.
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