Virginia drone laws

• 01

  Virginia Code § 15.2-926.3 bars local regulation of privately owned UAS while allowing takeoff and landing rules for locality-owned property, subject to Department of Aviation requirements and statutory protections.1

• 02

  Virginia Code § 18.2-130.1 prohibits knowingly and intentionally using a drone to secretly or furtively peep or spy into a dwelling or occupied building where a reasonable expectation of privacy exists.2

• 03

  Virginia Code § 18.2-121.3(A), a Class 1 misdemeanor: knowingly and intentionally flying onto another's property within 50 feet of a dwelling to coerce, intimidate, or harass, or after actual notice to desist; taking off or landing in violation of current FAA Special Security Instructions or UAS Security Sensitive Airspace Restrictions; or dropping an item into, or photographing an identifiable inmate or resident of, a correctional facility or juvenile correctional center.3

• 04

  Virginia Code § 18.2-121.3(B), amended by 2025 Acts chapters 374, 381, and 622: knowingly, intentionally, and without authorization flying into the airspace over a public service or utility, critical infrastructure as defined in 42 U.S.C. § 5195c including any Defense Department military base, or a Maritime Transportation Security Act facility is a Class 4 felony. Under subsection (C), subsections (A) and (B) do not apply with consent from someone with legal authority or lawfully present, to a person authorized by federal regulations to operate a drone who is flying lawfully and consistent with those regulations, or to employees on official business.3

• 05

  Virginia Code § 18.2-121.3(D), also added in 2025 and not covered by the (C) exemptions: flying onto a contracted defense facility without authorization and obtaining or attempting to obtain images containing controlled technical information is a Class 4 felony. The facility's owner, operator, and employees are immune from criminal and civil liability for stopping or repelling a drone entering or over the property, as long as no person is injured.3

• 06

  4VAC15-20-240 prohibits using drones to hunt, take, kill, drive, herd, or harass wildlife and restricts same-day hunting after drone-assisted wildlife location or surveillance.4

• 07

  4VAC5-30-400 prohibits voluntarily landing or unlawfully operating any aircraft, including a drone or remote control model, within or upon a state park, with an exception only for rescue and evacuation aircraft. DCR's rules page states plainly that drones cannot be flown in state parks. The rule contains no permit or special-use path; do not plan a launch, landing, or flight inside a Virginia state park.56

Launch-day workflow

Before you fly in Virginia

Work through these state-specific checks before the usual FAA airspace, weather, aircraft, and crew review.

1. 01

   Check locality-owned property

   Review takeoff and landing rules for any locality-owned launch site even though Virginia broadly preempts local flight regulation.1

2. 02

   Secure state-land authorization

   Keep the flight out of state parks entirely; 4VAC5-30-400 has no permit path. For Department of Wildlife Resources property, confirm the area's rules and any written authorization before operating.564

3. 03

   Map homes and protected facilities

   Screen the route for dwellings, correctional facilities, utilities, military sites, ports, and other covered critical infrastructure.23

4. 04

   Review privacy, notice, and wildlife use

   Confirm there is no privacy-sensitive imaging, notice to desist, harassment purpose, or same-day drone-assisted hunting activity.234

Beyond the airspace layer

Land access and wildlife are separate decisions