State answer first
What changes in West Virginia
You can generally fly a drone in West Virginia if you follow the FAA rules and then add the state, local, and land-manager restrictions below.
Federal FAA rules apply across West Virginia. Chapter 61, Article 16 of the state code criminalizes privacy-invading recording, surveillance, harassment, reckless operation, and interference with emergency personnel by drone, with felony tiers for armed drones and aircraft interference. No statute preempting local drone ordinances was found. Hunting law bars taking, harassing, or herding wildlife with a drone, and the Division of Natural Resources permits drones in state parks, forests, and rail trails only after registration with the area superintendent.123
- Local rules
- Check local city and park rules
- Parks and land
- Verify each launch site
- Airspace
- FAA rules still control
West Virginia drone laws at a glance
| Can I fly here? | Yes, generally. Follow the FAA rules, then add the West Virginia restrictions on this page. |
|---|---|
| Local ordinances | Check local city and park rules |
| State parks & land | Under W. Va. Code § 20-5-2, drones may be used in state parks, forests, and rail trails only after the operator registers at the area superintendent's office and specifies the location, and superintendents may restrict use to protect visitors, facilities, quiet, and wildlife. Register before you fly.3 |
| License & registration | Federal, same in every state: Part 107 or TRUST, plus registration and Remote ID when the aircraft must be registered. |
| Where to fly | Flying sites, clubs, and FRIAs in West Virginia |
| Last reviewed | September 18, 2026 · claim-level primary sources below |
State-specific rules to check
- 01
W. Va. Code § 61-16-2 makes it an offense to use an unmanned aircraft system to photograph or record a person where privacy is expected, to conduct surveillance or harass, to violate a restraining order, to operate recklessly, to interfere with law enforcement or emergency personnel, or to misuse the aircraft near targeted facilities. Most violations are misdemeanors; an armed drone or interference with aircraft is a felony with a $1,000 to $5,000 fine and one to five years.1
- 02
No statewide preemption of local drone ordinances was found in the statutes reviewed.1
- 03
W. Va. Code § 20-2-5(a)(4) and (5): it is unlawful to hunt, take, kill, wound, harass, or shoot at wild animals or birds from a drone or other unmanned aircraft, and to use one to hunt, take, wound, harass, transport, or kill wildlife or to drive or herd wildlife for hunting, trapping, or killing.2
- 04
W. Va. Code § 20-5-2 authorizes the Director to permit the use of drones within state parks, forests, and rail trails. Persons who intend to operate an unmanned aircraft system shall register at the area superintendent's office before operating and specify where the activity will take place; superintendents may restrict use to protect visitor safety and privacy, facilities, the peaceful atmosphere, and wildlife.3
Launch-day workflow
Before you fly in West Virginia
Work through these state-specific checks before the usual FAA airspace, weather, aircraft, and crew review.
- 01
Keep the camera off private moments and the aircraft away from responders
Section 61-16-2 covers recording, surveillance, harassment, reckless flight, and interference with emergency personnel.1
- 02
Check the city or county
No statewide preemption was found.1
- 03
Register with the superintendent before a park flight
State parks, forests, and rail trails allow drones only after registration at the area superintendent's office naming where you will fly; expect restrictions.3
- 04
Exclude hunting uses
Taking, harassing, herding, or transporting wildlife by drone is unlawful.2
Beyond the airspace layer
Land access and wildlife are separate decisions
Managed land
Under W. Va. Code § 20-5-2, drones may be used in state parks, forests, and rail trails only after the operator registers at the area superintendent's office and specifies the location, and superintendents may restrict use to protect visitors, facilities, quiet, and wildlife. Register before you fly.3
Compare public-land managersWildlife and hunting
W. Va. Code § 20-2-5 prohibits hunting, taking, wounding, harassing, transporting, or killing wildlife with a drone and using one to drive or herd wildlife for hunting or trapping.2
- Local preemptionCheck local city and park rules
- We could not verify a clear statewide preemption posture; assume local rules may apply and verify before flying.
- Parks and launch sitesCheck the land manager
- Under W. Va. Code § 20-5-2, drones may be used in state parks, forests, and rail trails only after the operator registers at the area superintendent's office and specifies the location, and superintendents may restrict use to protect visitors, facilities, quiet, and wildlife. Register before you fly.
Primary sources
These sources support the material state claims above. State laws, local park rules, and emergency restrictions can still change faster than a static guide.