Commercial drone operations in West Virginia require FAA Part 107 remote pilot certification under federal law, with state criminal statutes in WV Code §61-16 adding limits on weaponization, surveillance, and interference with critical operations.
Commercial pilots must hold an FAA Remote Pilot Certificate, register the aircraft, follow Part 107 operational limits including 400-foot altitude, daylight-or-twilight operations, and visual line of sight, and obtain waivers for night, beyond-line-of-sight, or over-people flights. WV Code §61-16-1 criminalizes weaponized drones, and §61-16-3 prohibits unauthorized intimate-image capture. State law also restricts drone surveillance over critical infrastructure such as chemical plants, refineries, and prisons. Cities cannot regulate flight altitude or routes, but property access agreements and trespass rules apply for takeoff and landing.
Operating without Part 107 certification draws FAA civil penalties up to $32,666; weaponized or interference offenses trigger state felony or misdemeanor prosecution.
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