West Virginia Statewide Rule
West Virginia Commercial Drone Operations Under Part 107
Key Facts
- Federal certification
- FAA Part 107
- Altitude ceiling
- 400 feet AGL
- State statute
- W. Va. Code §61-16-2
- Weaponized drones
- Felony under §61-16-2
- Local airspace authority
- None - federal preempts
Summary
Commercial drone operations in West Virginia require FAA Part 107 remote pilot certification, with state criminal limits in W. Va. Code §61-16-2 covering weaponization, privacy-invading surveillance, critical-infrastructure snooping, and interference with first responders.
A person that is authorized by the Federal Aviation Administration to operate unmanned aerial vehicles for commercial purposes may operate an unmanned aerial vehicle in this state for such purposes if the unmanned aerial vehicle is operated in a manner consistent with federal law.
Full Breakdown
Commercial pilots must hold an FAA Remote Pilot Certificate, register the aircraft, and follow Part 107 limits including a 400-foot ceiling, daylight or twilight operation, and visual line of sight, with waivers for night, beyond-line-of-sight, or over-people flights. W. Va. Code §61-16-2 makes it a felony to operate a drone armed with a deadly weapon and a misdemeanor to use one to capture images of a person or private property without permission, to surveil critical infrastructure with intent to cause harm, or to interfere with police or emergency responders. Cities cannot regulate flight altitude or routes, but trespass rules apply to takeoff and landing.
Violations & Penalties
Operating without Part 107 certification draws FAA civil penalties up to $32,666; weaponized or interference offenses trigger state felony or misdemeanor prosecution.
Frequently Asked Questions
Can I fly a commercial drone over private property in WV?
Do West Virginia cities issue drone business permits?
Sources
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