West Virginia Recreational Drones (2026)

Key Facts

Federal rule: FAA Part 107 / TRUST
Weaponized drone: Felony §61-16-1
Voyeurism: Misdemeanor §61-16-3
Altitude limit: 400 feet AGL
First responder rule: No interference

Full Breakdown

Federal law preempts most local drone regulation of airspace and flight operations, requiring recreational flyers to register with the FAA, complete the TRUST exam, fly under 400 feet, keep the drone in visual line of sight, and avoid restricted airspace. WV Code §61-16-1 criminalizes equipping drones with weapons or explosives as a felony. Section §61-16-3 prohibits using drones to capture intimate images without consent. Operating drones to interfere with police, fire, or EMS is a misdemeanor. Local parks may restrict launch and landing locations but cannot regulate flight itself.

Violations & Penalties

Weaponized drone offenses are felonies up to 5 years imprisonment; voyeurism and first-responder interference are misdemeanors with fines and possible jail time.

Frequently Asked Questions

Can my city regulate recreational drone flights?

Local governments may restrict takeoff and landing in parks but cannot regulate the airspace itself, which is exclusively governed by the FAA under federal preemption.

Do I need to register a recreational drone in West Virginia?

Drones over 0.55 pounds must be registered with the FAA, and recreational flyers must complete the FAA TRUST exam and follow community-based safety guidelines.

West Virginia Recreational Drone Rules and FAA Preemption