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West Virginia Statewide Rule

West Virginia Recreational Drone Rules and FAA Preemption

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Federal rule
FAA recreational rules / TRUST
State statute
W. Va. Code §61-16-2
Weaponized drone
Felony under §61-16-2
Privacy / first responders
Misdemeanor under §61-16-2
Altitude limit
400 feet AGL
Last verified: August 21, 2026Source: West Virginia Legislature

Summary

Recreational drone flight in West Virginia is governed primarily by FAA rules for recreational flyers, with state criminal limits in W. Va. Code §61-16-2 covering weaponized drones, privacy-invading surveillance, and interference with first responders.

(a) Except as authorized by the provisions of this article, it is unlawful for any person to operate an unmanned aerial vehicle: (1) To knowingly and intentionally capture or take photographs, images, video, or audio of another person or the private property of another, without the other person's permission, in a manner that would invade the individual's reasonable expectation of privacy, including, but not limited to, capturing, or recording through a window; (2) To knowingly and intentionally view, follow, or contact another person or the private property of another without the other person's permission in a manner that would invade the individual's reasonable expectation of privacy, including, but not limited to, viewing, following, or contacting through a window; (3) To knowingly and intentionally harass another person;

Source: West Virginia LegislatureView official code

Full Breakdown

Federal law preempts most local regulation of airspace and flight, requiring recreational flyers to register with the FAA, pass the TRUST exam, fly under 400 feet, keep the drone in visual line of sight, and avoid restricted airspace. W. Va. Code §61-16-2 makes it a felony to equip or operate a drone armed with a deadly weapon, and a misdemeanor to use a drone to capture images of a person or private property without permission, to harass another person, or to interfere with the duties of law-enforcement or emergency-medical personnel. Local parks may restrict launch and landing sites 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.

Sources

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