West Virginia has no state drone license. Recreational pilots need the free FAA TRUST certificate and commercial pilots need a Part 107 certificate, plus FAA registration for drones of 250 g or more. West Virginia's drone law makes it a crime to use a drone to invade privacy, harass people or interfere with emergency crews. Unlike many states, it allows recreational drones in state parks, forests and rail trails after you register with the area superintendent.
Do you need a drone license in WV?
Not from the state. FAA rules apply:
- Recreational: pass the free TRUST test. Register with the FAA ($5, 3 years) if your drone weighs 250 g or more.
- Commercial: a Part 107 Remote Pilot Certificate and a registered drone. The state law expressly lets FAA-authorized commercial operators fly for those purposes.
- Airspace: Charleston (Yeager), Huntington, Morgantown and other airports have controlled airspace. Use LAANC and stay at or below 400 ft.
West Virginia state drone laws (W. Va. Code 61-16-1 and 61-16-2)
It's a misdemeanor to use a drone to:
- Knowingly capture photos, video or audio of a person or their private property without permission in a way that invades their reasonable expectation of privacy, including through a window.
- View, follow or contact a person the same way, or harass someone.
- Violate a restraining order.
- Fly with willful, wanton disregard for people's safety or property.
- Interfere with law enforcement or emergency medical personnel.
It's also illegal to fly over critical infrastructure, such as fenced refineries, power plants, water plants, chemical plants, pipelines and dams, to drop objects, conduct hostile surveillance or steal protected information. Weaponized drones and interfering with manned aircraft are felonies.
Exceptions: you can fly over and record your own property or property you hold by lease or easement, and FAA-authorized commercial operators may fly within federal rules.
Hunting (W. Va. Code 20-2-5): you can't hunt, harass or shoot at wildlife from a drone, or use a drone to drive or herd game.
Where you can fly in West Virginia
- State parks, forests and rail trails: recreational drones are allowed. Register at the superintendent's office first, get the map of prohibited areas, and follow any local restrictions.
- National park units: banned at New River Gorge National Park and Preserve, Harpers Ferry and other NPS sites.
- Monongahela National Forest: generally allowed outside wilderness areas and TFRs. Dolly Sods and other wilderness areas are off-limits for launching.
- Universities: West Virginia University requires approval to fly on or over its property.
Before you fly in West Virginia
- Check airspace and TFRs in B4UFLY or Aloft.
- Register at the park office before flying in a state park.
- Don't film people or homes without permission.
- Carry your TRUST certificate or Part 107 card.
Mountain terrain blocks signal and wind funnels through valleys, so keep the drone in sight. A sub-250 g drone like the DJI Mini 5 Pro or Mini 4 Pro needs no recreational registration. Read the code at the West Virginia Legislature, and see drone laws by state.
Rules current as of October 2026. This is general information, not legal advice.
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