Drone Laws in West Virginia: Stalking Rules, State Parks, and Critical Infrastructure (2026)

West Virginia's drone law framework is relatively new, with HB 3479 taking effect in mid-2023. The state took a broader approach than most, covering privacy, stalking, critical infrastructure, and weaponization in a single statute. The state park registration system is also unusual. Rather than banning drones outright, West Virginia requires pilots to check in with the superintendent and follow site-specific rules.

All FAA regulations apply in West Virginia as the baseline. State laws add restrictions on top of these federal requirements but cannot relax or override them.

For a full breakdown of federal costs, see our drone license cost guide. For airspace restrictions, check the drone no-fly zones guide.

West Virginia enacted HB 3479 in 2023, creating a comprehensive drone statute under WV Code Chapter 61, Article 16. The law addresses privacy, stalking, critical infrastructure, and weaponization in a single package. A separate wildlife statute and a 2025 bill on wounded game tracking round out the state-specific rules.

Drone stalking and restraining order violations

West Virginia is one of the few states with explicit drone-specific stalking language. Under Section 61-16-2(a), intentionally viewing, following, or contacting a person by drone without their permission is a misdemeanor. The statute also specifically criminalizes using a drone to violate a restraining order. Most states rely on general stalking laws that may or may not cover drone conduct. West Virginia eliminates that ambiguity.

The stalking provision carries the same penalty range as other misdemeanor drone offenses: a fine of $100 to $1,000 and/or up to one year in jail. Prosecutors do not need to prove the drone made physical contact. Persistent drone following or hovering is enough if the behavior matches the statutory definition of harassment.

Critical infrastructure protection

HB 3479 defines "targeted facilities" (critical infrastructure) and makes unauthorized drone overflight a specific misdemeanor. This goes beyond FAA temporary flight restrictions. Even when no TFR is active, flying over a facility that qualifies as critical infrastructure without authorization is illegal under state law. In the Kanawha Valley (Charleston area), this is especially relevant given the concentration of chemical plants and industrial facilities.

News gathering exception

HB 3479 includes a notable exception for news gathering organizations. Media outlets can operate drones at a minimum altitude of 400 feet AGL for news gathering purposes. This exception is unusual among state drone laws and reflects West Virginia's approach to balancing public safety with First Amendment considerations.

Wounded game tracking (2025)

HB 2043, introduced in 2025, authorizes using drones and leashed dogs to track mortally wounded deer, elk, turkey, wild boar, or bear. The use is limited to the hunter's own property or lease, and the hunter must have a reasonable belief the animal is mortally wounded. This is one of the newer pro-drone state laws, carving out a specific exception to the general wildlife harassment prohibition.

Enforcement: New River Gorge fire zone incident

In November 2023, during the Steep Valley Fire at New River Gorge National Park (1,946+ acres burned), a drone was spotted operating in the active fire zone. The unauthorized flight forced officials to establish a temporary flight restriction within a 5-mile radius and disrupted aerial firefighting operations. Even small drones pose serious risks to low-altitude firefighting aircraft. While specific citation details were not made public, the incident highlighted both federal TFR enforcement and the real-world consequences of unauthorized drone flights near emergency operations.

For more on privacy law, see our drone spying laws guide and flying over private property guide.

West Virginia's mix of national park land, national forests, and state parks creates a patchwork of rules. The state park system is more permissive than most (registration-based, not a blanket ban), but New River Gorge and wilderness areas are strictly off-limits.

State park registration process

Under WV Code 20-5-2, drone operators must register at the area superintendent's office before flying in any state park, state forest, or rail trail. The superintendent provides a map marking prohibited areas and specifies permitted operating times. Restrictions may be imposed to protect the safety and privacy of park visitors, park facilities, the peaceful atmosphere, and wildlife.

This system is more flexible than the blanket bans in states like Vermont or California. If you plan ahead and check in, you can fly in many West Virginia state parks during off-peak times and in designated areas. Operators assume full responsibility and liability for their flights.

New River Gorge: park vs. preserve

New River Gorge was redesignated from a National River to a National Park and Preserve in 2020. This created two distinct zones. The roughly 7,000 acres of national park land follow the standard NPS drone ban. The approximately 60,000 acres of national preserve may have different rules, since activities like hunting are still permitted in preserve sections. Contact the park office directly to confirm current preserve drone policies before planning a flight.

For more on airspace rules, see our guides on drone no-fly zones and where you can fly a drone.

Commercial drone operations in West Virginia require the standard FAA Part 107 certificate. The state does not impose any additional commercial licensing or permit requirements beyond federal law.

Part 107 basics

The Part 107 knowledge test costs $175, covers 60 multiple-choice questions on airspace, weather, and regulations, and is valid for 24 months before requiring a recurrent test. West Virginia has PSI testing centers in Charleston, Morgantown, Huntington, and several smaller cities. Availability is generally good with same-week scheduling possible at most locations.

State-specific considerations

While there's no state commercial license, commercial operators still need to follow the state park superintendent registration process if filming in state parks. Critical infrastructure operations may require additional authorization from the facility operator, separate from any FAA or state permits.

The news gathering exception in HB 3479 is worth noting for media-related commercial work. News organizations can operate drones at a minimum of 400 feet AGL without triggering the privacy or surveillance provisions. Other commercial operators do not have this specific exception but are governed by the general Part 107 framework.

Commercial opportunities in West Virginia

West Virginia's terrain and industries create several commercial drone niches:

• Coal mine and natural gas site inspections (critical infrastructure, requires facility authorization)
• Bridge and highway infrastructure surveys along mountainous routes
• Real estate photography, especially for mountain and riverfront properties
• Tourism marketing for New River Gorge area (flying in permitted zones outside the park)
• Agricultural monitoring in the Eastern Panhandle farming regions
• Search-and-rescue support for state and local emergency agencies
• Timber and forestry assessment in Monongahela National Forest (non-wilderness areas)

For more on getting started, see our how to start a drone business guide and drone pilot salary guide.