Yes, flying drones over private property in West Virginia is permissible under federal and state law, but strict compliance with FAA regulations and local nuisance statutes is required. Property owners retain rights under West Virginia’s common law of trespass and nuisance, creating potential liability if flights interfere with reasonable use of land. The West Virginia Aeronautics Commission (WVAC) enforces state-specific drone policies, while local ordinances—such as those in Morgantown or Charleston—may impose additional restrictions near sensitive areas.
Key Regulations for Flying Drones Over Private Property in West Virginia
-
FAA Part 107 Compliance: All commercial drone operations require FAA Part 107 certification, including altitude limits (400 feet AGL), line-of-sight rules, and no-fly zones near airports (e.g., Yeager Airport in Charleston). Recreational flyers must follow the FAA’s Recreational UAS Safety Test (TRUST) and adhere to community-based guidelines.
-
West Virginia Trespass and Nuisance Laws: Under W. Va. Code § 61-3B-3, drones flying at low altitudes (below 500 feet) over private property without consent may constitute trespass if they disrupt land use. Property owners can seek injunctive relief or damages under W. Va. Code § 55-11A-1 for invasions of privacy or harassment.
-
Local Ordinances and 2026 Compliance Shifts: Municipalities like Huntington and Parkersburg have enacted drone-specific ordinances, including mandatory permits for flights over public parks. The WVAC’s 2026 draft rules propose mandatory geofencing near schools and critical infrastructure, with penalties up to $1,000 for violations.