Part 107 in Virginia: Cities Cannot Ban Drones
Virginia bars localities from regulating private drone use, except takeoff and landing on their own land. What still applies: peeping and protective-order laws.
In Virginia, the state, not your city or county, decides the local drone rules. Code of Virginia §15.2-926.3 says no political subdivision may regulate the use of a privately owned drone within its boundaries. The one exception is takeoff and landing on property the locality owns, under rules set by the state Department of Aviation. Statewide criminal laws on peeping and stalking with a drone still apply everywhere.
What can a Virginia locality regulate?
§15.2-926.3 sets the boundary:
| Locality may | Locality may not |
|---|---|
| Regulate takeoff and landing on property it owns, by ordinance, following Department of Aviation rules | Regulate the use of privately owned drones within its boundaries |
| Keep its normal rules about who may enter its land | Treat owning a drone as a reason to allow entry to its land |
The section also says it does not prohibit takeoff or landing by a commercial operator in compliance with FAA regulations, or as needed for emergency or maintenance support functions. Localities must report their takeoff and landing ordinances to the Department of Aviation, which publishes a summary each year.
In Virginia, check the Department of Aviation's summary of local takeoff and landing rules, not each town's code, before a job on public land.
Which state crimes apply to drones?
- Peeping into a dwelling. §18.2-130.1(B) makes it a Class 1 misdemeanor to knowingly and intentionally use a drone to secretly peep or spy into a window, door or other opening of a dwelling, without just cause, where it violates the occupant's reasonable expectation of privacy.
- Protective orders and registered offenders. §18.2-324.2 makes it a Class 1 misdemeanor for the respondent of a protective order to use a drone to follow, contact or photograph the petitioner, and restricts drone use by people required to register under §9.1-901.
What federal rules matter most in Virginia?
Northern Virginia sits inside the Washington, DC Special Flight Rules Area, where drones are prohibited within 15 miles of Reagan National without specific FAA and TSA authorization. The DC airspace post covers both rings. Elsewhere, Norfolk and Richmond have Class C airspace, so metro work often needs authorization under §107.41 through LAANC.
A worked example
A county parks department asks you to film a trail opening. The county owns the park, so it may have a takeoff and landing ordinance; check the Department of Aviation's published summary and get permission to launch there. If the park is in Fairfax County, measure its distance from Reagan National first, because the inner ring of the DC SFRA would rule out a normal Part 107 flight. People at the event bring in the operations over people rules.
What this means for the exam
Virginia law is not on the FAA knowledge test. The DC airspace concepts near it, special-use airspace and NOTAMs, are.
Other states are compared in the state drone laws guide, including Michigan's and Wisconsin's similar bans on local regulation.
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