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Part 107 in West Virginia: No Drone Hunting

West Virginia bars using a drone to hunt, harass or herd wildlife, and its steep valleys make the 400-foot AGL limit easy to break. What pilots need to know.

Ivan TesolkinFounder, Clear107Updated

West Virginia's wildlife code names drones directly. W. Va. Code §20-2-5 prohibits using a drone or other unmanned aircraft to hunt, take, wound, harass, transport or kill wild birds or animals, or to drive or herd them for hunting, trapping or killing. For Part 107 pilots, the state's terrain adds a second issue: steep hills and deep valleys.

What does §20-2-5 prohibit?

W. Va. Code §20-2-5 lists unlawful methods of hunting. It bars hunting from a drone or other unmanned aircraft and using a drone to hunt, take, wound, harass, transport or kill wildlife, or to drive or herd wildlife for hunting, trapping or killing. Wildlife filming is a different activity, but flying low over animals to move them crosses into what the statute describes.

Why does terrain matter for the 400-foot rule?

§107.51 limits you to 400 feet above ground level, measured over the ground below the drone. Launch from a ridge and fly out over a valley, and you can exceed it without climbing. The 400-foot post has a diagram.

What federal airspace matters most in West Virginia?

Charleston has Class C airspace. Get authorization through LAANC where required.

What this means for the exam

West Virginia-specific rules are not on the FAA knowledge test, which covers federal rules only. The federal topics here, airspace authorization, restricted areas, weather limits and performance, are.

Other states are compared in the state drone laws guide.

Next door, Pennsylvania bars local drone ordinances entirely; see the Pennsylvania drone laws post.

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