Delaware UAS Laws

 
 
Note on Federal vs State Laws:

Federal airspace laws take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is likely to be invalidated. All commercial drone pilots operating in Delaware must adhere to the FAA's Part 107 Rules.

Definitions:

  • “Unmanned aircraft system” means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide lift, can fly autonomously or be piloted remotely, and can be expendable or recoverable.

  • “Critical infrastructure” means facilities such as petroleum refineries, chemical plants, power plants, military facilities, port and harbor facilities, rail yards, correctional facilities, and government buildings.

  • “First responder” means personnel such as law-enforcement officers, fire, and emergency medical services who are responsible for the protection and preservation of life during an incident.


State Drone Laws in Delaware

Delaware has a comprehensive state law that governs many aspects of drone operation, along with other specific regulations.

 
 
Statutes/Bills (passed):

Statewide Operations & Critical Infrastructure (11 Del. C. § 1334) This is the state's primary drone law. It prohibits any person from knowingly operating a drone over the following locations:

  • Any sporting event, concert, or other event where more than 1,500 people are in attendance.

  • Any critical infrastructure.

  • Any incident where first responders are actively engaged.

Exemptions. — The prohibitions set forth in subsection (b) of this section shall not apply to:

  1. An unmanned aircraft system used for law-enforcement purposes; or
  2. An unmanned aircraft system flying over property where written permission has been granted by the property owner or occupier; or
  3. An unmanned aircraft system operated by an institution of higher education for educational purposes in compliance with Federal Aviation Administration regulations; or
  4. An unmanned aircraft system that is being used for a commercial or other purpose if the operator is authorized by the Federal Aviation Administration.

Penalties. — Unlawful use of an unmanned aircraft system is an unclassified misdemeanor for a first offense and a class B misdemeanor for a second or subsequent offense, except that in any case where physical injury to a person or damage to property occurs as a result of a violation of this section unlawful use of an unmanned aircraft system is a class A misdemeanor.

Flying Over State Parks and Natural Areas (7 DE Admin. Code 9202) This regulation from the Department of Natural Resources and Environmental Control (DNREC) prohibits a person from landing or taking off with a drone from any lands or waters administered by the Division of Parks and Recreation, except in cases of emergency or with prior consent from the Director.

Drones Over Correctional Facilities (HB 30) This law makes it a class F felony to use a drone to deliver or attempt to deliver contraband into any detention facility.

Privacy and Voyeurism (11 Del. C. § 1335) While Delaware's "Violation of Privacy" statute does not specifically name drones, its language is broad enough to apply. The law makes it a crime to photograph, film, or record any person in a situation where they have a reasonable expectation of privacy. Using a drone to commit such an act is illegal under this statute.

Local Drone Laws in Delaware

While the state has a comprehensive law, it is still advisable to check for any specific local ordinances in the city or county where you plan to fly.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you are in need of legal assistance, you should seek out an attorney licensed to practice in your state.