Drone Laws
in Delaware (2023)

Welcome to this wiki. The goal of this wiki is to crowd-source drone information. Having said that, information may be inaccurate, out-of-date, and should not be relied upon for legal advice.

Delaware State Drone Laws
These laws apply in the entire state.

Delaware Administrative Code Title 7, 9000, 9200

The use of drones in Delaware state parks requires a special use permit administered by the Department of Natural Resources and Environmental Control’s Division of Parks and Recreation. This is a requirement even for areas designated for recreational use. There is a $75 administrative fee for the permit.

Ref Admin. Code Title 7, 9000, 9200

 

Delaware Criminal Code Chapter 5, Subchapter 7, Section 1334

  • It is illegal to fly a drone over events at which there are more than 1500 people in attendance, over critical infrastructure, or over emergency response operations.
  • It is illegal to use a drone to invade the privacy of another person who is on private property in violation of Section 1335 of the criminal code.
  • Counties and municipalities may not craft their own laws that regulate the testing or operations of drones.

Ref Criminal Code Ch. 5.7 Sec. 1334


Delaware State Pre-emptions

Delaware State Legislature maintains pre-emption for all rules and regulations that concern recreational and
commercial drone use.

 

House Bill 30

The use of a drone to deliver contraband into a detection facility is considered a Class F Felony or Class A Misdemeanor.

Ref House Bill 30 

City and County
Drone Laws
These laws apply in some areas.

Local drone laws in Delaware refer to policies and regulations that are enacted and enforced at the county, city, or town levels.

 

Town of Bethany Beach

  • Commercial drone flight will require the issuance of a permit by the Code Compliance Officer.
  • It is illegal to operate a drone over private property that the operator does not own without the property owner’s consent.
  • It is illegal to operate a drone over an outdoor assembly, place of worship, police station, public right of way, beach, boardwalk, boardwalk plaza, waterway, public thoroughfare within the corporate limits of the Town of Bethany Beach.
  • It is illegal to operate a drone within 50 feet of the water plant or within 25 feet of any electric distribution plant or overhead wire or similar equipment for the transmission of sounds or signal, heat, light or power, or data without the equipment owner’s consent.

Ref Town Code Part 3 Article 3

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