Delaware Drone Laws (2026): State Rules, Local Ordinances & FAA

Prohibits knowingly operating, directing, or programming a drone to fly over: (1) any event with more than 1,500 people in attendance (sporting events, concerts, automobile races, festivals); (2) critical infrastructure including petroleum refineries, chemical storage/manufacturing, fuel storage, electric substations, power plants, military facilities, commercial ports, rail yards, water treatment facilities, correctional facilities, government buildings, and public safety buildings; (3) incidents where first responders are actively engaged; (4) in a manner that harasses someone on private property; (5) in a way that invades the privacy of someone on private property; or (6) in violation of a protective order. Exemptions apply to law enforcement operations, flights over property with owner's written permission, educational institution operations in compliance with FAA rules, and FAA-authorized commercial operators. State preemption clause (subsection e) reserves all drone regulation to the State of Delaware and supersedes any county or municipal ordinance.

Delaware's general privacy statute that applies to drone operations. Prohibits surveillance of private places, installing or using devices to observe or record activity without consent, and intercepting private communications. Specifically cross-referenced by § 1334 for drone privacy violations. Conduct involving serious image capture and dissemination constitutes a felony.

Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Parks & Recreation requires a special use permit to operate a drone on or over any land or water the division administers. Permit requires: (1) $75 administrative fee; (2) proof of liability insurance at $1,000,000 per occurrence and $3,000,000 aggregate, specifically covering drone operations; (3) FAA licensure documentation; (4) flight plan; (5) application at least 10 days before intended flight. Staff supervision may add $35 per hour. Restrictions include: no flying around unprotected people, in parking lots, near wildlife or nesting areas, on nature preserves, or within 100 feet of vulnerable property. Recreational use confined to areas the Division designates.

Delaware DNREC Division of Fish & Wildlife prohibits operating radio-controlled devices, including drones, on State Wildlife Areas without explicit permit from the Division Director. No routine recreational-permit program exists; for practical purposes, these areas (approximately 68,000 acres across 19 areas) are off-limits to casual drone flying.

Makes it a Class F felony to deliver or attempt to deliver contraband (weapons, cellphones, drugs, or other prohibited items) to a detention or correctional facility using an unmanned aircraft system. Enacted in response to repeated drone sightings over James T. Vaughn Correctional Center near Smyrna in 2018.

Unmanned Aircraft Systems Ordinance (Grandfathered)

Adopted June 2016, before state preemption clause took effect, and is the sole surviving local drone ordinance in Delaware. Prohibits drone operations over beaches, boardwalks, boardwalk plazas, public rights of way, waterways, public thoroughfares, outdoor assemblies, places of worship, and police stations within town corporate limits. Recreational pilots may fly over property they own or have written permission to use. Commercial drone operations require a daily permit from the Town Code Compliance Officer. Additionally prohibits drone operation within 50 feet of the water plant or within 25 feet of electric distribution equipment or overhead wires without equipment owner's consent.