Drone Laws in Delaware

Last updated on March 30th, 2023 at 01:04 pm

Agencies Responsible for regulating drones in the State of Delaware

Federal Aviation Administration

FAA Drone Website: https://www.faa.gov/uas/

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UAS Laws – General rules for flying drones in Delaware

Drone operation in the State of Delaware is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.

In addition, the Delaware legislature has enacted several supplemental rules specific to Delaware drone operations. The highlights are enumerated below. For more details go to the links above and search for unmanned aircraft

Are drones allowed in Delaware?

Drones are allowed in Delaware for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.

Specific additional drone use laws by Delaware State legislature

“Unmanned aircraft system” means a powered, aerial vehicle that:

1. Does not carry a human operator;
2. Uses aerodynamic forces to provide vehicle lift;
3. Can fly autonomously or be piloted remotely; and
4. Can be expendable or recoverable.

“Critical infrastructure” means petroleum refineries, petroleum storage facilities, chemical storage facilities, chemical manufacturing facilities, fuel storage facilities, electric substations, power plants, electric generation facilities, military facilities, commercial port, and harbor facilities, railyard facilities, drinking water treatment or storage facilities, correctional facilities, government buildings, and public safety buildings or facilities.

“First responder” means federal, state, and local law-enforcement officers, fire, and emergency medical services personnel, hazardous materials response team members, 9-1-1 dispatchers, or any individual who is responsible for the protection and preservation of life and is directed to respond to an incident that could result in death or serious injury.

1334 – Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor

Prohibited acts. — Except as provided in this section, no person shall knowingly operate, direct, or program an unmanned aircraft system to fly:

1. Over any sporting event, concert, automobile race, festival, or other event at which more than 1500 people are in attendance; or
2. Over any critical infrastructure; or
3. Over any incident where first responders are actively engaged in response or air, water, vehicular, ground or specialized transport.

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.

9202 – Regulations Governing Natural Areas and Nature Preserves

No person shall voluntarily bring, land, or cause to descend or alight on or upon any lands or waters administered by the Division any aircraft, flying machine, balloon, parachute, drones or other apparatus for aviation except with the prior consent of the Director. “Voluntarily” shall mean for purposes of this paragraph anything other than a forced or emergency landing.

HB 30 – AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS.

This bill prohibits the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone.

Specific additional UAV laws by local governments within Delaware

Town of Bethany Beach | Municipal Law

It’s illegal to fly any drone or other radio-controlled aircraft on the town’s boardwalks, beaches, and other public areas within the limits of Bethany Beach.

UAS operation rules in Parks, Recreation and Cultural Preserves

Delaware Department of Natural Resources and Environmental Control (DNREC)

DNREC Parks Enforcement states that flying drones in Delaware State Parks is restricted and thus unlawful without proper authorization. One exception is for parks that have designated areas for drones. Also, park regulations that approve organized activities may permit recreational drone flying. Allowed events are at the Parks & Recreation director’s discretion.

Specific additional laws in Jurisdictions within Delaware

Many cities or towns within the state of Delaware may have specific restrictions within their jurisdictions. We recommend checking the local jurisdiction for the latest regulations.

What you must know about Delaware No Fly Zones or No Drone Zones

You need to know if you can operate your drone, under what limitations, whether authorizations are required, and how to get those authorizations.

We encourage you to read our explainer for more details on this topic here: Explainer – What You Must Know About No Fly Zones or No Drone Zones

How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in Delaware?

The FAA has partnered with Aloft to develop the B4UFLY mobile app, which can tell you if there are any airspace restrictions where you want to fly.

If you are looking for a drone no fly zone map then B4UFLY is a good place to start.

The app provides situational awareness to recreational flyers and other drone users. However, it does not allow users to obtain airspace authorizations to fly in controlled airspace, only available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).

The B4UFLY app is available to download for free:

B4UFLY at the App Store for iOS: https://apps.apple.com/us/app/b4ufly-drone-airspace-safety/id992427109

B4UFLY at the Google Play store for Android: https://play.google.com/store/apps/details?id=gov.faa.b4ufly2&hl=en_US&gl=US

B4UFLY is also available as a desktop version for preflight planning and research. https://b4ufly.aloft.ai/ (“B4UFLY App | Federal Aviation Administration”)

How do I get authorization to fly in controlled airspace in Delaware?

Low Altitude Authorization and Notification Capability (LAANC), which is run by the FAA, is the only way to get permission to fly in controlled airspace.

LAANC is available to pilots operating under the Small UAS Rule Part 107 or under the exception for Recreational Flyers.

You can get access through one of the FAA Approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.

There are two ways to use LAANC:

• Submit a near real-time authorization request for operations under 400 feet in controlled airspace around airports (available to Part 107 Pilots and Recreational Flyers).
• Submit a “further coordination request” if you need to fly above the designated altitude ceiling in a UASFacility Map, up to 400 feet.
  • You can apply up to 90 days before a flight, and the approval is coordinated manually through the FAA (available to Part 107 pilots only).

LAANC is available at 726 airports. If you want to fly in controlled airspace near airports not offering LAANC, you can use the manual process to apply for authorization.

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Notes for recreational drone pilots flying for fun in Delaware

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.

In Delaware, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

Following these rules will keep you and your drone safe and help keep the airspace available to everyone.

The law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA personnel. The Recreational UAS Safety Test (TRUST) was developed to meet this requirement. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA‘s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

1. Understand recreational flying requirements
   • Note: Non-recreational drone flying includes things like taking photos to help sell a property or service, doing roof inspections, or taking pictures of a high school football game for the school’s website. Goodwill can also be considered non-recreational. This would include volunteering to use your drone to survey coastlines on behalf of a non-profit organization. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
   • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
   • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
2. Take TRUST
   • You may take the free online test through any of the FAA-approved test administrators.
   • All FAA-approved TRUST test administrators offer the test free.
   • All test questions are correctable to 100% prior to issuing your completion certificate.
   • After completing TRUST, you’ll need to download, save or print your completion certificate.
   • If you lose your certificate, you will need to retake TRUST.
   • View a list of TRUST Test Administrators
3. Receive your certificate
   • After you pass the test, you will receive a certificate from the test administrator you selected.
   • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

The Exception for Limited Recreational Operations of Unmanned Aircraft (USC 44809) is the law that describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

1. Fly only for recreational purposes (personal enjoyment).
2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO).
   For more information on how to become an FAA-recognized CBO, read Advisory Circular 91-57C.
3. Keep your drone within the visual line of sight, or use a visual observer who is co-located (physically next to) and in direct communication with you.
4. Give way to and do not interfere with other aircraft.
5. Fly at or below FAA-authorized altitudes in controlled airspace (Class B, C, D, and surface Class E designated for an airport) only with prior FAA authorization by using LAANC or DroneZone.
6. Fly at or below 400 feet in Class G (uncontrolled) airspace.
   Note: Flying drones in restricted airspace is not allowed. Drone pilots should always check for airspace restrictions prior to flight on our B4UFLY app or the UAS Facility Maps webpage.
7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
8. Have a current FAA registration, mark (PDF) your drones on the outside with the registration number, and carry proof of registration when flying.
   Note: Beginning September 16, 2023, if your drone requires an FAA registration number, it will also be required to broadcast Remote ID information.
9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots should know that if they violate these safety requirements and/or operate their drone flight carelessly or recklessly, they could be liable for criminal and/or civil penalties.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. However, to fly your drone commercially or under the FAA’s Small UAS Rule (Part 107), you must first obtain a Remote Pilot Certificate (RPC), also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

It is recommended that recreational drone operators consult the Federal Aviation Administration (FAA) rules and regulations on the proper use of recreational drones and use common sense when operating these devices around crowded public areas, wildlife, or historic resources.

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Notes for operating Commercial Drone Services in Delaware

If you have a small drone that is less than 55 pounds, you can fly for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.

Commercial drone operations in Delaware State are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

For a complete review of the FAA Part 107 regulation please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. To fly under Part 107 rules, there are three main steps.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

• 14 CFR Part 107 Small Unmanned Aircraft Systems

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will require a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

• Operation from a moving vehicle or aircraft – §107.25
• Operation at Night – §107.29(a)(2) and (b)
• Visual line of sight aircraft operation – §107.31
• Visual observer – §107.33
• Operation of multiple small unmanned aircraft systems – §107.35
• Yielding the right of way – §107.37(a)
• Operation over human beings – §107.39
• Operation in certain airspace – §107.41
• Operating limitations for small unmanned aircraft – §107.51
• Operations Over Moving Vehicles – §107.145

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports because it is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft and are responsible for any safety hazard their drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

• At least 16 years old
• Able to read, write, speak, and understand English
• Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

• Review Knowledge Test Suggested Study Materials provided by the FAA.

Obtain an FAA Tracking Number (FTN)

• Create an Integrated Airman Certification and Rating Application (IACRA) profile before registering for the knowledge test.

Schedule an Appointment

• Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13

• Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application system (IACRA)* to complete FAA form 8710-13.
• Review the entire process to get your Remote Pilot Certificate.

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy in order to register. Learn more about registering your drone.

• Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
• Once you’ve registered, mark your drone (PDF) with your registration number in case it gets lost or stolen.

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Useful published information on flying drones in Delaware

We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to Delaware Drone Users also. Please visit the site for additional information: Know Before You Fly

Association for Unmanned Vehicle Systems International – Mostly for commercial drone service providers and users.

Academy of Model Aeronautics – Mostly for hobbyists

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NOTE: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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