Delaware Statewide Rule
Delaware State Preemption of Recreational Drone Rules
Key Facts
- Statute
- 11 Del.C. § 1334
- Preemption
- Subsection (e)
- Local Authority
- None (except Bethany Beach)
- Federal Layer
- FAA Part 107 / TRUST
- Max Penalty
- Class A misdemeanor
Summary
Delaware Code Title 11, Section 1334(e) explicitly preempts all local drone regulation. Only the state may prohibit, restrict, or regulate operation of unmanned aircraft systems. Bethany Beach is the sole grandfathered exception.
(b) 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; or (4) So as to subject another person, who is on private property, to harassment in violation of § 1311(a) of this title; or (5) So as to invade the privacy of another person, who is on private property, in violation of § 1335(a)(1), (2), (3), (4), or (6) of this title; or (6) So as to violate or fail to obey any provision of a protective order issued by any of the following: a. The Family Court. b. A court of any state, territory, or Indian nation in the United States, as long as such violation or failure to obey occurs in Delaware. c. A court of Canada, as long as such violation or failure to obey occurs in Delaware.
Full Breakdown
Under 11 Del.C. § 1334(e), 'Only the State may enact a law or take any other action to prohibit, restrict, or regulate the testing or operation of an unmanned aircraft system in the State.' This preempts any county or municipal ordinance attempting to ban, restrict, or regulate recreational drone flight. Recreational pilots must follow FAA Part 107 hobbyist rules and pass The Recreational UAS Safety Test (TRUST). Section 1334(a)-(d) prohibits operating drones over critical infrastructure, sporting events with over 1,500 attendees, concerts, or active first-responder incidents, with violations ranging from unclassified misdemeanor to Class A misdemeanor. Bethany Beach's pre-2017 ordinance is grandfathered.
Violations & Penalties
Violating 11 Del.C. § 1334(a)-(d) is a misdemeanor with penalties up to one year jail and $2,300 fines for Class A violations. Local drone ordinances enacted after preemption are unenforceable.
Frequently Asked Questions
Can a Delaware town ban drones over its parks?
What state-level drone restrictions exist for hobbyists?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.