Delaware has two core drone statutes and one strong structural rule that sets it apart from most states. The laws are straightforward, but the penalties are sharper than many pilots expect.
| Restriction | Statute | Penalty |
|---|
| Flying over events with 1,500+ people | Title 11, Del. C. Section 1334(a) | Misdemeanor: 30 days jail + $575 fine (first offense) |
| Flying over critical infrastructure | Title 11, Del. C. Section 1334(b) | Misdemeanor: up to 6 months jail + $1,150 (second offense) |
| Flying over active first responder scenes | Title 11, Del. C. Section 1334(c) | Class A misdemeanor if injury/damage: 1 year + $2,300 |
| Delivering contraband to a prison via drone | HB 30 (August 2019) | Class F felony: up to 3 years prison + $500,000 fine |
| Local governments creating drone laws | Title 11, Del. C. Section 1334(e) | Preempted. Only the state may regulate drones. |
Warning: The 1,500-person event threshold is a state-specific rule with no federal equivalent. The FAA prohibits flying over people without a waiver under Part 107, but Delaware separately criminalizes flight over large gatherings. You can be charged under both federal and state law for the same flight.
The 1,500-person event rule
Section 1334(a) prohibits flying over sporting events, concerts, automobile races, festivals, or any event with more than 1,500 people in attendance. The original bill proposed a 5,000-person threshold, but it was amended down to 1,500 during the legislative process. This number was chosen to cover events like University of Delaware football games and NASCAR events at Dover International Speedway.
The penalty structure escalates. A first offense is an unclassified misdemeanor (up to 30 days jail, $575 fine). A second offense bumps to Class B misdemeanor (6 months, $1,150). If your drone causes physical injury or property damage, it becomes a Class A misdemeanor (1 year jail, $2,300 fine).
State preemption of local drone laws
Section 1334(e) is unusually broad. It states that "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 means no city, county, or town in Delaware can create its own drone ordinance. Wilmington, Dover, and Newark all lack local drone rules because state law prevents them from making any.
The sole exception is Bethany Beach, which passed its drone ordinance before the preemption clause took effect. That ordinance prohibits flights over beaches, boardwalks, public rights of way, and outdoor assemblies within town limits. Commercial use in Bethany Beach requires a separate town permit. Penalties range from $50 to $1,000.
Prison contraband delivery (HB 30)
After correctional officers at James T. Vaughn Correctional Center near Smyrna observed drones flying over the prison three consecutive days in November 2018, the prison went on lockdown twice. The drones were suspected of delivering contraband including weapons, cellphones, and drugs. Governor John Carney signed HB 30 at the Vaughn Correctional Center in August 2019, making drone contraband delivery a Class F felony carrying up to 3 years in prison and a $500,000 fine.
For more on privacy law, see our drone spying laws guide and flying over private property guide.
