Yes, flying drones over private property in Delaware is legal under federal and state frameworks, but property owners retain rights to privacy and nuisance claims. The FAA governs airspace rules, while Delaware’s 2023 drone law (29 Del. C. § 10001 et seq.) aligns with federal preemption, requiring operators to avoid reckless interference with landowner rights. Local ordinances, such as Wilmington’s 2024 ordinance restricting drone flights over sensitive areas, may impose additional constraints.
Key Regulations for Flying Drones Over Private Property in Delaware
- Federal Airspace Control: The FAA mandates drones remain below 400 feet AGL unless under controlled airspace (e.g., near Wilmington Airport), where prior authorization is required. Violations risk civil penalties up to $1,437 per incident (2024 FAA enforcement updates).
- Delaware’s Privacy Statutes: Under 11 Del. C. § 1335, capturing images of private property without consent may constitute a misdemeanor if the drone’s purpose is to harass or surveil. Property owners may sue for invasion of privacy under common law.
- Local Ordinances: Counties like New Castle prohibit drone use over schools, correctional facilities, or private events without permits. Newark’s 2025 ordinance bans night flights over residential zones unless equipped with anti-collision lighting.
Operators must also comply with Delaware’s 2026 drone registry, requiring state-specific identification tags for all unmanned aircraft over 0.55 lbs. Failure to register subjects operators to fines up to $500. Always verify county-specific restrictions before flight operations.