16 | Delaware

• Airspace Lease Law: 0/30 
• Avigation Easement Law: 25/25 
• Task Force or Program Office: 10/20 
• Law Vesting Landowners with Air Rights: 10/10  
• Sandbox: 0/10
• Jobs Estimate: 2/5

Factors Helping the State Score

• Avigation Easement Law: Delaware law creates an avigation easement, which means drone operators are protected from nuisance and trespass laws as long as their drones do not disturb people on the ground.
• Task Force or Program Office: Delaware gets partial points because the state created a temporary statewide drone task force in 2015 to encourage education about drones and commercial drone services.
• Law Vesting Landowners with Air Rights: Delaware law expressly provides air rights to landowners, which reduces litigation risk for drone operators because landowners know the extent of their property rights.

Factors Hindering the State Score

• Airspace Lease Law: Delaware law does not allow public authorities to lease low-altitude airspace above state and local roads. An airspace lease law would allow state or local officials to create drone highways above these roadways.
• Sandbox: Delaware does not have a drone sandbox. State officials should consider dedicating state facilities and airspace to commercial drone testing and should have a prominent, open invitation for drone companies to test their hardware and services.
• Jobs Estimate: Delaware is in the fourth quintile when it comes to the number of drone-related jobs per 100,000 people, receiving two out of five points.

These factors make Delaware the 16th most drone-friendly state in the country.