January 14, 2021

9 (Tied) | Delaware

Score: 54/100
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  • Airspace Lease Law: 0/30
  • Law Vesting Air Rights with Landowners: 10/10
  • Avigation Easement Law: 25/25
  • Drone Task Force or Program Office: 10/20
  • Drone Jobs Estimate: 9/15

Factors Helping the State Score

  • Law Vesting Air Rights with Landowners: Delaware law expressly provides air rights to landowners, which reduces litigation risk for drone operators because landowners know the extent of their property rights.
  • 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.
  • Drone Task Force or Program Office: Delaware gets partial points because the state created a temporary statewide drone task force. The task force was created in 2015 to encourage education about drones and commercial drone serv ices.
  • Drone Jobs Estimate: Delaware has 18 drone-related jobs per 100,000 people, ranking it in the top half of states.

Factors Hindering the State Score

  • Airspace Lease Law: Delaware law does not allow public authorities to lease low-altitude airspace above public roads and public property. Such a law would allow state or local authorities to create drone highways above roadways.

These factors make Delaware tied for the 9th most drone-friendly state in the country.