In 2025, agricultural spray drones covered 16.4 million acres across the U.S. — a 58.7% surge year over year, according to the American Spray Drone Coalition. As drone adoption accelerates, growers must be mindful of the regulatory checklist required to legally fly before investing in a spray drone.
The Regulatory Roadmap: 4 Steps to Spray Legally
An agricultural spray drone requires far more than unboxing the equipment and flying.
“It’s not just hitting a button and saying ‘go do this.’ It’s understanding and realizing what it takes for a safe flight to happen and all the regulations to abide by,” says Andrew Kreikemeier, owner of Infinity Precision Ag in Plymouth, Neb. “They just want to make sure everybody’s safe and we’re doing things the right way.”
To operate legally, every farm drone operator must navigate a four-step regulatory process:
- FAA Part 107 Remote Pilot License (Pass the FAA written knowledge exam)
- FAA Section 44807 Exemption (If total drone + payload weight exceeds 55 lb.)
- FAA Part 137 Agricultural Aircraft Operator Certificate (Dispensing license)
- State Aerial Applicator License / Drone Endorsement (State Department of Agriculture)
Step 1: FAA Part 107 Remote Pilot Certificate
To fly commercially, an operator must first obtain a Remote Pilot Certificate under 14 CFR Part 107 by passing the initial aeronautical knowledge exam (Unmanned Aircraft General – Small). Applicants must be at least 16 years old, proficient in English, and in sound physical and mental condition to operate safely. To maintain the certificate, pilots must simply complete a free, online recurrent training module through the FAA Safety website every 24 calendar months.
To maintain a Remote Pilot Certificate, standard drone operators only need to take a free, online recurrent training course on the FAA Safety website (ALC-677) every 24 calendar months.
Step 2: FAA Section 44807 Exemption (Heavy Drones)
Standard Part 107 rules only permit aircraft weighing less than 55 lb. at takeoff. Because fully loaded ag spray drones easily exceed this limit, operators must secure an FAA Section 44807 Grant of Exemption before taking to the air.
Step 3: FAA Part 137 UAS Certificate (Agricultural Aircraft Operations)
Any time a drone dispenses substances onto agricultural land, including pesticides, foliar fertilizers, desiccants or cover crop seed, it falls under FAA Part 137 regulations. This certificate authorizes your farm or business as an official agricultural aircraft operator.
Step 4: State Pesticide Applicator Certification
In addition to federal FAA aviation rules, operators must meet chemical application standards set by their state Department of Agriculture:
- Spraying Your Own Land: Most states require a Private Applicator License with a specific aerial or UAS category endorsement.
- Spraying for Neighbors (For Hire): Requires a Commercial Applicator License, state business registration, and proof of commercial chemical drift liability insurance.
Pesticide Applicator Certification
Prospective drone operators must also receive a pesticide applicator certification. Anyone dispensing agricultural chemicals, fertilizers or seed from the air must obtain an FAA Part 137 Agricultural Aircraft Operator Certificate.
Key requirements:
- State, territorial and tribal authorities certify applicators for restricted-use pesticides
- Certification is required in each state, territory or area of Indian country where applications are made
- Most states offer a Pesticide Safety Education program
Meanwhile, EPA’s role is to set minimum standards of competency for pesticide applicators who apply or supervise the use of restricted-use pesticides.
Private Spraying vs Commercial
Spraying your own land usually requires a Private Pesticide Applicator License with an aerial/drone category endorsement in most states. Meanwhile, spraying for neighbors for pay requires a Commercial Applicator License and commercial liability insurance.
Considering Hiring a Custom Applicator?
If you are considering hiring a custom applicator rather than certifying yourself, here are some questions to ask:
- Are you Part 137 certified?
- Do you hold an active state aerial applicator license?
- Do you carry chemical liability / drift insurance for aerial applications?
The Costs of Cutting Corners
Without the proper paperwork, drone operators leave themselves susceptible to hefty fines. In August, the Federal Aviation Administration (FAA) proposed a $289,215 civil penalty against Gorge Drones for operating a drone on 15 occasions to dispense fertilizer, despite not having an agricultural aircraft operator certificate. The FAA also alleged the drone was not registered with the agency, and it did not have an airworthiness certificate.
Arthur Erickson, CEO of ag-drone manufacturer Hylio, emphasizes that long-term industry growth relies on operators playing by the rules.
“If people start breaking the rules more and more, then I think it will turn into a feedback loop of negativity where the FAA is going to have to clamp down further and further. The FAA could possibly impose more restrictions, which is just going to slow people down,” Erickson says.
The Importance of Compliance
While the certification pipeline can feel daunting today, experts anticipate that technology improvements will eventually streamline the process.
“How good is the software that these drones are using? As that becomes better and better, I think the FAA will continue to ease some of those regulations,” Kreikemeier says.
Until then, doing the math and securing proper certifications remains the only safe, profitable way to put drones to work over your fields.
Considering a scouting drone?
Calculate costs, total acreage, labor and scouting frequency to help determine if owning a drone is a smart investment for your operation.
