The use of drones in agriculture is gaining ground as more farmers become interested in the cost and time-saving potential of aerial applications. While the U.S. already has comprehensive regulations for drone-based agricultural chemical spraying, enforced by both federal and state agencies, emerging guidelines from the Federal Aviation Administration (FAA) aim to refine that oversight. Additionally, the widest-used drone brand, DJI, faces a ban by year’s end due to national security concerns.
The U.S. Federal Aviation Administration (FAA) and the Environmental Protection Agency (EPA) oversee the use of drones for spraying agricultural chemicals primarily under two key regulations:
• 14 CFR Part 107: Requires drone pilots to obtain a Remote Pilot Certificate, which involves passing an aeronautical knowledge test and security screening.
• 14 CFR Part 137: Specifically regulates the dispensing of chemicals (including pesticides and fertilizers) from aircraft, including drones. Operators must obtain a Part 137 Agricultural Aircraft Operator Certificate, which involves additional documentation, exemptions (especially for drones over 55 pounds), and compliance with operational safety standards.
In addition to federal rules, 37 states impose their own licensing and certification requirements. For example, in Kansas and North Carolina, operators must register their drones, hold commercial pesticide applicator licenses, and sometimes pass additional state-specific exams and inspections. States may also require business licenses for commercial pesticide application via drones.
Overall, most industry insiders view the federal regulations for aerial chemical application as pretty lax. “The EPA has essentially told us that currently, as long as a product has an aerial label, it can be applied from a drone as long as various state regulations apply,” Neill Newton, Syngenta’s Global Drone Applications Manager, says. However, Newton says EPA has also said this won’t be the case forever. “They will want to assess the risks from these applications in the future, just as they assess risks from ground rigs or piloted aircraft.”
Notably, new federal rules are expected to require private applicators (those spraying their own property) to meet the same certification and documentation standards as commercial applicators. Key changes include enhanced certification processes, performance-based safety standards for beyond-visual-line-of-sight (BVLOS) operations, and expanded applicability of Safety Management Systems (SMS).
New rules may also introduce stricter requirements for proximity to people and property, pilot experience, and geo-fencing, which could limit where and how aerial applications are performed. These changes are anticipated to be implemented within the next year.
Drone users also need to be aware of the possible phaseout of certain foreign-manufactured drones, which may limit equipment choices for some operators after December 2025. The most immediate threat of a ban comes from a clause in the 2025 National Defense Authorization Act, a U.S. law that sets the annual military budget. Passed in late 2024, it requires drones from Chinese giant DJI to clear a national security review or face an automatic ban by the end of 2025. No review has yet been scheduled, and the legislation does not specify which agency should carry it out. A de facto ban would also cover Autel, another popular Chinese drone brand.
Without a review, these drone makers will be barred from selling new products in the U.S., and restricted from updating existing ones because it will not be able to obtain FCC certifications for wireless transmitters that are an essential part of the drones, Rupprecht Law, a Florida-based firm that specializes in drone law, wrote in a note on the legislation. The U.S. government has said its push to restrict DJI is rooted in fears that the company’s drones could collect sensitive data for China’s military or intelligence agencies. (Sources: Precision Farming, RestofWorld, Future Farming)
