Overview of Regulations for Using Unoccupied Aircraft Systems (UASs) for Aerial Application of Fertilizer and Pesticides in Massachusetts (2025)

Introduction

Federal Requirements

• Commercial UAS License Part 107
• Acquire a 44807 exemption (for aircraft over 55 pounds)
• Aircraft Registration, obtain an “N” number (for aircraft over 55 pounds)
• Federal Insurance Requirements
• Agricultural Aircraft Operator Certificate Part 137

Massachusetts State Requirements

• Pesticide License or Certification
• Aerial Applicator Pesticide License
• State Insurance Requirements

Federal Requirement Details and Suggestions

1. Commercial UAS License Part 107: When conducting drone operations as part of a job or for payment in any way, the Pilot in Command (PIC), that is to say, the person responsible for the flight present at the controls or next to the controls, needs to have their commercial drone license and have their license be current as per the CFR Article 14 part 107 (https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107). Every 24 months after getting a license, a UAS pilot has to take a recurrency test online in order to have their license be current (and legal to use commercially). The training for that test and the administration of that test can be accessed through this portal: https://www.faasafety.gov/ - The applicant needs to create an account and log in to complete online training courses to keep the license current after 24 months of acquiring a commercial drone license. https://www.faa.gov/newsroom/recurrent-training-courses- drone-pilots-available-online provides more information on courses required for staying current.
2. Acquire a 44807 exemption (for aircraft over 55 pounds): CFR Article 14 Part 107 regulations are only applicable to drones up to 55 lbs. - that weight limit includes whatever payload it is carrying). If the drone is over 55 lbs. with its payload, the applicant will need a 44807 exemption. (see https://www.faa.gov/uas/advanced_operations/certification/section_44807). This is required prior to registering an aircraft over 55 lbs and is also a prerequisite for applying for an Agricultural Aircraft Operator Certificate (AAOC).

• When applying for a 44807 exemption, the applicant will need the aircraft Remote ID serial number.
• To request a 44807 exemption, the applicant needs to mail a request for an exemption to:

The applicant can visit https://www.regulations.gov/ to search dockets, which are public records of prior requests for exemptions, and see examples of how to structure the language of the request. See https://www.regulations.gov/docket/FAA-2024- 0570/document for a specific example of an application for an exemption that was awarded to a cranberry grower.

Alternatively, the applicant can use the US Department of Transportation online portal to submit a request: https://caps.faa.gov/. This website is for Certificate of Authorization (COA) applications in general; the 44807 is a specific type of COA. More information about COA’s is available here: https://www.faa.gov/about/office_org/headquarters_offices/ato/service_u… aim/organizations/uas/coa.. Some companies have begun filing this for the aircraft before the buyer purchases the aircraft; the applicant can check with the seller or manufacturer.

3. Aircraft Registration, obtain an “N” number (for aircraft over 55 pounds)
   After acquiring a 44807 exemption, the applicant must register the UAS before flying the aircraft. Registration applications can be mailed to:

• FAA Aircraft Registration Branch P.O. Box 25504 Oklahoma City, Oklahoma 73125-050
• Alternatively, the applicant can use the FAA COA login portal. See https://www.faa.gov/about/office_org/headquarters_offices/ato/service_u… emops/aaim/organizations/uas/coa for more information.

The applications should include:

• A proof of purchase of the UAS, typically a bill of sale (see https://www.faa.gov/forms/index.cfm/go/document.information/documentid/…) which one can acquire from the seller.

• 44807 exemption documentation

• Proof that the applicant is not a foreign entity

• Remote ID #

• A $5 check.

Some companies have begun filing this for the aircraft before the buyer purchases the aircraft; the applicant can check with the seller or manufacturer.

4. Federal Insurance Requirements: The applicant needs to have insurance that specifically covers liability for aerial applications of pesticide and/or fertilizer, i.e. chemical drift liability specifically for aerial applications. Federal requirements require $300,000 of liability insurance coverage.
5. Agricultural Aircraft Operator Certificate: Visit https://www.faa.gov/uas/advanced_operations/dispensing_chemicals for instructions on how to apply.) As per the regulations outlined in CFR Article 14 Part 137 (https://www.ecfr.gov/current/title-14/chapter-I/subchapter-G/part-137), one person on the farm who has a Commercial UAS License needs to be responsible for the risks associated with aerial applications of fertilizer or pesticides; legally what this means is that that person needs to have an AAOC. The applicant is required to first submit a request for an exemption for their drone operations and then to submit an application for that license, which will be required to have completed and have documentation of passing a class 2 medical examination. The applicant might need to schedule a “check ride” with an FAA administrator from your local FAA Flight Standards District Office (FSDO) at their discretion. The FAA has greatly reduced the complexity of the 137 processes; The FSDO is not required to send an examiner, and in many cases, the applicant is allowed to “Self-Certify” their qualifications. However, the FAA may still send an examiner at the FSDO’s discretion in some instances. Suppose the FSDO requires an examiner to certify qualifications. In that case, the applicant will be required to schedule a time when this administrator can come physically to their location and observe you, demonstrating their ability to safely and professionally operate the aerial applicator equipment that you want to use for applying fertilizer or pesticide. Detailed information on how to apply may be found here: https://www.faa.gov/uas/advanced_operations/dispensing_chemicals. The list of FSDO’s is here: https://www.faa.gov/about/office_org/field_offices/fsdo/all_fsdos. It is advised that the applicant is in contact with this office as they go through the exemption and AAOC application processes. This process can take 8-12 months to complete, though the FAA has declared on its website that priority is given to those who are actively trying to use these tools for their farming operations.
   
   It is legally possible, at least for now, to partner with another company that has an operator with an AAOC and have them serve as the AAOC holder for your operation so long as there is legal documentation for them to assume the role as “supervising” your operations and assuming liability.

Massachusetts State Requirement Details and Suggestions

• Pesticide License or Certification: For more information, visit https://www.mass.gov/doc/pesticide-examination-and-license-information- bulletin/download) A certification or license of one of the following types is required to do pesticide application by any means is required:
  • Applicator License (core): This is permissible if working under an individual with a Commercial Certification
  • Private Certification (Category 30): This is for doing applications on your own farm.
  • Commercial Agricultural Certification (Category 33): There are 2 cases where you would need this certification: 1) this is for conducting applications on any arbitrary farm as a commercial operator for hire, OR 2) if you intend to do pesticide work using restricted use pesticides for either private or commercial purposes.
• Aerial Applicator Pesticide License: Special Use Category (Category 34) is for conducting aerial applications of pesticide, whether it be with an occupied aircraft or UAS.
  • To apply for an Aerial Applicator Pesticide License, the applicant needs 2 years of experience doing work as a pesticide applicator and may have to demonstrate proficiency or competency by providing a resume or references.
• State Insurance Requirements
  Massachusetts State regulations dictate that you need to have insurance that specifically covers liability for aerial applications of pesticide and/or fertilizer - i.e. covers chemical drift liability, specifically for aerial applications. Code of Massachusetts Regulations (CMR) Title 333 covers the regulations regarding pesticide use within Massachusetts - these general regulations are the only ones that apply to UAS. As of now, there are no specific UAS regulations. As such, general aerial applicator regulations currently cover UAS pesticide applications. Section 10.13 describes the minimum standards for liability insurance for operating as a pesticide applicator, which includes UAS pesticide applications (https://www.mass.gov/doc/333-cmr-10-certification-and-licensing-of-pest…). You may note that for aerial applicators there is a minimum of $300,000 aggregate liability coverage required, along with a $100,000 minimum for each instance of bodily or property liability. Note that these specific minimums are just for Massachusetts; these minimums and requirements can also vary from state to state.

The rules and regulations referenced in the publication were correct at the time of publication. Please check with the FAA and MDAR for updated regulations.

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Trade names have been used to simplify information; no endorsement is intended. Published March, 2025