Aerial pest control regulations for drone operators

By Scout Nelson

The Nebraska Pesticide Act regulates the use of unmanned aerial vehicles (drones) for pesticide applications, classifying them as aerial applications. Operators must adhere to both state and FAA regulations to ensure safe and compliant practices.

All drone operators applying pesticides in Nebraska must hold an FAA Part 107 certification or a Part 61 license with UAS endorsement. Additionally, all drones must be registered with the FAA, regardless of their takeoff weight.

Drones are classified into “Heavy” (weighing 55 lbs. or more) and “Small” (less than 55 lbs.) categories. Operators of “Heavy” drones require a Class 3 Medical Certificate and FAA approval under Section 44807 for aerial applications. “Small” drones are exempt from some of these requirements but still require FAA registration and various Part 107 exemptions.

Operators using “Heavy” drones must also secure a Certificate of Authorization (COA) to operate in national airspace, while “Small” drones may request airspace approval through the Low Altitude Authorization and Notification Capability (LAANC). Both drone categories require compliance with FAA Part 137 regulations for dispensing chemicals.

Pesticide Application Requirements

In Nebraska, the pilot of a spray drone is considered the pesticide applicator and must hold a pesticide applicator license, even if they do not handle the chemicals. Mixers and loaders only require Worker Protection Standard training.

For Restricted Use Pesticides (RUPs), drone pilots must obtain a Commercial or Non-Commercial Pesticide Applicator license with the Aerial Pest Control Category (Category 12). Private applicators applying RUPs on their property must follow similar requirements but can opt for a non-commercial license.

Additionally, commercial applicators must pass the General Standards (00) exam and any other relevant category exams for expanded operations. Once all FAA and Nebraska-specific certifications are complete, a Nebraska Aerial Pesticide Business License is required.

By adhering to these regulations, Nebraska ensures safe, efficient, and compliant drone-based pesticide applications, benefiting both agriculture and public safety.

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