Aerial Applicator Complaint Guide

The flight profile of an agricultural applicator is typically a day of short flights from a small, uncontrolled airfield where the aircraft’s tanks are filled. The flight then proceeds to the target track and several passes are made at a low level of three to five feet above the crop, at a typical speed of 110 miles per hour. The agricultural applicator pilot must have inspected the field prior to flight and be aware of obstructions to flight, such as power lines, poles, and trees, the relative flatness of the field, and adjoining fields, and must be extremely knowledgeable of the weather and wind conditions.

The National Agricultural Aviation Association (NAAA) developed the Professional Aerial Applicators’ Support System (PAASS) to provide pilots continuing education about safety, security and drift mitigation. (PAASS is required once every three years and is a tri-state program. If someone did not attend this training in the current year because it was during the two-year period it wasn’t required, they are then required to attend the alternative annual safety meeting put on by the North Dakota Aeronautics Commission.)

NAAA’s Operation S.A.F.E. (Self-regulating Application & Flight Efficiency) program enables aerial applicators to attend fly-in clinics and have their aircraft professionally analyzed for spray pattern uniformity and droplet size.

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Air Space: Federal law provides that the United States government has exclusive sovereignty of airspace of the United States; the Federal Aviation Administration (FAA) makes the plans and policy for the use of the navigable airspace; and any citizen has a public right of transit through the navigable airspace. 49 U.S. Code § 40103.

Ownership no longer extends endlessly into space. The FAA defines and regulates navigable airspace, through which the public has a right of transit. Today, air rights extend to the airspace above the surface that could reasonably be used in connection with the land. Airplanes soaring above your property are not trespassing because they are flying in what Congress has declared as the public highway.

The landowner "owns at least as much of the space above the ground as he can occupy or use in connection with the land."  (US v Causby at p. 264) Everything above is navigable air space, available to the public.

 The Government considers the public highway to begin around 500 feet in uncongested areas, and 1000 feet otherwise. Aerial Applicators, however, may operate below 500 feet over 'persons, vessels, vehicles, and structures,' if no hazard to people or property is created. How close someone needs to get near someone's property can be decided by which direction the landowner cultivates their rows, and wind is also a factor.

If an aerial applicator is in the 'middle of an operation' they may need to make turns, possibly over property, to accomplish the task. There are regulations to abide by. When an applicator leaves the airport to do a job, they need to be 500 feet. As they transition to do the work, the regulations don't apply as they will need to be lower to the ground. If you were to experience frequent flyovers, the local sheriff's department is the person who would assist. If you are not in a 'congested area,' no notice will be given (unlike over a city for mosquitos, for example).

Aerial application is often the most efficient and most economical way to apply crop protection products, fertilizer and even seed to grow and protect crops such as corn, soybeans and wheat. Aircraft can treat fields when the soil moisture is too great for the operation of ground application equipment and can also apply necessary crop protection products when the crop canopies become too tall or are too thick for ground application equipment. When pests or diseases threaten a crop, time of application becomes critical. An airplane or helicopter can accomplish more in one hour than ground equipment can in a single day.

The planes fly low to accurately spray the crops and eliminate drift potential. Before beginning professional aerial application, the pilots complete rigorous training and must pass several examinations. In addition to a pilot’s and applicator’s license, training also includes endorsements in aerial, fungicide, insecticide, herbicide, and more. You can be confident the pilots are following all safety precautions and are doing everything they can to complete the job safely, as they too want to return home to their families each night.

The Environmental Protection Agency and pesticide registrants spend millions of dollars per product ensuring that the pesticide label is scientifically sound to reduce the likelihood of harm to the environment or to humans. So, while you may smell pesticides, please be aware that this does not mean that it is harmful to your health. This is normal and to be expected during application. Research has been thoroughly conducted to ensure that the air is safe to breathe in surrounding areas.

Aerial applicators are highly-trained professionals. The average aerial applicator has over 20 years experience in the industry. The aircraft ranges in price from $100,000 to $1.5 million and utilize sophisticated precision application technologies such as GPS (global positioning systems) and GIS (geographical information systems), flow controls, and precisely calibrated spray application equipment to make sure the pilot is accurate in applying the product to the crop.

Aerial application pilots are covered by Federal Aviation Regulations (FAR) Part 137. These regulations govern agriculture aircraft in the United States and encompass the dispensing of any chemical designed to treat the soil or crops. Special certification rules for these pilots include knowledge and skill tests for the safe handling of poisons, agricultural chemicals, and basic medical knowledge of the symptoms of poisoning. There is also a special flight test and many of the rules of other aircraft operations are altered for Part 137 aircraft. These include a requirement for a safety harness, operating without positioning lights, and restrictions from operating over congested areas. Special record keeping must be maintained.

Ag applicators/crop dusters are generally governed by 14CFR91 (Code of Federal Regulations) for the operation of their aircraft; except when actually performing ag operations, which includes application and travel to and from loads and applications, they are governed by 14CFR137. Ag pilots have their commercial pilots’ licenses through the FAA. They also must be registered as commercial pesticide applicators in the states in which they make applications and must meet the requirements of FAR Part 137 which allows for low-level aviation operations.

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