Aerial Applicator Complaint Process

Before we begin:

Before submitting a complaint, please review the information below. It addresses many of the common questions we receive during the aerial application season and may answer your concerns before you file a complaint.

 

• Every complaint is reviewed based on the facts and available evidence. Filing a complaint does not automatically mean a law or regulation has been violated; however, it does allow us to determine whether additional review or investigation is appropriate.

 

• We understand why seeing an aircraft flying low over your home would be concerning. Agricultural aircraft routinely operate at low altitudes while making applications because doing so allows pilots to safely and accurately apply products to the intended target. Low flight alone does not necessarily mean a law or regulation has been violated. Agricultural aircraft may also fly over homes while turning, lining up for an application pass, or traveling between fields. How close you live to a runway may also be a factor.

 

• To evaluate your concern, we will ask for information such as the date, time, location, what you personally observed, whether the aircraft appeared to be making an application, what you observed afterward (if applicable), and any photographs or videos you may have. The more detailed the information, the more effectively we can evaluate the complaint.

 

• For your safety, do not attempt to signal or stop an aircraft during flight. If an aerial application is occurring near your property and you have concerns, the safest course of action is to remain indoors until the aerial application activity in your immediate area has concluded. If you believe a problem occurred, document what you observed and report it to our office rather than attempting to confront the pilot during flight.

 

• Threatening an aircraft, pilot, or any person involved in an aerial application operation may endanger lives and may violate state or federal law. If you have concerns, report your concerns to our office rather than confronting the pilot.

 

Our review is based on the information available. Depending on the nature of the complaint, we may coordinate with other state or federal agencies that have jurisdiction over certain aspects of aerial application operations.

 

Agricultural aircraft provide an efficient way to apply crop protection products, fertilizer, and seed to fields. To make accurate applications while minimizing off-target movement, pilots routinely fly at low altitudes over the intended field. These flights are highly specialized and are conducted by trained, certificated pilots operating under federal aviation regulations.

Pilot Qualifications and Regulations

Agricultural aircraft operations in the United States are regulated by the Federal Aviation Administration (FAA). Aerial application pilots conduct their operations under the general operating rules of 14 CFR Part 91 and the specialized agricultural operating requirements of 14 CFR Part 137. Part 137 establishes additional requirements and operating procedures specific to agricultural aviation, including certain low-altitude flight operations.

To conduct aerial application operations, pilots must hold an FAA Commercial Pilot Certificate and meet the additional qualification requirements of Part 137. These qualifications include specialized knowledge and practical testing in agricultural aircraft operations, the safe handling and application of agricultural chemicals, emergency procedures, and other operational requirements unique to aerial application.

In addition to FAA certification, aerial applicators must be licensed or certified as commercial pesticide applicators in the state(s) where they operate and comply with all applicable federal and state pesticide laws and regulations. They are also required to maintain operational records and follow product label requirements designed to promote safe and effective applications.

Continuing Education

Many North Dakota aerial applicators participate in the National Agricultural Aviation Association's Professional Aerial Applicators' Support System (PAASS) and Operation S.A.F.E. programs, which promote continuing education, safety, and application quality.

 

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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 the pilot is taking off or landing from a nearby airport, they may have to fly over your home as part of a safe traffic pattern.

• If the aircraft is performing aerial application, the pilot is responsible for avoiding off-target drift and following federal and state pesticide regulations.
• Pilots should avoid unnecessary flight over occupied buildings when it can be done safely, but they are not prohibited from overflying homes if it is necessary for the operation.
• If pesticides or fertilizers drift onto your property, that is a separate issue from simply flying overhead and may be investigated by the appropriate state agency.

An applicator may:

• Depart the airport.
• Fly over nearby homes while climbing.
• Turn toward the field to be treated.

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. 

Agricultural aircraft are designed to operate at low altitudes while making an application, allowing them to accurately place the product on the intended field, minimizing drift, and improving safety by allowing the pilot to maintain precise control during the application.

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.

  

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. When you see a crop duster go by, remember their crucial role in bringing food from the farm to your table.

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.

 

 

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