Drone Authority · Drone Laws
Spray drones & Part 137: every license you actually need (2026)
Last updated July 28, 2026 · Verified against faa.gov's Part 137 UAS guidance (FAA page last updated May 5, 2026). Exemption policy is actively changing — confirm current process before filing.

The short answer
It's a stack, not a license
Depending on the substance and loaded aircraft weight, a commercial operation can require several layers: the appropriate pilot credential, aircraft registration, an FAA exemption, Agricultural Aircraft Operator Certificate, applicable airspace approval, and pesticide credentials where the product or state requires them. The FAA requires exemption petitions at least 120 days before they are needed, and the AAOC comes after the exemption. That is a filing floor, not a promised end-to-end timeline.
What counts as an agricultural operation
Part 137 triggers on dispensing, not on farming. Covered: any “economic poison” (pesticides, herbicides, fungicides — and the FAA classifies virus disinfectants here too), anything for plant nourishment, soil treatment, propagation, or pest control, and dispensing activities directly affecting agriculture, horticulture, or forest preservation. Spreading dry fertilizer or cover-crop seed is just as much a Part 137 operation as spraying herbicide. Check §137.3's definitions first — if your substance isn't covered, your path may be simpler.
The 55-pound fork
Loaded weight — aircraft plus everything in the tank — decides which regulatory universe you live in:
- •Under 55 lb loaded: you operate under Part 107, register in FAADroneZone for an FA-number, and your exemption covers §107.36 (hazardous materials carriage) plus the Part 137 provisions drones can't literally meet.
- •55 lb or heavier: you leave Part 107 entirely — operations run under Part 91 with exemptions across Parts 61, 91, and 137, plus Section 44807 approval, and the aircraft registers with an N-number through CARES like a crewed aircraft.
Marketing weights mislead here: a spray drone that's 50 pounds empty is a 55+ pound aircraft the moment the tank fills. Nearly every serious spray platform — Agras-class and up — lives on the heavy side of the fork.
The sequence, in order
- Part 107 certificate. The FAA now explicitly validates that exemption holders have one. Free prep at our training hub.
- Register the aircraft — FA-number (FAADroneZone) under 55 lb, N-number (CARES) at 55 lb+.
- Petition for exemption via regulations.gov (the FAA's shell docket routes it), at least 120 days out, covering the specific CFR sections you need relief from, the public-interest case, and the equivalent-safety case. Attach the operational information up front — legal name and street address, Chief Supervisor of Operations with contact info, PIC name and certificate number, each aircraft's make/model and registration — because incomplete petitions now get an RFI and then closed.
- Receive the exemption, then apply for the AAOC — Form 8710-3 emailed with your exemption number under the streamlined UAS process (no more FSDO visits for VLOS operations within the exemption's altitude and airspeed limits). The AAOC requirement itself has not gone away.
- Pesticide credentials, when applicable. Restricted-use products require certified applicators, and states may add commercial, aerial, business, or product-specific credentials. The pesticide label's aerial provisions are binding federal law on top of the FAA stack.
The enforcement turn
The FAA has said plainly that it has found exemption holders operating outside their conditions and limitations, and it responded with operational validations: RFIs demanding proof of the basics, no decision letters without complete information, and petition closures for non-response. Treat the exemption, Part 137 certificate, COA, pilot credentials, aircraft registration, and conditions and limitations as one operating system. If you're hiring a spray operator rather than becoming one, ask for the exemption number, AAOC, aircraft registration, applicable COA, and state credentials.
The hardware question
One honest complication: the dominant spray platforms are Chinese-made (DJI Agras, XAG), which puts new purchases in the same FCC Covered List situation as every other DJI product — and federal grant money can't touch them. U.S. makers (Hylio, Guardian Agriculture, Rantizo's supported platforms) are the compliant path and increasingly the safe-supply path. The full landscape is in our DJI ban explainer and NDAA & Blue UAS guide.
Part 137 & spray drones: frequently asked questions
- Do I need a license to spray crops with a drone?
- Several approvals can stack. The FAA path includes the appropriate pilot credential, aircraft registration, an exemption covering the applicable Part 137 provisions, and an Agricultural Aircraft Operator Certificate (AAOC). Sub-55-pound operations may also need relief from §107.36; aircraft at 55 pounds or more operate under Part 91, require additional exemptions, and generally need prior Section 44807 approval. Pesticide work also requires any federal and state applicator credentials that apply to the product and operation.
- What is Part 137 for drones?
- 14 CFR Part 137 governs any aircraft dispensing substances — pesticides, fertilizer, seed, even disinfectants, which the FAA treats as economic poisons. It was written for crewed ag aviation, so drone operators must petition for exemption from the provisions they can't literally comply with, then obtain the same Agricultural Aircraft Operator Certificate crewed operators hold.
- How long does the Part 137 exemption process take?
- The FAA requires a petition at least 120 days before the exemption is needed. That is a filing floor, not a promised decision date. Incomplete petitions, requests for information, non-routine operations, and aircraft without prior Section 44807 approval can take longer. The AAOC application follows the exemption, so start well before the intended season and do not schedule work around an assumed approval date.
- What is the Section 44807 exemption and do I need it?
- Section 44807 is the statutory authority the FAA uses to let drones 55 pounds or heavier operate without a type-certificated aircraft. Virtually every serious spray drone — DJI Agras models, XAG, Hylio's larger airframes — crosses 55 pounds loaded, so yes: heavy spray drones need 44807 approval layered with their Part 137 exemption, register with an N-number, and fly under Part 91 rules.
- Do I also need a state license to spray pesticides with a drone?
- Potentially, and FAA approval does not answer the pesticide question. Federal law requires certification to apply or supervise restricted-use pesticides, and states administer certification programs and may require commercial, aerial, business, or product-specific credentials for additional work. The pesticide label is legally enforceable, including its aerial-application directions. Check the state agriculture agency and the exact product label before planning the operation.
- Is the FAA cracking down on spray drone operators?
- The FAA says it found exemption holders operating outside their conditions and limitations and is conducting operational validations. It may send requests for information and close a petition when complete operational information is not provided. Operators should treat the exemption, Part 137 certificate, COA, pilot credentials, aircraft registration, and operating limitations as one compliance system.
Source desk
Build the stack from primary sources
- FAA — dispensing chemicals and agricultural products with UAS
- eCFR — 14 CFR Part 137
- eCFR — 14 CFR §11.63 filing deadline
- EPA — pesticide labels are legally enforceable
- EPA — applicator certification standards
Reviewed July 28, 2026. State applicator categories, business licensing, and pesticide rules still have to be checked with the state agriculture agency for the operation.
Educational, not legal advice. Exemption policy, state pesticide law, and FAA process details change frequently — verify at faa.gov and with your state department of agriculture before filing or flying. Every date-sensitive claim above is verified against FAA guidance current as of the date stamp.