Drone Authority · Drone Laws
Spray drones & Part 137: every license you actually need (2026)
Last updated July 18, 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
Spraying anything from a drone commercially takes four to five layers: Part 107 certificate → FAA exemption petition (Part 137 provisions, plus §107.36 under 55 lb; plus Parts 61/91 relief and Section 44807 at 55 lb+) → Agricultural Aircraft Operator Certificate → aircraft registration (FA-number under 55 lb, N-number over) → state pesticide applicator licensing. Plan 4–8 months for a first-time setup. There is no shortcut, and the FAA is actively auditing operators who pretend there is.
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.
- State pesticide licensing. Commercial applicator license, aerial category where your state has one, restricted-use endorsements if applicable — through your state department of agriculture. The pesticide label's aerial provisions are binding federal law (FIFRA) on top of everything above.
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. Read that as market intelligence, not just a warning — ag drone services are growing fast, and the operators who survive audits are the ones who treated the paperwork as part of the business. If you're hiring a spray operator rather than becoming one, asking for their exemption number and AAOC is now basic due diligence.
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, stacked. At minimum: a Part 107 Remote Pilot Certificate, an FAA exemption covering the Part 137 provisions (and §107.36 hazardous materials carriage for sub-55 lb drones), an Agricultural Aircraft Operator Certificate (AAOC), aircraft registration, and — for pesticides — your state's aerial pesticide applicator license. Drones 55 pounds or heavier add Section 44807 approval and operate under Part 91 rules with an N-number instead of Part 107.
- 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 tells petitioners to file at least 120 days before they need the exemption (14 CFR §11.63(d)), and that's optimistic if your petition is incomplete — the FAA now sends Requests for Information and closes petitions that don't respond with complete operational details. Practical planning number for a first-time operator, petition to AAOC in hand: four to eight months. File in winter if you want to spray in spring.
- 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?
- Almost always, and it's the layer FAA paperwork doesn't cover. States license pesticide applicators — typically a commercial applicator license with an aerial category — through their agriculture departments, and applying restricted-use pesticides adds further requirements. FIFRA label law still applies: the label is the law, including its aerial application provisions. Requirements vary significantly by state, so call your state department of agriculture early.
- Is the FAA cracking down on spray drone operators?
- Yes. The FAA has stated publicly that exemption holders have been operating outside their conditions and limitations, and it now runs operational validations and RFIs — closing petitions that don't demonstrate basics like holding a Part 107 certificate and properly registered aircraft. The era of winging it on a half-configured exemption is ending; operators with clean paperwork will inherit the market.
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.