By Dominic Davis, Attorney, SW&L Attorneys
In today’s ever-changing landscape of modern agriculture, drones are one tool in a farmer’s arsenal that allow them to maximize resilience and productivity. Since 2016, universities in over 20 states have collaboratively delved into drone research for agricultural applications. The collaboration has since produced innovative drone systems capable of identifying pests and diseases in fruits, assessing crop irrigation needs, expediting crop measurements, spotting stray livestock, creating 3D models of animals to calculate market value, monitoring water quality, and determining flood risks.
This article will delve into the new techniques that drone pilots are using to revolutionize the agriculture industry and some of the potential regulations that may impact those operations.
Pesticide Application
Among the many uses of drones in agriculture, a notable application is their ability to replace conventional methods of applying pesticides, herbicides, and fungicides. Unlike conventional methods such as manual backpack sprayers, tractor pulled rigs, and crop dusting performed by manned helicopters or airplanes, drones offer reduced operator exposure to the chemicals. Drones also have the ability to access areas that may be inaccessible for traditional manned crop sprayers, such as near power lines, meteorological evaluation towers (MET) towers, and areas with rough or muddy terrain. Their takeoff flexibility, unlike traditional crop sprayers, is also advantageous since they can be launched from the back of a pickup without any runway for takeoff and landing.
Livestock Tracking
Another field of agriculture where drones are getting off the ground is in tracking livestock. This practice, although relatively new, has been happening for some time by colleges and universities such as the University of North Dakota. Tracking can often be done by aerial counts or even thermal imaging if necessary. In 2019, a UND biology professor used the technology to track bison in the Theodore Roosevelt National Park. The advantage of using drones is that you no longer have to place tracking devices on large animals such as bison, which can be a daunting and dangerous task for anyone willing to attempt it.
Crop Imaging & Pest Identification
An additional prominent area of agriculture where drones are being utilized is in crop imaging and pest identification. Both are crucial steps in ensuring a healthy yield. One 2019 study that was performed in Minnesota demonstrated that drones were able to spot Soybean Aphids by utilizing what is called Multispectral Imagery. Multispectral Imagery was a technology that was initially used by the military to identify targets, but has now been used for various purposes. Multispectral imaging takes a series of photographs in different wavelengths, both visible to the human eye (reds, greens, and blues) and not visible (infrared), to identify potential pests by utilizing computer algorithms and artificial intelligence to identify a certain pest or anomaly.
Earlier this year, the North Dakota Legislature approved $275,000 in funding to the ND Department of Agriculture to use for grants for drone detection of noxious weeds in four counties: Traill, Cass, Richland and Barnes. The primary focus of the project is on sugar beet and soybean fields to look for the noxious weed Palmer amaranth and others.
Regulating Drones in Agricultural Operations
The flying of drones is generally regulated by the Federal Aviation Administration (FAA). The FAA has promulgated a number of regulations that can apply depending on the intended use of the drone, the weight of the drone, and various other factors. Although each situation is fact specific, here is a good starting point for any farmer or entrepreneur looking to learn how to start their drone operations.
Recreational Use vs. Commercial Use
The first and arguably the most prominent regulation that will be relevant to a farming operation is what is commonly referred to as Part 107. Part 107 is housed within Title 14 Subchapter F within the Code of Federal Regulations. Some of the main provisions within Part 107 are covered below.
If an individual wishes to fly a drone for commercial purposes such as agricultural operations, they first need to obtain certification under Part 107. To acquire a drone pilot certificate under Part 107, you must be: (1) at least 16 years old, (2) able to read, write, and understand English, and (3) in a physical and mental condition to safely fly. You must also take the knowledge test created by the FAA at an approved test center. The test will cover general flight basics and restrictions as well as questions specific to the operation of drones. Current pilots flying under a Part 61 Certification who have completed a flight review within 24 months can instead opt to take an online training course through the FAA Safety Team Website. The test covers drone-specific areas of knowledge to supplement a pilot’s prior knowledge of aviation regulations.
Federal Registration & Remote ID
will cover general flight basics and restrictions as well as questions specific to the operation of drones. Current pilots flying under a Part 61 Certification who have completed a flight review within 24 months can instead opt to take an online training course through the FAA Safety Team Website. The test covers drone-specific areas of knowledge to supplement a pilot’s prior knowledge of aviation regulations.
Remote ID is a technology that broadcasts the identification and location information of the drone and its control station. The remote ID can be tracked by the FAA, national security agencies, law enforcement, or other government agencies to determine whether the drone is being operated safely and whether it poses a security risk. Some older drones may not have Remote ID so it is important to know if your drone is equipped with a module or whether you will need to buy an aftermarket kit to bring your drone into compliance.
It’s worth noting that once a drone is registered, transferring it between operation types (e.g., from Part 107 commercial purposes to solely recreational purposes) isn’t possible. To register your drone, the FAA requires that you be at least 13 years old and a U.S. citizen or legal permanent resident. For foreign applicants, the issued certificate of registration will possess slight variations and will serve as an acknowledgement of ownership rather than a U.S. aircraft registration certificate. Regardless of the type of registration obtained, registering your drone remains one of the initial steps in drone operations.
Weight Limits
If you are operating under Part 107, your drone should not weigh more than 55 pounds at takeoff. This includes any cargo onboard or attachments to your drone. If your drone weighs more than 55 pounds you will have to apply for an exemption and also register your drone differently. If both of those are achieved through the FAA, the North Dakota Administrative Code also limits the maximum weight of aerial application drones to 500 pounds. If you operate beyond the allowed weight without the proper certifications, operators can face penalties including revocation of your Part 107 certification.
Other Certifications & registration Requirements
If you are planning to operate a drone for aerial applications, you will also be required to obtain a certificate under Part 137. Part 137 specifically addresses the use of drones to dispense any substances such as pesticides or even disinfectants. North Dakota also requires all drone applicators to meet certain safety requirements and receive licensing from the ND Aeronautics Commission.
Conclusion
As the agricultural sector embraces drone technology, the revolutionary influence has become apparent across different facets of farming. From aerial photos to crop monitoring to pesticide application, the sky’s the limit of drone possibilities. However, with these continuous advancements in the field and technology, laws and regulations will limit how drones may be used. As a result of the ever-changing legislation and often confusing results, it’s important to be constantly aware of the laws of the sky before you fly. Although this article provides some of the pertinent regulations, others may also apply so it’s always best to consult with an attorney before any agricultural drone operations.
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