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6 §151. Agricultural aviation

Title 6: AERONAUTICS

Chapter 8: AGRICULTURE HEADING: PL 1977, C. 678, §34 (NEW)

§151. Agricultural aviation

It shall be unlawful for any person to operate or authorize the operating of any civil aircraft in aerial pest control operations, spraying or dusting farm crops, forests or other land areas, including dispensing of fertilizer seeding or other form of pesticides or poisons, without a permit from the commissioner. [1977, c. 678, §34 (NEW); 1995, c. 504, Pt. B, §10 (AMD).]

The commissioner may issue to any licensed pilot, a permit under such regulations as the commissioner may determine, to operate aircraft in pest control operations, including crop dusting, spraying and dispensing of insecticides and poisons. In those operations, the commissioner may waive regulations concerning altitude of flight. The possession of a permit shall not be a defense in any action for damages resulting from aerial crop dusting, spraying or dispensing of insecticides and poisons, and shall not authorize a private pilot to engage in those operations over property other than his own. [1977, c. 678, §34 (NEW); 1995, c. 504, Pt. B, §10 (AMD).]

It shall be unlawful to conduct agricultural operations inconsistent with Federal Air Regulation, Part 137. [1977, c. 678, §34 (NEW).]

For the purposes of conducting agricultural operations it shall not be unlawful for aircraft to be operated from limited use landing areas, provided the land owners permission has been obtained. [1977, c. 678, §34 (NEW).]

SECTION HISTORY

1977, c. 678, §34 (NEW). 1995, c. 504, §B10 (AMD).

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