Aerial Spraying

To spray an approved pesticide over a city, approval must be given by the Department.

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Liz Trythall (ektrythall@nd.gov).


Rules

The rules pertaining to aerial spraying are contained in Chapter 33-15-10 of the North Dakota Air Pollution Control Rules.
  1. Establish whether the proposed application is aerial, and if it is, intended to occur over a populated area. Ground fogging or aerial applications over rural areas do not require approval from the Division of Air Quality; only certification and training from the State Ag Department and/or FAA and the State Aeronautics Board.

  2. Spraying must be done by a certified aerial applicator. Certification is through the State Ag Department. Aerial sprayers must also be registered with the FAA and the State Aeronautics Commission.

  3. Spraying must be done with ultra low velocity (ULV) spraying equipment. (Very few crop sprayers are so equipped.)

  4. Only EPA registered pesticide may be used unless waived by a public health emergency declaration. Chemical pesticides are the most common for mosquitoes. Biological pesticides are common for cankerworms.

  5. The applicant must establish a means for notifying the public of when the spraying is to take place, so that at-risk individuals can take precautions.

  6. All spraying must be done in accordance with FAA guidelines and follow reasonable procedures to minimize negative environmental impacts. Considerations include, but are not limited to: time of day, day of week, ambient temperature, wind speed/direction and proximity to shorelines and other natural resources.

  7. Return the signed Permit Application form to the Department at the following address:

    1. North Dakota Department of Health
      Division of Air Quality
      918 East Divide Avenue, 2nd Floor
      Bismarck, ND 58501

Upon review, the form is signed by the Air Quality Division Director. A copy of the signed form is returned (mailed, faxed, or emailed) to the requesting party, which is usually the aerial applicator, and becomes the written approval required by NDAC 33-15-10 .

Aerial Application of Pesticide

Last Updated: 05/11/2015

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