§135.3. Aerial applicators; discrimination prohibited; conditions for use of public airports

            A.(1) No city, town, or other political subdivision of this state which establishes airports or landing fields, or which acquires, leases, or sets apart real property for such purposes shall use any aspect of its authority to discriminate against the use of such airports or landing fields by any aerial applicator appropriately licensed by the Department of Agriculture and Forestry for aerial application of seeds, fertilizers, or pesticides, provided that such aerial applicator complies with all regulations as may be promulgated by the airport owner or operator or the Department of Transportation and Development for the furtherance of flying safety and protection of the airport environs.

            (2) In the event that any airport authority objects to the use of its facilities by a licensed aerial applicator, the office of agricultural and environmental sciences of the Department of Agriculture and Forestry shall upon request send a representative to inspect and monitor the field prior to, during, and after the use by the aerial applicator to ascertain if any harmful chemicals and other residues remain as a result of the use by the aerial applicator. If the commissioner of the Department of Agriculture and Forestry determines that the applicator is or has been in violation, the commissioner shall have the authority to suspend the offending applicator from further use of the airport or landing strip.

            B.(1) As a condition of using a publicly owned airport or landing field within this state, or participation in an airport priority program, any aerial applicator licensed by the Department of Agriculture and Forestry shall operate a functioning aircraft transponder consistent with applicable federal aviation regulations, including but not limited to an Automatic Dependent Surveillance-Broadcast (ADS-B Out) system compliant with 14 CFR 91.225 or a Mode C transponder compliant with 14 CFR 91.215, and an operable two-way radio capable of communicating with airport traffic or advisory services when such services are available.

            (2) The requirements of this Subsection shall apply solely during the operation of an aircraft in connection with takeoff from or landing at a public airport or landing field for the purpose of public safety and coordination of airport surface and traffic operations.

            (3) An aerial applicator operating at a publicly owned airport or landing field within this state that does not have an operating control tower shall follow the standard traffic pattern as recommended by the Federal Aviation Administration, unless any of the following occurs:

            (a) Safety considerations require deviation.

            (b) Wind conditions, runway configuration, or aircraft performance characteristics dictate otherwise.

            (c) Receipt of direction from air traffic control or Federal Aviation Administration guidance.

            C. Nothing in this Section shall be construed to circumvent the rules, regulations, or orders of the Federal Aviation Administration which, as the agent of the federal government, promulgates rules, regulations, and orders which are the national standard for aviation and airport safety and operations.

            Acts 1997, No. 76, §1; Acts 2008, No. 52, §1, eff. June 5, 2008; Acts 2026, No. 825, §1.