Question 1

Does my landscaping contractor need pollution liability insurance?

Accepted Answer

Yes, if they apply any fertilizers, herbicides, pesticides, or chemical treatments. Standard GL policies exclude pollution events, meaning a chemical overspray that damages a tenant's vehicle or causes a health complaint would not be covered. Require at least $500K in pollution liability and verify the contractor holds the appropriate state pesticide applicator license.

Question 2

Should tree work be covered under the landscaping contract or separately?

Accepted Answer

Tree work (removal, pruning, stump grinding) is significantly higher risk than standard landscaping and carries different WC class codes with much higher rates. Many landscaping GL policies exclude or limit tree work above a certain height. For any significant tree work, either require the landscaper to confirm their policy covers it without exclusion, or hire a dedicated tree service contractor with appropriate coverage.

Question 3

What auto coverage should a landscaping contractor carry?

Accepted Answer

Require $1M combined single limit on commercial auto covering all owned vehicles, plus hired and non-owned auto coverage. Landscaping contractors operate trucks and trailers on public roads and within your property daily. Their vehicles and equipment trailers create regular exposure to third-party property damage and bodily injury claims.

Question 4

How do I handle a landscaping contractor's seasonal employees?

Accepted Answer

Many landscapers hire seasonal workers during peak growing season, which can create workers' compensation gaps if coverage is not properly maintained. Verify that the WC policy covers all employees including seasonal and temporary workers. Request updated COIs at the start of each season to confirm coverage limits and employee counts are current.

Question 5

Do landscaping contractors in South Dakota need a license?

Accepted Answer

Licensing requirements for landscaping contractors vary by municipality in South Dakota. Check with your local licensing board and always request proof of current licensure on the COI.

Question 6

What happens if my landscaping contractors's insurance expires in South Dakota?

Accepted Answer

In South Dakota, you as the property manager could be held liable for injuries or damages caused by an uninsured landscaping contractors on your property. South Dakota courts have consistently ruled that property owners have a duty to verify contractor insurance before allowing work to begin.

Coverage Type	Recommended Minimum	Notes
General Liability	$1,000,000 / $2,000,000	Standard $1M/$2M for grounds maintenance. Hardscape installation and irrigation work may warrant higher limits. Verify coverage for chemical application if the contractor applies fertilizers or pesticides.
Workers Compensation	Required (1+ employees)	SDCL § 62-3-2 requires WC for all employers with 1+ employees. Sole proprietors and partners may elect to be included.
Commercial General Liability	$1,000,000 / $2,000,000	Must cover property damage from equipment operations. Verify no exclusion for damage caused by commercial mowers or chemical application.
Workers' Compensation	Statutory limits	Landscaping involves heavy machinery, chemical exposure, and repetitive physical labor. Required for all landscaping companies with employees.
Commercial Auto	$1,000,000 combined single limit	Landscaping contractors operate trucks, trailers, and equipment carriers on public roads and your property. Ensure coverage includes hired and non-owned auto.
Pollution Liability	$500,000	Required for landscapers who apply fertilizers, herbicides, or pesticides. Chemical overspray or runoff claims are excluded from standard GL policies.
Inland Marine / Equipment	$100,000	Covers commercial mowers, skid steers, and other equipment. Not directly a PM requirement but indicates a professional, well-insured operation.

Landscaping Contractors Insurance Requirements in South Dakota

Landscaping Contractors Insurance Requirements in South Dakota

Frequently Asked Questions

Track Landscaping Contractors COIs in South Dakota Automatically