Executive Summary (TL;DR)
In Alabama, the law distinguishes clearly between "lawn maintenance" and "landscape horticulture." Simple mowing and edging require only a local business license. However, Landscape Design (LD), Setting of Landscape Plants (SLP), and Tree Surgery (TS) are professional services regulated by the ADAI and require a Horticulture Professional Services License. Crucially, the application of any chemicals—including fertilizers and weed killers—requires an Ornamental and Turf Pest Control (OTPS) license. Hiring an unlicensed landscaper for design or chemical work leaves the homeowner with no recourse for dead plants or environmental damage. Vetting requires matching the specific license (SLP, TS, OTPS) to the scope of the project.
Deep Dive: Regulatory Framework and Vetting Protocol
The "Mow & Go" vs. The Horticulturist
Homeowners often assume any "landscaper" can perform any yard task. Legally, this is incorrect.
- Lawn Service (Maintenance): Services limited to mowing, edging, and blowing do not require a state-level competency license, only a city/county business license for tax purposes.20
- Horticulture Professional Services: The ADAI requires a license for "Professional Services" involving the "Setting of Landscape Plants" (SLP) and "Landscape Design" (LD).18
The Risk: An unlicensed operator planting expensive shrubs lacks the proven knowledge of soil biology and root systems tested by the state. If $5,000 worth of plants die due to improper installation (e.g., planting too deep), the homeowner has no leverage against an unlicensed entity.
The Chemical Application Rule (OTPS)
This is the most frequent violation in the industry.
The Statute: No person can apply pesticides (including pre-emergents, Roundup, or "Weed and Feed" fertilizers) for compensation without an Ornamental and Turf Pest Control (OTPS) license.18
- Environmental Stakes: Improper application leads to chemical runoff into Huntsville's storm drains, which feed into the Tennessee River. It can also burn the lawn or poison pets.
Verification: Ask to see the OTPS permit. A landscaping truck without a decal or a specific license number usually indicates the company is not authorized to spray chemicals.
Tree Surgery (TS) License
Tree removal is one of the most dangerous professions. Alabama requires a specific Tree Surgery (TS) license for this work.18
Insurance is Paramount: The potential for damage (dropping a limb on a roof or car) is high. A standard General Liability policy is necessary, but Workers' Compensation is critical. If a tree worker falls and is injured on the homeowner's property and the company lacks Workers' Comp, the homeowner could be sued for medical costs.
Vetting Strategy: Demand a Certificate of Insurance specifically showing Workers' Comp coverage. Many small operators drop this coverage to save money.
Vetting for Design Projects
For projects involving hardscaping (pavers, retaining walls) and planting:
- Contract Detail: The contract should specify plant species, pot size (e.g., "3-gallon Azalea"), and hardscape materials.
- Warranty: A professional landscaper typically offers a warranty on plant survival (e.g., 6 months to 1 year), provided the homeowner waters them.
- Portfolio: Ask for addresses of projects completed 2-3 years ago. Go look at them. This reveals how their design and plant choices hold up over time.
Key Takeaways
- Scope-Matched Licensing: Verify the specific license for the task: SLP for planting, TS for tree work, and LD for design; a mowing license covers none of these.
- Chemical Authorization: Strictly forbid any contractor from applying fertilizers or weed killers unless they hold a valid OTPS (Ornamental & Turf Pest Control) license.
- Workers' Comp Mandate: For tree surgery, insist on proof of Workers' Compensation insurance to protect against liability for worker injuries on the property.
- Plant Warranty: Ensure the contract includes a survival warranty for new plantings, specifying the duration and conditions for replacement.
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