Complete guide to permits and licenses required to start a landscaping in Bismarck, ND. Fees, renewal cycles, and agency contacts.
Required for all LLCs; includes filing Articles of Organization. Renewal via annual report.
Applies to all LLCs; filed online via central filing system.
Landscaping often involves taxable sales of plants/supplies; verify if services are taxable.
Filed via Secretary of State; renewable every 5 years for $10.
Categories include Ornamental & Turf (OT); requires passing exam. Business must employ certified applicators.
Exam required for certification; training available. Applies if landscaping includes fertilization services.
Covers workers' comp; landscaping LLCs typically need coverage for field workers.
Landscaping services are generally non‑taxable in ND unless they include the sale of tangible personal property. Register even if only occasional taxable sales are expected.
Businesses with less than $1,000 in tax liability per year may file quarterly; otherwise monthly filing is required.
LLCs taxed as corporations must file ND corporate income tax; disregarded entities report income on owners’ personal returns.
LLCs taxed as partnerships file Form 1‑S; corporations file Form 1. Attach Schedule K‑1 for members.
Registration provides a ND withholding account number used on quarterly filings.
File electronically via ND e‑Services; include Form 10 and any required attachments.
Provides a UI account number used for quarterly wage reporting.
Submit electronically via the ND Labor e‑Services portal using Form UI‑1.
Landscaping often permitted in agricultural/commercial zones; commercial equipment storage may require special use permit.
Required for any construction over $500 value in most municipalities. Administered by city or county building departments.
Size, lighting, and placement restrictions apply. Portable signs often prohibited.
Landscaping businesses storing gasoline, pesticides, or equipment may require hazardous materials permits.
Required in counties/cities with false alarm ordinances (Bismarck, Fargo, etc.).
Common requirement for businesses hauling mowers, trailers through cities.
Typical quiet hours 10PM-7AM. Written noise permits available for special circumstances.
Must possess ND Dept of Ag pesticide license AND notify county when operating.
North Dakota law requires any employer with at least one employee to carry workers’ comp insurance. The employer may also self‑insure if approved by the state.
North Dakota minimum liability limits are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage.
Private‑sector landscaping work does not require registration. The bond guarantees payment of labor and material claims.
Strongly recommended for landscaping firms to protect against third‑party bodily injury or property damage claims.
Only required if the business provides design or consulting services that could give rise to professional negligence claims.
Recommended to protect against claims of injury or property damage caused by sold products.
Only required if the business obtains a liquor license to serve alcohol, which is unrelated to typical landscaping operations.
The EIN is obtained online and is required for all federal tax filings, payroll, and certain licensing.
LLCs may elect corporate taxation (Form 8832) which would change filing requirements.
Even a single‑member LLC with no employees does not need payroll taxes.
Landscaping falls under OSHA’s construction standards for equipment, fall protection, and hazardous chemicals.
Small employers with fewer than 10 employees are exempt unless a citation requires otherwise.
Although licensing is state‑managed, compliance with the federal WPS is mandatory.
Many states (including North Dakota) administer NPDES permits under EPA authority.
Most typical landscaping operations generate non‑hazardous waste; this requirement applies only if hazardous materials are used or stored.
Landscaping businesses must ensure any claims about services, pricing, or results are truthful and substantiated.
Even small landscaping firms must track hours and pay overtime for hours over 40 per week.
Employers must retain I‑9 forms for 3 years after hire or 1 year after termination, whichever is later.
Most small landscaping firms that only use a pickup truck for fuel may be exempt; larger operations with bulk chemicals must register.
Landscaping businesses do not have any FAA‑related licensing or reporting obligations unless they operate aircraft, which is not typical.
Requires proof of liability insurance and, if applicable, proof of workers’ compensation coverage.
Must complete required continuing education (minimum 8 CE hours) before renewal.
Both cities require a separate license even if the state sales tax permit is held. Fees are tiered by gross receipts; exact schedule is on each city’s website.
Landscaping businesses that buy equipment, plants, or materials from out‑of‑state sellers must self‑assess use tax.
Landscaping businesses must obtain if operating in incorporated cities like Fargo. Check specific city code. Rural areas typically exempt.
Landscaping services that include sale of plants, soil, mulch, or hard‑scape materials are taxable.
Members must report their share of LLC income on their personal returns.
Payments can be made electronically via the ND Revenue portal.
Employers must also remit UI contributions with each report.
Report includes payroll totals and any workplace injuries.
Minimum 8 CE hours required; topics include safety, business practices, and pesticide handling.
Include OSHA 300A, Minimum Wage, Family & Medical Leave, etc.
Includes ND Minimum Wage, Workers’ Compensation, Unemployment Insurance, etc.
Renewal often requires proof of state licensing and insurance.
Inspection focuses on safe storage of gasoline, propane, and fire extinguishers.
Includes tax returns, payroll records, licensing documents, and insurance certificates.
Restrictions on equipment storage, traffic, noise. Not allowed if commercial vehicles parked visibly. Varies by city zoning ordinance.
The Federal Trade Commission (FTC) regulates advertising and consumer protection, ensuring landscaping businesses are truthful in their marketing and don't engage in deceptive practices. Compliance with FTC rules, including the Green Guides, is required and can involve varying fees.
The IRS requires landscaping businesses to fulfill federal income and self-employment tax obligations, and to maintain accurate records for tax purposes. Professional liability insurance is also required, with fees ranging from $500.00 to $2000.00.
No, the U.S. Small Business Administration (SBA) indicates that no federal industry-specific license is required for landscaping businesses. However, you still need to comply with other federal regulations like FTC advertising rules and IRS tax obligations.
Obtaining an Employer Identification Number (EIN) from the IRS is a required step for many landscaping businesses, but the IRS does not charge a fee for applying for an EIN. It is a free service.
The Business Structure and Ownership Reporting (BOI) report is a new requirement from the Financial Crimes Enforcement Network (FinCEN). It requires reporting information about beneficial owners of businesses to help prevent financial crimes, and fees vary.
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