Additional Guidance for Landscaping Contractors

04/06/20 - Although landscaping is not specifically listed as an essential service, the New York Empire State Development (NY ESD) has listed “general maintenance” under “Essential Services Necessary to Maintain the Safety, Sanitation and Essential Operations of Residences or Other Essential Businesses.” Certain landscaping functions would appear to qualify under this. 

In addition, the New York Department of Agriculture & Markets (NY DAM) issued guidance that confirmed certain landscaping for maintenance and pest control purposes has been designated as essential.  (https://agriculture.ny.gov/coronavirus)

Finally, please remember that each set of facts must be analyzed on its own.  Generally, the Town is aware of the NY DAM’s new guidance.  However, social distancing must be maintained even for essential services, which is consistent with ESD’s guidance and DOH guidelines.  Based on the current NY ESD and NY DAM guidance, if you are providing landscaping services for property maintenance or pest control purposes, and maintain social distancing, the conduct would seem to fall within the scope of the DAM’s guidance, and the Town will not take any action.  However, please note that, even if the Town does not institute enforcement action, it does not mean that the State cannot do so, or that the guidance will not change, etc.

A letter to Landscapers from James Maisano, Director of the Westchester County Consumer Protection Department. Click to enlarge.