Overview
Our position is: We want to be recognized as a professional trade (landscape contracting) based on knowledge, skill, training, best management practices, sustainable business practices and continuing education that is in control of our own industry.
Definition of Landscape Contractor
Any person who, for compensation or other consideration engages in the business requiring the art, experience, ability, knowledge, science and skill to:- Install
- Plant
- Prepare estimates and contracts
- Repair and maintain gardens, lawns, shrubs, vines, trees or other decorative vegetation
- Grading and preparation of plots and areas of land for decorative treatment and arrangement
- Practices the act of horticulture consultation or planting design for employment purposes
- Constructs, installs, or maintains landscape drainage systems or stream bed restoration
- Engages in the incidental construction of garden pools, fountains, pavilions, retaining walls, fences or walks, arbors, patios, driveways, green roof systems, rain water harvesting systems or cisterns
Exemptions
- Any federal, State, or local governmental agency performing landscaping on public property.
- The North Carolina Department of Transportation (NCDOT). However, for landscape installations or establishment periods for any project that exceeds the current contract amount requiring performance and payment bonds according to State law, NCDOT shall require a licensed landscape contractor to perform the work. NCDOT, at its discretion, may require a licensed landscape contractor for landscape projects of any cost.
- Any property owner performing landscape work on his or her own property.
- Any person or business owning or operating a golf course.
- Any landscaping work where the price of all contracts for labor, material, and other items for a given job site during any consecutive 12 month period is less than two thousand five hundred dollars ($2,500).
- Any person or business licensed pursuant to Article 1 of Chapter 87 of the General Statutes who possesses a classification under G.S. 87 10(b) as a building contractor, a residential contractor, or a public utilities contractor when the contractor uses the contractor's own employees to perform landscape construction or contracting. A public utilities contractor exempted by this subdivision may only perform the activities described in G.S. 87 10(b)(3)a.
- Any person or business licensed as an electrician under Article 4 of Chapter 87 of the General Statutes and installing low voltage lighting.
- A plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes who performs only the following work: installation, repairs, or maintenance of water mains, water taps, services lines, water meters, or backflow prevention assemblies supplying water for irrigation systems or repairs to an irrigation system.
- A professional engineer licensed pursuant to Chapter 89C of the General Statutes.
- A professional landscape architect licensed under Chapter 89A of the General Statutes.
- An individual or a business engaged in any of the following activities in performing that activity:
- Clearing and grading plots and areas of land.
- Erosion control.
- Arboriculture, including consultations on pruning and removal of trees.
- North Carolina Department of Agriculture and Consumer Services certified sod producers that install sod, seed, or plugs.
- Landscape construction performed by utilities contractors for the purpose of grading and erosion control.
- Lawn mowing, turf edging, and debris removal services.
- Turf management or lawn care services only, including fertilization, aeration, weed control, or other turf management or lawn care practices other than mowing or edging.
- Design, installation, and maintenance of on site wastewater disposal or reuse systems within the on site wastewater permit specifications.
Surety Bond Requirements
The current legislation sets the surety bond or letter of credit requirements at $10,000.00 (ten thousand) annually.
The surety bond or letter of credit shall be approved by the Board as to form and shall be conditioned upon the obligor faithfully conforming to and abiding by the provisions of this Chapter. Any person claiming to be injured by an act of a licensed landscape contractor that constitutes a violation of this Chapter may institute an action to recover against the licensee and the surety.
Fees
The Board may impose the following fees not to exceed the amounts listed below:- Application fee.............................................................. $100.00
- Examination fee.............................................................. $250.00
- License renewal............................................................... $100.00
- Initial corporate, limited liability company, partnership, or trade name license......................................................... 100.00
- Corporate, limited liability company, partnership, or trade name license renewal............................................ 100.00
- Late renewal fee ................................................................ $50.00
- Reinstatement fee............................................................... 500.00
- License by reciprocity..................................................... $250.00
- Duplicate license ............................................................... $25.00
When the Board uses a testing service for the preparation, administration, or grading of examinations, the Board may charge the applicant the actual cost of the examination services and a pro rated portion of the examination fee.
Continuing Education Credit (CEU)
The CEU requirement in the legislation is 7 CEU’s annually.Grandfathering
Any person, who on or before December 31, 2011, meets at least one of the following criteria shall be issued a landscape contractor's license by the North Carolina Landscape Contractors' Licensing Board, without the requirement of examination, upon submission of a completed application and payment of the application fee on or before August 1, 2012:- Is registered as a landscape contractor.
- Is licensed as an irrigation contractor.
- Is certified as a turf grass professional.
- Has 10 years of documented experience in the person's own business as a landscape contractor or 10 years of documented experience as an employee in a landscape contracting business, meets all other requirements and qualifications for licensure as a landscape contractor, and has one of the following:
- One year of credit for a two year degree in related educational training.
- Two years of credit for a four year degree in related educational training.
- Up to two years of credit for education or business experience in general business management.
Landscape contractors currently registered under Chapter 89D of the General Statutes shall not be required to renew the registration for the 2012 calendar year to qualify for the landscape contractor's license, as enacted by Section 1 of this act.