|
|
|
 |
| Information |
|
Landscape maintenance is unregulated in Oregon and does not require a license with the State of Oregon. However, you should check with your city or county for local license or permit requirements. You should also check with the Secretary of State regarding registering your business name.
|
|
|
| Frequently Asked Questions |
|
What is considered landscape maintenance work?
Landscape maintenance means mowing, edging, some pruning, weeding, placement of bark dust, application of fertilizer, adjusting sprinkler heads and programming irrigation controllers; basically the upkeep of already-installed landscaping. It also includes the planting of outdoor pots and containers when the pots and containers can be placed without the use of power equipment when empty or filled.
Do I need a landscape contracting business license issued by the LCB to do landscape maintenance?
Landscape maintenance is not a state-regulated trade. However, you should check with your city or county for local license or permit requirements.
May I do actual landscaping work other than maintenance without a landscape contracting business license?
If you are performing maintenance work for a regular customer during the year you may do “replacement planting”. However you are limited up to $500 worth (labor and materials) for this type of landscape work per job site, per year, and the landscaping work you do must be of a casual, minor, or inconsequential nature.
What is “casual, minor or inconsequential”?
This work includes the replacement of shrubs, vines, trees and nursery stock which are similar in habit and culture; the replacement of existing lawns, the planting of annuals, perennials and bulbs in existing beds; the replacement of non-concrete landscape edging; the replacement of three or fewer malfunctioning sprinkler heads with heads of the same or of a similar type and hydraulic equivalency. It does not include the construction of new planting areas or the construction or repair of arbors, decks, patios, driveways, fences, retaining walls, walkways, concrete landscape edging or ornamental water features, drainage systems or irrigation systems; or the maintenance of irrigation systems with the use of compressed air. A landscape maintenance business may not advertise for casual, minor or inconsequential work.
May I repair irrigation/sprinkler systems that are already installed?
Only a licensed landscape contracting business may install or repair irrigation/sprinkler systems. You may however, replace up to three sprinkler heads of the same or similar type and hydraulic equivalency.
May I prune or remove trees?
You may prune trees up to a height of no more than 15 feet above ground level, removal of trees up to 15 feet in height where the diameter of the tree is 4 inches or less when measured at 6-12 inches above soil line. Limbs may be removed when the diameter of the limb is 3 inches or less at its origin. Anything above that requires a Construction Contractors business license.
May I plant trees?
You may plant a tree only if you are performing regular landscape maintenance for the customer and are replacing another tree with one of similar habit and culture and stay under the $500 (labor & material) limit (see casual, minor or inconsequential definition above).
If someone asks me to install a flowerbed or garden plot do I need to be licensed?
Yes, unless the bed is existing and you are changing flowers ($500 limit) or planting vegetables (see casual, minor or inconsequential definition above).
What if I’m asked to replace a section of lawn? Do I need to be licensed?
You may do patch repair work to fill-in or even-out the lawn area for a regular maintenance customer. This is casual, minor, or inconsequential in nature. Keep in mind that you cannot exceed the $500 limit (see casual, minor or inconsequential definition above).
What if I’m asked to repair a concrete walkway while I am doing maintenance work?
This is not considered maintenance work. This would require a license with the Landscape Contractors Board or the Construction Contractors Board.
Can I spread gravel for a walkway when it is part of the maintenance work?
You can “refresh” the gravel, but you cannot create the walkway or install edging.
What if I perform over $500 worth of landscaping work, but do not charge for it, do I have to be licensed?
No, as long as you are not compensated for that work in any way. Compensation means payment made or value received in the form of money, goods, or services in return for landscape work. Bartering is considered compensation.
When does maintenance work become landscaping work that needs a license?
The minute you begin installing lawns, shrubs, vines, trees and other nursery stock, or when you install or repair irrigation or drainage systems or install arbors, decks, patios, driveways, fences, retaining walls, walkways, or ornamental water features you are performing landscaping work.
What if I only design landscapes and I don’t install?
No license is required as long as the designs do not include construction details and specifications.
Can I subcontract to have the work performed?
You would be required to have a landscape contracting business license in order to arrange and contract for the installation of the work.
Can I advertise for landscape maintenance?
Yes. A landscape maintenance business may use a form of the word “landscape” in the business name only if the title clearly indicates the maintenance nature of the business, i.e. “XYX Landscape Maintenance” or “XYZ Yard Care”. You may not advertise for “casual, minor or inconsequential” landscape work. You cannot advertise under the heading “landscape contractor” or any other heading that indicates you may be a landscape contracting business.
Do I need to be licensed to apply pesticides?
The Department of Agriculture issues Pesticide Applicators Licenses. You can contact them at 503-986-4635.
If you would like to apply for either your landscape construction professional license or the landscape contracting business license, you may download the applications and qualification from the forms section of our website.
|
|
|
| Tips For Advertising Your Maintenance Business |
|
|
KEY WORDS TO AVOID USING IN YOUR ADVERTISING
(unless licensed with the Landscape Contractors Board)
landscaping (unless followed by a word such as maintenance)
landscape (unless followed by a word such as maintenance)
landscaper
install, installation
repair
plant, planting
sprinkler systems
irrigation
construction
replace lawn or sod
You may not advertise under the heading of “Landscaping” or “Landscape Contractors” in any advertising media. You may place an ad under a heading such as “Yard Work” or “Yard Maintenance” or “Lawn Maintenance”.
You may use the title “landscape” in your business name, but it must be follow by something that clearly shows the maintenance nature of the business, such as “Joe’s Landscape Maintenance Company”.
A landscape maintenance business may not advertise for casual, minor or inconsequential work. This work includes the replacement of shrubs, vines, trees and nursery stock which are similar in habit and culture; the replacement of existing lawns, the planting of annuals, perennials and bulbs in existing beds; the replacement of non-concrete landscape edging; the replacement of three or fewer malfunctioning sprinkler heads with heads of the same or of a similar type and hydraulic equivalency. (Only a licensed landscape contracting business may install or repair irrigation/sprinkler systems.) A maintenance business may perform this casual, minor or inconsequential work for a customer that is on contract for on going maintenance (if less than $500 for labor and material) but can not advertise for these services.
Examples of written advertising are: Craigslist, business cards, telephone directory display ads, brochures, flyers
If you have questions about what you may or may not advertise please call the Landscape Contractors Board for clarification to avoid a civil penalty.
|
|
| |
|
|
