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| Frequently Ask Questions |
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What is considered yard/landscape maintenance work? Landscape maintenance means trimming, some pruning, mowing, upkeep of already-installed landscape projects and the planting of annuals, perennials and bulbs in existing beds.
Do I need a Landscape Contractors Board business license to do yard/landscape maintenance? Landscape maintenance is not presently a state-regulated trade. However, you should check with your city or county for local requirements.
Do I need a Landscape Contracting Business license to weed flowerbeds? This work is also considered maintenance work and therefore does not require you to have a Landscape Contracting Business license.
May I do actual landscaping work other than maintenance without a Landscape Contracting Business license? If you are performing work for a customer that during the year receives primarily landscape maintenance services from you. However you are limited up to $500 worth (labor and materials) of landscape work per job site, per year, and the work you do must be of a casual, minor, or inconsequential nature. You are not allowed to install or repair irrigation or drainage systems, or construct or repair arbors, decks, patios, driveways, retaining walls, fences, walkways or ornamental water features. You are not allowed to install landscape edging but can replace non-concrete landscape edging.
What is “casual, minor or inconsequential?” Casual, minor or inconsequential work includes the replacement of trees and nursery stock with varieties that are similar in habit and culture; the reseeding of existing lawns, the decorative placement of rock (3” in diameter or less); 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; the adjustment of sprinkler head nozzles and the programming of irrigation controllers. It does not include the construction of new planting areas or the construction or repair of arbors, decks, patios, driveways, fencing, retaining walls, walkways, or ornamental water features or the installation of landscape edging. “Casual, minor or inconsequential” work does not include the construction or repair of drainage or irrigation systems.
May I repair irrigation/sprinkler systems that are already installed? Repairing of irrigation/sprinkler systems is not casual, minor, or inconsequential work. 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 on a system without being licensed. This is to allow the maintenance person to replace a sprinkler head if broken while working.
May I prune trees? You may prune trees up to 15 feet above ground level when the diameter of the limb is three inches or less. You may also remove trees up to 15 feet in height when the diameter of the tree is four inches or less at ground level. Anything above that requires a Construction Contractors Board (CCB) business license.
May I plant trees? You may plant a tree only if you are replacing another tree with one of similar habit and culture and stay under the $500 (labor & material) limit. Anything above the $500 limit requires a Landscape Contracting Business license.
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 vegetables.
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 customer that in a calendar year receives landscape maintenance services from your business. This is casual, minor, or inconsequential in nature. Keep in mind that you cannot exceed the $500 limit.
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 in the form of money, goods, or services in return for landscape work. Bartering is considered compensation.
When does maintenance work become landscape 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 systems, or install or repair retaining walls, landscape edging and ornamental water features you are performing landscape contracting work.
What if I only design landscapes and I don’t install, but I do subcontract to have the work done? You would be required to have a Landscape Contracting Business license.
Can I advertise for landscape maintenance? Yes, but there are conditions. If the word “landscape” is included in your business name, this word must be followed by another word that indicates the maintenance nature of your business such as “XYZ Landscape Maintenance Company” (Landscape Gardening” is not allowed). You cannot advertise under the heading of “landscape contractor” or any other heading that indicates you may be a Landscape Contracting Business in any advertising media, but you are allowed to advertise under other appropriate headings without a license.
Do I need to be licensed to apply fertilizer or to use pesticides? The Landscape Contractors Board does not issue this type of license. The Department of Agriculture issues the Pesticide Applicators License. You can contact them at 503-986-4635.
Can I spread barkdust? Yes, this is not considered installation.
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| Difference Between contracting and maintenance |
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A landscape construction professionalis a person who prepares the land, does the planning and installs lawns, shrubs, trees and other nursery stock on residential or commercial property. The person also installs water features, irrigation systems, fences, decks, arbors, patios, landscape edging, walkways, driveways and retaining walls. This work, if done for compensation, requires that the person work for or own a landscape contracting business that is licensed with the Oregon Landscape Contractors Board (LCB). This license is in addition to any local business licenses that may be required in your area.
Yard maintenance work is unregulated in Oregon and does not require a license with the state of Oregon (local business license may be required). This work is performed on an existing landscape and includes: mowing, pruning (up to 15 feet from ground), edging, power sweeping, raking, fertilizing, barkdusting and the planting of annuals and perennials in existing beds (limited). The repair of irrigation or drainage systems, the building of retaining walls, or other construction work is not included. However, a person doing yard maintenance work can replace existing lawns, trees and shrubs to a limit of $500.00 per job site per year without obtaining a state license with the LCB.
If you are a person who:
- likes to work outside in any weather;
- likes hard physical work,
- likes working with people; and
- may want to someday own your own business (be your own boss),
then this industry has a lot to offer you.
You may not make a lot of money right away but as your experience, knowledge, client base, client relationships and expertise grow your marketability will be enhanced which may, with proper business practices, lead you to your financial goals. Always remember a good business plan is the starting point of any business venture. People “do not plan to fail, they just fail to plan” (anon)
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