The following definitions apply in this Chapter:

(1)        Board. – The North Carolina Landscape Contractors’ Licensing Board.

(2)        Landscape construction or contracting. – The act of providing services as a landscape contractor, as defined in this section, for compensation or other consideration.

(3)        Landscape contractor. – Any person who, for compensation or other consideration, does any of the following:

a.         Engages in the business requiring the art, experience, ability, knowledge, science, and skill to prepare contracts and bid for the performance of landscape services, including installing, planting, repairing, and managing gardens, lawns, shrubs, vines, trees, or other decorative vegetation, including the finish grading and preparation of plots and areas of land for decorative utilitarian treatment and arrangement.

b.         Practices the act of horticulture consultation or planting design for employment purposes.

c.         Constructs, installs, or maintains landscape drainage systems and cisterns; provided the landscaping contractor makes no connection to pipes, fixtures, apparatus, or appurtenances installed upon the premises, or in a building, to supply water thereto or convey sewage or other waste therefrom as defined in N.C. Gen. Stat. § 87-21

d.         Designs, installs, or maintains low-voltage landscape lighting systems, provided (i) the work does not exceed the scope of the exception set forth in N.C. Gen. Stat. § 87-43.1(7) and (ii) the low-voltage lighting systems do not exceed 50 volts and constitute a Class II or Class III cord and plug connected power system.

e.         Engages in the construction of garden pools, retaining walls, walks, patios, or other decorative landscape features.

(4)        Person. – An individual, firm, partnership, association, corporation, or other legal entity. ?(2014-103, s. 3(b).)

Terms Used In North Carolina General Statutes 89D-11

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.