North Carolina General Statutes 89D-13. Exemptions
The provisions of this Chapter shall not apply to the following:
(1) Any federal, State, or local governmental agency performing landscaping on public property.
Terms Used In North Carolina General Statutes 89D-13
- Contract: A legal written agreement that becomes binding when signed.
- 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
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) 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.
(3) Any property owner performing landscape work on his or her own property.
(4) Any person or business owning or operating a golf course.
(5) 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 thirty thousand dollars ($30,000). A local governmental unit shall not enact a local ordinance or regulation requiring licensure for landscaping work performed pursuant to this subdivision.
(6) A general contractor licensed under Article 1 of Chapter 87 of the N.C. Gen. Stat. who possesses a classification under N.C. Gen. Stat. § 87-10(b) as a building contractor, a residential contractor, or a public utilities contractor.
(7) Any person or business licensed as an electrical contractor under Article 4 of Chapter 87 of the N.C. Gen. Stat. who is designing, installing, or maintaining any electric work, wiring, devices, appliances, or equipment.
(8) Any person or business licensed as a plumbing contractor under Article 2 of Chapter 87 of the N.C. Gen. Stat. who is installing pipes, fixtures, apparatus, or appurtenances to supply water thereto or convey sewage or other waste therefrom, including the installation, repair, 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.
(9) A professional engineer licensed pursuant to Chapter 89C of the N.C. Gen. Stat..
(10) A professional landscape architect licensed under Chapter 89A of the N.C. Gen. Stat..
(11) An individual or a business engaged in any of the following activities while performing that activity:
a. Clearing and grading plots and areas of land.
b. Erosion control.
c. Arboriculture, including consultations on pruning and removal of trees.
d. The installation of sod, seed, or plugs by sod producers certified by the Plant Industry Division of the North Carolina Department of Agriculture and Consumer Services.
e. Landscape construction performed by utilities contractors for the purpose of grading and erosion control.
f. Lawn mowing, turf edging, and debris removal services.
g. 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.
h. Design, installation, and maintenance of on-site wastewater disposal or reuse systems within the on-site wastewater permit specifications.
(12) Any person performing landscaping work on a farm for use in agriculture production, farming, or ranching. (2014-103, s. 3(b).)