Who regulates landscaping work in Iowa
Iowa issues no landscaping contractor license. The Iowa Department of Inspections, Appeals, and Licensing runs the state construction licensing and registration programs, and none of them is a license to install plants, grade a yard or build a patio. Iowa Code chapter 544B settles the point in writing. Section 544B.20 says nothing in the chapter shall be construed to apply to the business conducted in this state by any planner, agriculturist, soil conservationist, horticulturist, tree expert, arborist, forester, nursery or landscape nursery person, gardener, landscape gardener, landscape contractor, garden or lawn caretaker, tiling contractor, grader or cultivator of land, golf course designer or contractor, or similar business. That sentence is the clearest statement in Iowa law that the work itself is unlicensed. Four other requirements do bite. The first is contractor registration under Iowa Code chapter 91C, which applies to anyone earning at least $2,000 a year from construction. The second is the protected title of professional landscape architect, which you may not use without a license. The third is pesticide applicator licensing if you treat turf, trees or ornamentals on property that is not yours. The fourth is the plumbing license that attaches when you tie an irrigation system into a potable water supply. A landscaping company in Iowa therefore competes without a trade license number to wave, which means the credentials you can document carry the weight: your contractor registration number, your pesticide applicator license, your bond and your insurance.
Sourceslegis.iowa.gov 1legis.iowa.gov 2dial.iowa.gov 3
Contractor registration is the filing that actually applies
Contractor registration is the one filing nearly every Iowa landscaping business has to make. Iowa Code 91C.1 defines a contractor as a person who engages in the business of construction, and excludes only a person who earns less than two thousand dollars annually or who performs work on the person's own property. The Department of Inspections, Appeals, and Licensing states the same threshold on its contractor registration page: registration is required if you earn at least $2,000 a year from construction, and the definition is broad enough that carpenters, electricians, plumbers, roofers and painters all fall inside it. The application fee is $50 and is not refundable. Section 91C.2 sets three conditions. You must comply with Iowa workers compensation law and supply evidence of coverage annually, or evidence of relief under section 87.11, or a statement that you are not required to carry it. You must hold an employer account number or a special contractor number issued under Iowa Code chapter 96. An out-of-state contractor must file a $25,000 surety bond or show that it is prequalified to bid for the Department of Transportation. DIAL adds that every in-state contractor needs an Iowa unemployment insurance account number even with no employees, and that the application also needs a NAICS code. Registration renews every year and you keep the same number when you renew on time. Subcontractors are not covered by the general contractor's registration and register on their own.
Sourceslegis.iowa.gov 1dial.iowa.gov 2dial.iowa.gov 3
What happens if you skip registration
Skipping registration is cheap to fix and expensive to ignore. Iowa Code 91C.8 gives the director and the department inspectors jurisdiction to investigate and enforce. If the director believes a contractor failed to register, filed registration information that is not substantially complete and accurate, or failed to file the out-of-state bond, the director issues a written citation describing the violation with particularity. The contractor then has fifteen working days to notify the director that it wishes to contest the citation or the proposed penalty. Administrative penalties run to not more than five hundred dollars for a first violation and not more than five thousand dollars for each violation on a second or subsequent offense. DIAL publishes the same two figures on its contractor registration page: a $500 citation for a first violation and up to $5,000 for a repeat violation. Let the fifteen working days pass without contesting and the citation and assessment become a final order of the employment appeal board, not subject to review by any court or agency. Section 91C.7 adds the commercial consequence that matters to anyone chasing public work: a contractor who is not registered shall not be awarded a contract to perform work for the state or an agency of the state. Section 91C.5 requires the director to revoke a registration number when a contractor stops meeting the conditions, after a fact-finding interview. The out-of-state bond exists to cover unpaid Iowa taxes, penalties, interest and fees.
Sourceslegis.iowa.gov 1dial.iowa.gov 2
The landscape architect title is protected, the work is not
Iowa protects a title rather than the trade. Section 544B.2 says a person shall not engage in the practice of landscape architecture, or use the title landscape architect, professional landscape architect or landscape architecture designer, or use other titles, words, letters, figures, signs, cards, advertisements, symbols or other devices to represent that the person or a business associated with the person is authorized to practice landscape architecture, without first obtaining a license from the board. Section 544B.18 makes that a simple misdemeanor, and it reaches anyone who knowingly assists the unlicensed person. Section 544B.20 then supplies the safe harbor. A landscape contractor, landscape gardener, nursery person, arborist, grader of land or golf course contractor may do the work, but shall not use the designation landscape architect or any title or device indicating that the person is a professional landscape architect or is practicing landscape architecture. Read the two sections together and the marketing rule is plain. Describe what you build. Do not borrow the title. Wording such as landscape architecture services, our landscape architects, or landscape architectural design is off limits unless a licensee stands behind it. Section 544B.1 also limits what the license itself covers. The practice excludes the design of structures for habitation or industry, public streets and highways, utilities, storm and sanitary sewers and sewage treatment facilities, and excludes land surveys and final land plats. A licensee's seal never substitutes for an architect, engineer or land surveyor seal.
Sourceslegis.iowa.gov
Getting licensed as a professional landscape architect
If you want the title, Iowa Code 544B.9 sets three routes to the examination. An accredited four-year landscape architecture degree plus three years of practical landscape architectural work, at least one year of it under the supervision of a professional landscape architect. A nonaccredited four-year course plus four years of practical work, again with one supervised year. Or ten years of practical landscape architectural work that the board finds sufficient to prepare you for the examination. A satisfactorily completed year of accredited study substitutes for one year of experience, a master's degree substitutes for one year, and any four-year degree substitutes for two years. Section 544B.8 requires a passing score on an examination in technical and professional subjects prescribed by the board, and lets the board adopt a national certification body's standardized examination. DIAL points candidates to the Council of Landscape Architectural Registration Boards for examination information, and rule 481 subrule 1082.1 has candidates open a CLARB record to start the process. The fee schedule in rule 481 subrule 1082.10 is specific. An initial certificate of licensure costs $15 per month, effective from the date of board action through June 30. The biennial active licensure fee is $350 and the inactive fee is $100. Licensure by exemption costs $300, a prelicense determination costs $25, and a replacement wall certificate costs $25. Section 544B.12 then requires a seal reading Professional Landscape Architect, State of Iowa, on every plan and specification you prepare or supervise.
Sourceslegis.iowa.gov 1dial.iowa.gov 2legis.iowa.gov 3
Renewal, continuing education and lapse for licensees
Landscape architect licenses expire on a fixed calendar, not on your anniversary. Rule 481 subrule 1082.7 states that certificates of licensure expire biennially on June 30, and that a licensee must renew before July 1 of the expiration year to keep authorization to practice in Iowa. Iowa Code 544B.13 allows renewal within thirty days after expiration, and lets the board assess a reasonable penalty. Continuing education is a prerequisite for renewal. Rule 481 subrule 1083.2 requires a minimum of 24 hours of board-approved continuing education during each two-year licensing term, and allows up to 12 hours earned above the requirement to carry into the following period. A new licensee gets relief: a person who has held an Iowa license more than 12 months but less than 24 months from initial licensure reports 12 hours in health, safety and welfare subjects at the first renewal. The rule lists qualifying activity, including short courses and seminars on landscape architectural subjects, business practice courses, teaching, published research, distance learning that ends in an examination, and educational tours with a sponsor certificate. Self-guided tours do not qualify. Public service on planning commissions and code boards is capped at six hours per biennium, research at 12 hours, and tours at six hours. Reinstating a lapsed active license costs $100 plus $25 per month or partial month of lapse, capped at $750. A shortfall caught at renewal is handled by consent order, with a penalty the rule describes as typically between $50 and $250.
Sourceslegis.iowa.gov 1legis.iowa.gov 2legis.iowa.gov 3
Coming in from another state
Iowa treats out-of-state credentials differently for each license a landscaping company might hold. For landscape architects, section 544B.10 lets the board license without further examination an applicant who holds a license or certificate issued upon examination by a recognized national certification body, or by an examining board in another state, territory or possession, the District of Columbia or a foreign country, if the requirements at the time of issue were equal to or higher than Iowa's. Rule 481 subrule 1082.5 spells out the paths, including an applicant certified by the national body, an applicant whose jurisdiction's current requirements are substantially equivalent to or exceed Iowa's, and applicants grandfathered in before written examinations existed. For pesticide applicators, the Iowa Department of Agriculture and Land Stewardship lets nonresidents qualify for reciprocity on the written test by submitting a copy of the front and back of the certification card currently held. Those applicants still meet Iowa license requirements and pay Iowa license and certification fees, and Iowa residents are not eligible for certification by reciprocity. For contractor registration there is nothing to reciprocate. Every contractor doing business in Iowa registers, and an out-of-state contractor files the $25,000 bond whatever it holds at home. DIAL states that a branch office in Iowa does not exempt a contractor from the bonding requirement, and that a contractor whose business is primarily based outside Iowa does not qualify as in-state. Out-of-state subcontractors are not covered by the general contractor's registration or bond and need their own.
Sourceslegis.iowa.gov 1legis.iowa.gov 2iowaagriculture.gov 3dial.iowa.gov 4
Pesticide applicator licensing for turf and ornamental work
Treating turf, trees or ornamentals on someone else's property makes you a commercial pesticide applicator. Iowa Code 206.6 says no person shall engage in the business of applying pesticides to the lands or property of another at any time without being licensed by the secretary, and sets the annual license fee at not more than twenty-five dollars for each license. The Iowa Department of Agriculture and Land Stewardship states a $25 annual fee for the location license, requires each location or outlet operating in Iowa to be licensed separately, and names a person responsible for application activity at each licensed site. Licenses expire December 31 each year, and a renewal filed after expiration carries a penalty of 25 percent of the fee due. Every individual who applies pesticides for the licensed firm must also be certified. Iowa Code 206.5 sets a seventy-five dollar fee for a three-year commercial certification and requires a passing written examination for a first-time applicator. The categories that matter here are 3OT ornamental and turf pest control, 3O ornamental pest control, 3T turf pest control, and 3G greenhouse. Extra categories can be added at any time at no extra charge and inherit the expiration date of the card they join. A certification is valid only while the individual is listed under a current Iowa applicator license. Renewal runs on a three-year qualification cycle: declare at least two hours of continuing instruction per certified category for each of the three years, retest, or combine the two.
Sourceslegis.iowa.gov 1iowaagriculture.gov 2
Pesticide financial responsibility and penalties
Iowa will not issue a commercial applicator license until you prove financial responsibility. Iowa Code 206.13 accepts a surety bond, a liability insurance policy, or an irrevocable letter of credit issued by a financial institution, filed with the department before the license issues. The amount shall be not less than one hundred thousand dollars for property damage and public liability, each separately, or liability insurance with limits of one hundred thousand dollars per occurrence and three hundred thousand dollars annual aggregate. Coverage has to stay at that level at all times during the licensed period. The department must be notified ten days before any reduction or cancellation of a bond or policy, and ninety days before a reduction or cancellation of a letter of credit. The Department of Agriculture and Land Stewardship states that a certificate of insurance is the most common way firms satisfy the statute, and that a properly executed surety bond may also be accepted. The coverage need not reach damage or injury to agricultural crops, plants or land being worked upon by the applicator. Before the license issues you also certify compliance with the secondary containment rules for pesticides or document an exemption. Iowa Code 206.19 lets the department establish, assess and collect civil penalties against a commercial or private applicator, weighing willfulness, danger to public health and the environment, cost, remedial action and the violator's compliance history. The civil penalty shall not exceed five hundred dollars for each offense. The same section covers advance notice to neighboring occupants who request it.
Sourceslegis.iowa.gov 1iowaagriculture.gov 2
Irrigation work runs into the plumbing license
An irrigation system is where a landscaping job meets a licensed trade. Iowa Code 105.2 defines plumbing as all potable water building supply and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipes, and all building drains and sewers within the property lines, including the connection to domestic water mains, and it expressly includes potable water piping and potable water treating or using equipment. Chapter 105 carries a long list of situations it does not apply to in section 105.11, and lawn irrigation is not among them. The exemptions cover engineers, architects and landscape architects who provide consultations or develop plans and are exclusively engaged in the practice of their own profession, property owners working on a homestead-qualified principal residence that is an existing dwelling, certified well contractors, helpers doing general manual labor, and a person laying pipe that originates in the public right-of-way without making interior connections. A landscape architect licensed under chapter 544B is therefore exempt for design and not for installation. The Plumbing and Mechanical Systems Board runs three-year license periods. DIAL lists the on-time renewal fees: $250 for a contractor license plus the $150 contractor registration submitted with it, $180 for a journeyperson, $240 for a master, and $50 for an apprentice, inactive or specialty license. New application fees are prorated by when you apply within the period. Iowa Code 91C.1 anticipated the overlap by having a chapter 105 contractor file one combined registration and licensing application.
Sourceslegis.iowa.gov 1dial.iowa.gov 2legis.iowa.gov 3
Backflow prevention assembly tester registration
Tying irrigation into a potable supply raises a second question: who may test the backflow assembly afterward. Iowa Code 135K.3 says a person shall not test or repair backflow prevention assemblies without first having registered with and been approved by the department, and chapter 135K applies to all persons who test or repair those assemblies. Section 135K.5 makes a violation a simple misdemeanor. The rules sit in Iowa Administrative Code chapter 481 part 476. Rule 476.5 sets the initial registration fee at $72 and provides that registration expires two years after it is issued. Renewal is also $72 and requires documentation of at least five hours of approved continuing education during the registration period, or proof of current third-party certification. A renewal received after expiration picks up a $10 penalty per month, to a maximum $50 penalty. DIAL states the three ways in: apply within 12 months after completing a DIAL-approved 32-hour backflow prevention assembly tester training course, hold current third-party certification from the American Backflow Prevention Association or the American Society of Sanitary Engineers, or hold an out-of-state backflow or cross-connection credential from a state with similar or greater training and continuing education requirements. Renewal training is a DIAL-approved five-hour recertification course that may be taken at any point in the registration period, and the renewal window opens 60 days before expiration. If your crew installs irrigation and nobody holds the registration, the required test is work you buy from somebody else.
Sourceslegis.iowa.gov 1legis.iowa.gov 2dial.iowa.gov 3
Advertising and license display rules
Iowa has real advertising rules, and they attach to the licenses rather than to landscaping itself. Section 105.25 says only a person duly licensed under chapter 105 may advertise the fact that the person is licensed as a contractor or as a plumbing, mechanical, HVAC-refrigeration, sheet metal or hydronic professional by the state of Iowa. All written advertisements distributed in Iowa by a person engaged in the business of designing, installing or repairing plumbing systems shall include the listing of the contractor license number, as applicable. Fraudulently claiming to be a licensed contractor in writing, on cards, signs, circulars, advertisements or other communications is a simple misdemeanor, and so is fraudulently listing a license number in advertising or falsely displaying one. Section 105.29 adds that opening an office, announcing to the public an intention to provide the service, or using any sign, card, circular, device, vehicle or advertisement as a provider of those services is prima facie evidence of practicing the trade. Section 105.14 requires a contractor to keep the current license certificate publicly displayed in the primary place in which the person practices. For landscape architects, section 544B.2 requires every licensee to display the license in a conspicuous place in the holder's principal office, and section 544B.15 lets the board reprimand, suspend or revoke a license for the use of untruthful or improbable statements in advertisements. Section 91C.5 makes your contractor registration number and the full registration information public records, so the number on the truck is already checkable.
Sourceslegis.iowa.gov 1legis.iowa.gov 2legis.iowa.gov 3
How a customer verifies what you claim
An Iowa homeowner can check almost everything you claim, which is an argument for publishing the numbers yourself. Iowa Code 91C.5 requires the director to issue each registered contractor an identifying public registration number, to compile records showing the names and public registration numbers of all contractors registered in the state, and to take the steps necessary to make that information available to governmental agencies and the general public. DIAL keeps a Find a Record or License page that lists contractor registration licenses, backflow prevention assembly tester licenses, electrical licenses, and plumbing and mechanical systems licenses among the records the public can search. Landscape architects are searchable through the professional license search, which lets a visitor filter by the Landscape Architectural Examining Board and by license status, including active, lapsed, inactive, expired, revoked and suspended. Section 544B.5 separately requires the board to maintain a roster showing the name, place of business and residence and the date and number of the certificate of licensure of every professional landscape architect in the state. Section 105.15 requires a public registry of plumbing and mechanical license holders, open to public inspection, with the licensee's home address and telephone number kept confidential. One caution for your website copy: DIAL notes that Iowa Code section 10A.508 requires the department to keep private information about licensees confidential, including date of birth and home contact details, so a lookup confirms status and credential rather than everything about the holder.
Sourceslegis.iowa.gov 1dial.iowa.gov 2ia-plb.my.site.com 3legis.iowa.gov 4legis.iowa.gov 5
Des Moines and Cedar Rapids add their own layer
The city layer is where landscaping work actually gets permitted. Des Moines charges $40 for the permit required to replace or repair a public sidewalk, and the permit is required whether the property owner or the contractor they hire does the work. A property owner notified that a sidewalk is defective has 180 days to make repairs. For fences, which most landscaping crews build, Des Moines requires a permit for any chain-link fence taller than 4 feet and for any other fence taller than 3 feet. The height limits matter when you quote. Metal and picket fences are capped at 3 feet in a front yard and 6 feet in any other yard, privacy and chain-link fences are capped at 6 feet and are not allowed in a front yard, a fence less than 5 feet from the house is limited to 4 feet, and nothing goes in the public right-of-way or in the vision clearance at a street intersection. Alley vision clearance is 15 feet. Chain-link is not allowed in local historic districts, where a Certificate of Appropriateness is required. Cedar Rapids runs its own gate. The city states that contractors must register and hold a current bond to perform work in the public right-of-way, that bonds are submitted online, and that beginning work without an approved permit results in a $50 penalty per violation. Construction, digging and boring in the right-of-way each need the permit first.
Sourcesdsm.city 1dsm.city 2cedar-rapids.org 3
Sales tax and the digging law shape your invoices
Two rules shape an Iowa landscaping invoice more than any license does. The Department of Revenue states that landscaping, lawn care, and tree trimming and removal services are subject to Iowa sales and use tax, and that providers must obtain a sales tax permit and remit the tax. Snow removal is not a taxable service. Landscaping materials sold to final consumers are taxable, including sod, dirt, trees, shrubbery, bulbs, sand, rock and woodchips, and when the retailer installs them under a lump sum landscaping contract the entire gross receipts are taxable. The carve-out is worth reading twice. Any portion of a landscaping service that includes labor and materials to erect a structure counts as construction contracting rather than landscaping service and is generally exempt from sales tax, and structures include retaining walls, lawn lighting systems, lawn irrigation systems, pools and walkways. To get that treatment the invoice must state the construction contracting charges separately from the landscaping charges, and the landscaper is treated as the consumer of the construction materials and pays tax when buying them. Digging is the second rule. Iowa Code 480.4 requires an excavator to notify the statewide notification center before excavation and wait out a forty-eight-hour period, with the notice valid for twenty-five calendar days. Section 480.1 defines excavation to include grading, trenching, tiling, digging, augering and cable or pipe plowing, while excluding residential, commercial or similar gardening. Civil penalties reach one thousand dollars per day for a non-pipeline facility.
Sourcesrevenue.iowa.gov 1legis.iowa.gov 2