Who regulates landscaping work in West Virginia
West Virginia licenses contractors through the West Virginia Contractor Licensing Board, and the board's own statutes page names West Virginia Code Chapter 30, Article 42 as the act it administers. Landscaping sits outside that act by name. Code 30-42-3 defines contractor, then lists who the term does not include, and item six of that list is a person who performs landscaping or painting services for commercial or residential customers. That is not a threshold you fall under or a waiver you apply for. It is written into the definition itself, so a landscaping business is not a contractor for licensing purposes at all. Code 30-42-6 then says no person may engage in any activity as a contractor, or submit a bid as one, without a license issued under the article. Because landscaping work never meets the definition, that prohibition does not reach it. The Division of Labor performs administrative and enforcement duties for the board and says so on its licensing page. Nothing in either place creates a landscaping license, a landscaping registration, or a landscaping classification. In practice your authority to sell planting, bed preparation, mulch, sod and ordinary yard work in West Virginia comes from business registration, not from a trade credential. The regulated parts of a modern landscaping job live in other statutes instead: pesticide application under the Department of Agriculture, water supply connections under the plumber law, and the protected title of landscape architect under Chapter 30, Article 22.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2wvclboard.wv.gov 3labor.wv.gov 4
The cost thresholds, and why they do not decide your case
Most states that license construction draw the line with a dollar figure. West Virginia does too. Code 30-42-3 defines a contractor as a person who for compensation undertakes, offers to undertake, or bids to construct, alter, repair, add to, improve, move, wreck or demolish a building, highway, road, railroad, structure or excavation associated with a project, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work. A landscaping company reading only that sentence would conclude that a $30,000 commercial job needs a license. It does not, because the same section goes on to exclude a person who performs landscaping or painting services for commercial or residential customers, with no dollar qualifier attached to the exclusion. The thresholds and the exclusion are separate tests, and the exclusion is written by trade, not by price. Two other exclusions in the same list matter to this trade. A person who performs construction work on real property that person owns or leases is excluded, which covers your own yard and your own yard at a rental you hold. A pest control operator licensed under Code 19-16A-7 to apply pesticides for hire is excluded unless that operator also performs structural repairs exceeding $1,000 on treated property. So the pesticide license and the contractor license are deliberately kept apart, with one narrow bridge between them.
Sourcescode.wvlegislature.gov
Hardscaping and where the contractor classifications begin
The board's legislative rule, Title 28 Series 2, defines the classifications it examines for, and three of them touch work a landscaping crew sells. A concrete contractor is defined as one whose principal business is installation and repair of concrete and concrete products, including footings, slabs, sidewalks and walkways, driveways and parking areas, fence footings, decorative concrete walls not to exceed four feet in height, and retaining walls not to exceed five feet in height. An excavation contractor is defined as one whose principal business is the installation, alteration and repair of earthen material by digging, trenching, grading or compacting, including crib walls, gabion walls and other devices not to exceed six feet in height for controlling the movement of earthen materials. A general building contractor is one whose principal business is structures requiring more than two contractor classifications. The rule also lists a residential contractor class covering remodeling, additions and repairs requiring two or more classifications where the cost does not exceed $40,000. There is no landscaping classification and no hardscaping classification in the rule's examination list. The board does not leave the boundary to guesswork either. Its step by step application guide tells applicants to send their scope of work to the board at CLBoard@wv.gov so the board can verify which classifications and examinations apply. If your patio and wall work has grown into concrete or excavation sold as its own undertaking, that email is the cheapest way to find out where you stand.
Sourceswvclboard.wv.gov 1wvclboard.wv.gov 2code.wvlegislature.gov 3
What a contractor license costs if your scope crosses over
If the board tells you a classification applies, the numbers are published. Code 30-42-8 says a license expires one year from the date it is issued and caps the application and annual license fee the board may set at $150. The board's rule sets the actual figure lower: Title 28 Series 2 requires any person desiring a license to pay an annual fee of $90 at the time of application, with a reduced annual fee of $20 for an applicant already licensed under Code 29-3B who provides proof of that licensure. A lapsed license carries a penalty fee of $25 in addition to the renewal fee, and a duplicate license costs $10. Code 30-42-13 states that a license not renewed on or before its renewal date lapses, and that no license lapsed for 90 days or more may be renewed. Examinations are not optional. The rule requires a score of at least 70 percent on each classification examination, and the board's application guide directs candidates to PROV, Inc. as the approved testing agent, with examination fees paid directly to that agent. The person who sits the examination must be an officer, member, owner or full time employee, and payroll records are required as proof of employment. Code 30-42-18 lets the board grant a license of the same or equivalent classification to a contractor licensed in another state, without written examination, on satisfactory proof that the applicant's qualifications are equal.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3wvclboard.wv.gov 4wvclboard.wv.gov 5
Landscape architect is a protected title, and that is enforced
The one credential in this trade that West Virginia guards tightly is the title. Code 30-22-1 states that a person must have a license to practice as a landscape architect. Code 30-22-2 makes it unlawful for any person to practice or offer to practice landscape architecture in the state without a license, and equally unlawful to advertise or use any title or description tending to convey the impression that the person is a licensed landscape architect. The same section applies the identical rule to firms: a firm may not practice or offer to practice, or advertise or use any title or description conveying the impression that it is a landscape architectural firm, without a certificate of authorization. Code 30-22-22 closes it with a flat sentence: only licensed landscape architects shall use the title Landscape Architect, or other similar words or titles which implies licensure. The practice being protected is broad. Code 30-22-4 defines the practice of landscape architecture to include analysis, consultation, planning, design and responsible supervision of projects directed at the use and stewardship of land, including design of land forms, soil conservation and erosion control methods, site lighting, water features, irrigation systems, plantings, circulation systems and related construction details, and natural drainage and surface and ground water drainage systems, provided those systems do not require structural design of components or a hydraulic analysis of the receiving storm water conveyance system.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3code.wvlegislature.gov 4
What a designer or landscape contractor may still do and say
The title rule does not shut the design side of this trade down, and the statute says so in detail. Code 30-22-22 provides that nothing in the article prohibits a nursery person, agriculturist, horticulturist, gardener, landscape designer, landscape contractor, grader, cultivator of land, garden or lawn caretaker from engaging in the occupation of growing or marketing nursery stock, preparing planting plans, installing plant material, providing drawings or graphic diagrams necessary for the proper layout of goods or materials, or arranging for the installation of goods or materials on private or public land. Read that list against your own marketing. Landscape designer and landscape contractor are both named in the statute as occupations that may do this work, so both are safe descriptions for a company without a licensed landscape architect on staff. Preparing planting plans is named. So is providing drawings or diagrams for layout. The forbidden move is the title, not the drawing. The same section also protects licensed engineers, surveyors and foresters providing services they are licensed for, permits architects to perform landscape architectural services incidental to the practice of architecture, protects government and regional planners preparing plans for communities, and lets an individual make plans for property that individual owns, leases or rents for personal use. A firm that wants the title has a separate route: a certificate of authorization, which the board issues to firms providing landscape architectural services.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2
Becoming a licensed landscape architect in West Virginia
The West Virginia State Board of Landscape Architects administers this license from Charleston and publishes its requirements. Code 30-22-9 sets three routes. A bachelor degree in landscape architecture from an accredited college or university plus at least two years of experience under the supervision of a landscape architect qualifies. A graduate degree in landscape architecture plus at least one year of such experience qualifies. On and after January 1, 2007, ten years of experience in landscape architecture under that supervision qualifies. Every applicant must also pass the examination prescribed by the board. The board's published fee schedule lists a reciprocal or new application fee of $200, a temporary permit at $100, and annual license renewal at $200 with a late fee of $50 added to the renewal. Inactive status and retired status are each $25 a year. Reinstatement runs $100 for a retired or inactive licensee and $350 for an expired license. On the firm side, a certificate of authorization application is $15 for a sole proprietor and $200 for a firm with two or more licensed landscape architects, with annual renewals at the same figures and expired certificate reinstatement at $60 and $450. Examination fees are set at cost to the board plus administrative fees. Continuing education is annual: the board requires eight professional development hour units each year, at least six of them in structured activities addressing public health, safety, interest and welfare issues related to the practice.
Sourcescode.wvlegislature.gov 1wvlaboard.org 2wvlaboard.org 3wvlaboard.org 4
Irrigation lines and the plumber license boundary
West Virginia has no irrigation contractor license. What it has is a plumber license with a boundary drawn at the building. Code 21-14-3 requires a person performing or offering to perform plumbing work in the state to hold a license issued by the Commissioner of Labor, and requires a licensee to carry a copy of the license on any job where plumbing work is being performed. The exemption that matters to irrigation work is in the same section: the article does not apply to a person who performs plumbing work while engaging in the business of installing, altering or repairing water distribution or drainage lines outside the foundation walls of a building, public or private sewage treatment or water treatment systems, sewers, or underground utility services. Lateral runs, valve boxes, zone piping and heads out in the yard sit on the exempt side of that line. Code 21-14-2 defines plumbing as the practice, materials and fixtures used within a building in the installation, extension and alteration of piping, fixtures, water treatment devices, plumbing appliances and appurtenances, including backflow preventers and public or private water supply systems as defined by the state building code. The same section sets the credential tiers: a journeyman plumber has passed a written examination with a score of at least 70 percent, a master plumber has passed the master examination and may not sit it until one year after passing the journeyman examination, and the fee for plumbers in training may not be higher than $25.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2
Backflow prevention and the potable water connection
The part of an irrigation system that is not exempt is the part that ties into drinking water. Code 21-14-2 names backflow preventers inside the definition of plumbing, alongside public or private water supply systems as defined by the state building code. That places the backflow assembly on the regulated side of the line that Code 21-14-3 draws at the foundation wall, even though the sprinkler piping beyond it is exempt. For a landscaping company the practical consequence is a split job. The yard piping is yours. The connection, the assembly and anything inside the building are plumbing work, and a licensed plumber performing that work has to carry a copy of the license on the job under Code 21-14-3. Subcontracting that one connection to a licensed plumber is the clean way to run an irrigation installation in West Virginia, and it keeps your written proposal honest about who is doing what. The Division of Labor publishes a current list of certified plumbers in its database search area, so you can confirm a subcontractor before you schedule. West Virginia Code does not set out a separate state tester credential for landscaping companies in the plumber article, so before you quote a tie in, ask the water system serving the property what it requires for the assembly and who it will accept as the installer and tester. Put that answer in the proposal rather than in a conversation.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2labor.wv.gov 3
Pesticide application for hire needs a state business license
This is the licensing requirement a landscaping company in West Virginia is most likely to trip over. Code 19-16A-7 states that no person may engage in the application of pesticides for hire at any time without a pesticide application business license issued by the Commissioner of Agriculture. Weed control, lawn treatment and ornamental insect work sold to a customer is application for hire. The commissioner may not issue the license until the owner, manager, partner or corporate officer is qualified by passing an examination covering state and federal pesticide laws and the safe use and storage of pesticides, and the business is limited to the classifications for which it keeps certified commercial applicators in its employ. Each branch office or suboffice from which the business of applying pesticides is carried on must be separately licensed, and the license expires at the end of the calendar year of issue. Code 19-16A-8 bars issuance until the business files evidence of financial security, either a surety bond to the benefit of the State of West Virginia or a liability insurance policy covering persons who may suffer legal damages from the licensee's operations, with the amount set by the commissioner by classification. The Department of Agriculture publishes the current figures for the Licensed Pesticide Application Business: a $60 annual fee, a required certificate of liability insurance showing $300,000 bodily injury and $100,000 property damage plus workers compensation, and a copy of the state business registration certificate.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2agriculture.wv.gov 3
Applicator certification, technicians and renewal dates
The business license is only half of it. Code 19-16A-7 requires that all persons applying pesticides as a pesticide business, whether or not they are applying restricted use pesticides, be a certified applicator in the appropriate category or subcategory, or a registered technician working under the direct supervision of a certified commercial applicator. Code 19-16A-12 sets the application contents and the knowledge standard, which includes recognizing common pests and the damage they cause, reading and understanding the label, mixing to the proper concentration for the area and equipment, recognizing local environmental situations that must be considered during application, and recognizing poisoning symptoms. The Department of Agriculture publishes the money and the dates. The commercial applicator license costs $20 a year and carries continuing education of 20 units in every category every three years. The pesticide applicator examination costs $20, with no fee for city, state or government employees, and requires the General Standards examination plus at least one category examination. The registered technician credential also costs $20 a year, requires four continuing education units in every category every year, and is available only as an attachment to a licensed or regulated pesticide application business that has an approved training program. All three renew in the same window, November 1 through April 1, which is the quiet season for this trade and worth putting on a calendar before spring booking starts.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2agriculture.wv.gov 3agriculture.wv.gov 4agriculture.wv.gov 5
Advertising, license numbers and what you may not claim
West Virginia puts advertising duties on license holders, and a landscaping company that has no state license still has to know them, because the moment you add a licensed classification the duties attach. Code 30-42-6 requires a person holding a contractor license to keep the license or a copy posted in a conspicuous position at every construction site where the contractor is working. The same subsection requires the contractor's license number to be included in all contracting advertisements and all fully executed and binding contracts. A violation of that subsection subjects the person, after hearing, to a warning, a reprimand, or a fine of not more than $200. Read the words: advertisements, plural and unqualified, which in practice means the vehicle lettering, the yard sign, the website and the paid ad all carry the number once you hold a license. On the title side, Code 30-22-2 makes it unlawful to advertise or use any title or description tending to convey the impression that you are a licensed landscape architect, or that a firm is a landscape architectural firm, without the license or the certificate of authorization. Landscape designer, landscape contractor and lawn caretaker are named in Code 30-22-22 as occupations that may do this work, so those descriptions are available to you. Landscape architect, and anything implying it, is not.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3
Penalties, cease and desist orders and the permit affidavit
The enforcement side of the contractor act is worth reading even when you are exempt, because the paperwork reaches you. Code 30-42-10 says any person applying to a building inspector or other permitting authority of a municipality or political subdivision for a permit to construct a building, highway, sewer or structure, or for any removal of materials or earth, grading or improvement, must before issuance either furnish satisfactory proof of a license under the article or file a written affidavit that the person is not subject to licensure as a contractor or subcontractor. The inspector may not issue a permit to a person who lacks a valid license when the article requires one. If your grading or wall work needs a permit, that affidavit is the document that carries the landscaping exclusion into the permit file. For anyone who does need a license, Code 30-42-14 is unforgiving. The board issues a cease and desist order requiring the person to halt all operations in the state, and after an opportunity for hearing may impose a penalty of not less than $200 nor more than $1,000. Continuing to work after service of the order is a misdemeanor, with a fine of $200 to $1,000 for a first offense, $500 to $5,000 or up to six months in jail for a second, and $1,000 to $5,000 plus 30 days to one year for a third. Unlicensed work on a contract of $25,000 or more also draws an administrative penalty of up to $200 per day.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2
City and county rules, insurance and business registration
Code 30-42-20 says no municipality, local government or county may require any additional occupational license or other evidence of competence as a contractor from a person who holds a valid license under the article. That protection runs to license holders, so a landscaping company without one does not get it, and local business taxes apply regardless. Charleston is the clearest example. The city's published business and occupation tax guidance states that a business already registered with the State of West Virginia must still register with the city, because the city is a separate and distinct entity from the state. It classifies activity for rate purposes, with Contracting taxed at 2 percent and Service and All Other Businesses at 1 percent of gross income, defines gross income as gross receipts with no deduction for materials or labor costs, requires quarterly returns due within one month after the end of each taxable quarter, and requires a zero return for a quarter with no activity. Unpaid tax bears interest at 8 percent a year with a penalty of 5 percent for the first month and 1 percent per month after. Statewide, the contractor board's own application guide shows what West Virginia expects of any construction business: a business registration tax number from the State Tax Department, registration with the Secretary of State where applicable, proof of workers compensation and unemployment compensation for employees working in the state, general liability insurance, and a wage bond status affidavit.
Sourcescode.wvlegislature.gov 1charlestonwv.gov 2wvclboard.wv.gov 3
How a customer verifies a West Virginia landscaping company
West Virginia gives buyers three public registries, and a landscaping company should point customers at the right one instead of letting them conclude that no record means no legitimacy. The Contractor Licensing Board runs a license verification search at its own site, linked from the Division of Labor's database search page as the Contractor License Search. The Division of Labor publishes current lists of certified plumbers, certified HVAC technicians, manufactured housing licensees and certified elevator inspectors on the same page, which is where a customer can check the plumber you bring in for an irrigation tie in. The State Board of Landscape Architects publishes a Roster of Licensees and a Roster of Certificates of Authorization on its website, so a claim to be a landscape architect or a landscape architectural firm can be checked in one click. For pesticide work, the Department of Agriculture licenses the business and certifies the applicators, so ask to see the current Licensed Pesticide Application Business certificate and the applicator card. The honest script for a landscaping company is short. You are exempt from the contractor license by name under Code 30-42-3, you will file the written affidavit under Code 30-42-10 if a permit is needed, you hold the pesticide credentials if you spray, and you carry general liability and workers compensation. That is a stronger answer than a license number a customer cannot find.
Sourceswvclboard.wv.gov 1labor.wv.gov 2wvlaboard.org 3agriculture.wv.gov 4code.wvlegislature.gov 5code.wvlegislature.gov 6