North Carolina Administrative Code

21 NCAC 26 .0209 UNPROFESSIONAL CONDUCT A licensee shall not: (1) allow his or her name to be associated with an undertaking in any professional capacity without having served specifically in that capacity; (2) accept compensation in whole or in part from fees, commissions, earni…

21 NCAC 26 .0210 DISHONEST PRACTICE (a) A licensee shall not: (1) knowingly make any deceptive or false statement about another's professional work or maliciously injure or attempt to injure the prospects, practice, or employment position of those so engaged; (2) knowingly make a…

21 NCAC 26 .0211 INCOMPETENCE The following acts or omissions are deemed to be gross incompetency within the meaning of G.S. 89A-7: (1) to attempt to perform professional services that are beyond the qualifications that the landscape architect and those who are engaged as consult…

21 NCAC 26 .0212 SCOPE OF PRACTICE The scope of practice as defined by G.S. 89A-1(3) and G.S. 89A-2(b) shall be limited only by the licensee possessing the requisite knowledge and experience to provide the service. Consistent with the North Carolina State Building Code, a license…

SECTION .0300 - EXAMINATION AND LICENSING PROCEDURES 21 NCAC 26 .0301 EXAMINATION AND LICENSure (a) The LARE published by CLARB shall be the examination recognized by the Board, so long as the Board shall remain a member of the CLARB. The Board may administer a state supplement t…

21 NCAC 26 .0302 TEMPORARY PERMIT History Note: Authority G.S. 89A-3.1; 89A-4(c); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. October 1, 1988; Temporary Repeal Eff. October 1, 1997; Temporary Repeal Expired July 12, 1998; Repealed Eff. August 1, 2000.

21 NCAC 26 .0303 LICENSE BY COMITY (a) To assure that the requirements of the other state are at least equivalent to those of this state, an applicant for a license by comity shall show education and experience equal to those required of applicants who seek licensure by examinati…

21 NCAC 26 .0306 REINSTATEMENT AFTER REVOCATION Any person whose license is revoked shall be reinstated at any time by majority vote of the Board if there is a finding that the cause for revocation no longer exists. History Note: Authority G.S. 89A-3.1; Eff. February 1, 1976; Rea…

21 NCAC 26 .0307 CONTINUING EDUCATION AS A CONDITION OF ANNUAL RENEWAL (a) Every licensee shall meet the continuing education requirements for professional development as a condition for license renewal. (b) In order for a licensee to qualify for license renewal as a landscape ar…

21 NCAC 26 .0308 DUTIES AND FUNCTIONS OF CONTINUING EDUCATION ADVISORY COMMITTEE (CEAC) (a) CEAC members shall be reimbursed per diem and travel expenses for official meetings at rates equivalent to rates allowed for Board members. (b) CEAC members shall serve at the discretion o…

21 NCAC 26 .0309 EXEMPTIONS AND EXTENSION OF TIME (a) A licensee shall be exempt from the continuing education requirements for any of the following reasons: (1) New licensees by way of examination or comity for the current registration year; (2) A licensee serving on temporary a…

21 NCAC 26 .0310 REINSTATEMENT CRITERIA (a) A former licensee may only apply for reinstatement pursuant to G.S. 89A-5 if he or she has earned all delinquent contact hours within the 12 months preceding the application. However, if the total number of contact hours required to bec…

21 NCAC 26 .0311 CONTINUING EDUCATION REQUESTS FOR APPROVAL (a) Renewal applications require the completion of a continuing education form through the licensee's secure online profile specifying credit claimed. The licensee shall report and supply sufficient detail to permit audi…

21 NCAC 26 .0312 COMPLIANCE (a) Compliance with annual continuing education requirements shall be determined through an audit process conducted by the Board. Determination of individuals to be audited shall be accomplished through a random selection process or as the result of in…

21 NCAC 26 .0313 INDIVIDUAL LICENSES (a) A licensee shall be renewed on or before June 30th of each year. No less than 30 days prior to the renewal date, the Board shall send a renewal reminder to each individual licensee. The licensee shall complete the current license renewal d…

21 NCAC 26 .0314 CORPORATE PRACTICE OF LANDSCAPE ARCHITECTURE (a) Prior to offering and rendering landscape architectural services as set forth in G.S. 89A and Rule .0206 of this Chapter, all corporations shall, submit an application for registration and must be granted registrat…

21 NCAC 26 .0315 OUT-OF-STATE ENTITIES (a) Landscape architectural entities from other states may be granted certificates of registration for practice in this State upon receipt by the Board of a completed application, fees, the submission of a certified copy of its corporate cha…

SECTION .0400 - RULES: PETITIONS: HEARINGS 21 NCAC 26 .0401 RULE MAKING PROCEDURES In accordance with G.S. 150B-20, any person desiring the adoption, amendment or repeal of a Rule by the Board shall submit a petition to the Board. History Note: Authority G.S. 89A-3.1; 150B-20; Ef…

21 NCAC 26 .0510 COMPLAINTS AND DISCIPLINARY REVIEW PROCESS (a) Any person may file a complaint against a licensed Landscape Architect for an alleged violation of G.S. Chapter 89A or 21 NCAC 26 on a form provided on the Board's website: www.ncbola.org which may also be requested …

SUBCHAPTER 28B – LICENSING BOARD RULES SECTION .0100 – STATUTORY AND ADMINISTRATIVE PROVISIONS 21 NCAC 28B .0101 NAME AND LOCATION OF BOARD (a) All communications shall be addressed to the North Carolina Landscape Contractors' Licensing Board ("Board") at 3901 Barrett Drive, Suit…

21 NCAC 28B .0102 MEETINGS (a) Regular meetings of the Board will be held at the Board office or other location chosen by the Chairman. Additional meetings may be held at such other times and places as the Board deems necessary. (b) The Board shall hold an annual meeting every Ja…

21 NCAC 28B .0103 PRACTICE OF LANDSCAPE CONTRACTING; DISPLAY OF LICENSE NUMBER (a) An individual who is "readily available to exercise supervision over the landscape construction and contracting work" as set forth in G.S. 89D-12(a) and G.S. 89D-17(f) is an individual who is physi…

21 NCAC 28B .0104 ANNUAL REPORTS (a) On or before October 31 of each year, the Board shall prepare and file reports required pursuant to G.S. 93B-2. The Board shall file reports in the manner requested by receiving agency or committee. (b) The Board shall maintain an escrow accou…

SECTION .0200 – LICENSURE; RECIPROCITY 21 NCAC 28B .0201 APPLICATIONS FOR LICENSURE (a) All applicants for licensure or examination shall submit an application to the Board. The application form shall be available on the Board website or may be obtained by contacting the Board of…

21 NCAC 28B .0202 RECIPROCITY (a) All applicants for licensure by reciprocity shall submit an application to the Board. The application form shall be available on the Board website or may be obtained by contacting the Board office located as described in Rule .0101 of this Subcha…

21 NCAC 28B .0203 MILITARY-TRAINED APPLICANT; MILITARY SPOUSE (a) Licensure for a military-trained applicant. Upon receipt of a request for licensure pursuant to G.S. 93B-15.1 from a military-trained applicant, the Board shall issue a license to the applicant who satisfies the fo…

21 NCAC 28B .0204 MAINTAIN CURRENT INFORMATION (a) Every licensee shall keep the Board advised of the licensee's current mailing address, phone number, email address, and the name or names under which the licensee is practicing. If any change occurs, the licensee shall notify the…

section .0300 – license renewal; reinstatement 21 NCAC 28B .0301 LICENSE RENEWAL; WAIVER (a) All licensees seeking renewal shall submit annually to the Board a renewal application. The deadline for submission is August 1 in the renewal year. Applications shall be postmarked or re…

21 NCAC 28B .0302 REINSTATEMENT (a) All applicants for reinstatement under this Rule shall submit an application to the Board. The application form shall be obtained by contacting the Board office. The reinstatement application shall require the following: (1) The applicant's hom…

21 NCAC 28B .0303 QUALIFIER/QUALIFYING PARTY; USE OF ASSUMED NAME (a) Each license shall have a person associated with the license who shall be deemed the "qualifier" or the "qualifying party." The qualifier shall be an individual who has passed the Board's examination in accorda…

section .0400 - continuing education 21 NCAC 28B .0401 GENERAL To ensure continuing efforts on the part of licensed contractors to remain current with new developments in landscape technology and to encourage better business practices and safety in the profession, continuing educ…

21 NCAC 28B .0402 CONTINUING EDUCATION UNITS (a) A licensee shall complete in-person seven continuing education units (CEUs) during the year preceding renewal. At least three of the seven CEUs must be technical credits and at least two of the seven CEUs must be business credits. …

21 NCAC 28B .0403 CONTINUING EDUCATION RECORDS; AUDIT (a) A licensee shall maintain records of attendance at continuing education programs for which CEUs have been approved for three years following the processing date of the renewal application to which the CEUs were applied. (b…

21 NCAC 28B .0404 EXTENSION OF TIME (a) The Board shall grant a licensee an extension of time to complete CEU requirements during a period of service in the Armed Forces of the United States upon submission of the following to the Board: (1) Written request for an extension; and …

21 NCAC 28B .0405 REQUESTS FOR APPROVAL (a) All requests for CEU approval shall include the following: (1) All applicants for continuing education credit shall submit an application to the Board. The application form shall be available on the Board website or may be obtained by c…

21 NCAC 28B .0406 EMERGENCY EXTENSIONS OF CONTINUING EDUCATION REQUIREMENTS: LICENSED LANDSCAPE CONTRACTORS (a) All active licensees shall be granted a one-year extension of all continuing education requirements for the license year ending July 31, 2020. The required hours shall …

section .0500 - miniumum standards 21 NCAC 28B .0501 GENERAL (a) Prior to commencing work, services performed by a licensed landscape contractor ("licensed contractor") that exceed five thousand dollars ($5,000) in value shall be described in a written agreement. This agreement m…

21 NCAC 28B .0502 PLANTING When planting, the licensed contractor shall: (1) Avoid potential planting conflicts with utilities and sight lines. (2) Protect plant material from physical damage and desiccation during transport. (3) Maintain plants during landscape construction. (4)…

21 NCAC 28B .0503 TURF (a) When establishing natural turf, the licensed contractor shall: (1) Notify the owner or the construction manager whether there is adequate time to establish the specified turf from seed within the construction schedule and prior to finish of the job; (2)…

21 NCAC 28B .0504 FINISH GRADE When grading, the licensed contractor shall: (1) Grade the surface such that the finish grade is smooth and free of depressions and debris; (2) Insure positive water flow through the site, away from structures, and in such a manner that there is no …

21 NCAC 28B .0505 DESIGN AND CONSULTATION (a) The licensed contractor shall be permitted to perform work as defined in G.S. 89D-11(3) and G.S. 89D-12 on the following project sites: (1) A single family residential project of any size; (2) A non-single family project under one acr…

21 NCAC 28B .0506 DRAINAGE SYSTEMS AND CISTERNS Licensed contractors shall: (1) Install drainage systems and cisterns in accordance with state and local codes and ordinances; (2) Install drainage conveyances in such a way that there is a positive flow; (3) Install drainage system…

21 NCAC 28B .0507 LOW-VOLTAGE LIGHTING; POOLS (a) When installing low-voltage landscape lighting systems, the licensed contractor shall: (1) Insure that all wire connections are waterproof; (2) Only use weather-proof fixtures; (3) Supply lamps per the manufacturer's specification…

21 NCAC 28B .0508 WALLS (a) When installing retaining walls, the licensed contractor shall: (1) Adhere to all pertinent codes; (2) Adhere to all NC Department of Insurance requirements regarding the construction of retaining walls which are hereby incorporated by reference and ca…

21 NCAC 28B .0509 PAVING When paving, the licensed contractor shall: (1) Follow manufacturer's recommendations and specifications; (2) Choose paving materials that are appropriate for the project, based on the contractor's professional judgment; (3) Install paving on a well-compa…

21 NCAC 28B .0510 PRUNING (a) When pruning, a licensed contractor shall: (1) Use sharp tools; (2) When making a pruning cut that removes a branch at its point of origin, make the cut close to the trunk or parent branch without cutting into the branch bark ridge or branch collar o…

21 NCAC 28B .0511 WILDFLOWER, NATIVE GRASS, AND NO-MOW SEED ESTABLISHMENT When establishing wildflower, native grass, or no-mow seeding, a licensed contractor shall: (1) Prior to construction, inform the owner or construction manager of the time required to establish native bunch…

section .0600 - fees 21 NCAC 28B .0601 Fee SCHEDULE (a) The Board shall charge the following fees: (1) Application: $75.00; (2) Examination: $150.00; (3) Individual license fee: $100.00; (4) Corporate license fee: $100.00; (5) License renewal: $100.00; (6) Late renewal: $25.00; (…

section .0700 - complaints; investiGAtions 21 NCAC 28B .0701 Complaints; Investigations (a) All complaints filed with the Board shall be filed either on a form provided by the Board or via the Board's online complaint process at www.nclclb.com. All complaints must contain the fol…

SECTION .0800 - hearings process; summary suspension 21 NCAC 28B .0801 Probable Cause Upon a determination that there is probable cause to believe a violation of G.S. 89D or the rules of this Subchapter exists, the Board shall issue a Notice of Hearing pursuant to G.S. 150B-38(b)…