Like most of us in the tree care industry – and all industries, I would imagine – we are constantly trying to overcome obstacles in business, be they equipment, staff, cash flow, backlogs and the list goes on. Now that I no longer need to address those day-to-day obstacles, I can turn to looking at other obstacles the tree care industry faces.

All tree care companies operating in New Jersey must register with the state’s Board of Tree Experts. Courtesy of Stephen Chisholm Sr.

Based on conversations with other tree-service owners, social media posts and personal observations, the presence of uninsured, untrained and unprofessional “competition” appears to be more prevalent now than ever. The reasons for this are numerous and not the point of this article. However, comparing us to other service industries, along with the increased hazards and risks associated with our work, it is surprising that most states have ineffective licensing or none at all for arborists. In contrast, plumbers, electricians, general contractors, barbers, massage therapists and several other industries require formal state licensing. Why not us?

While I am certainly not the first to ask the question, I thought it would be helpful to understand the status of licensing and where the industry is headed in this regard.

At this point, 24 of the 50 states require some form of licensing. However, the intensity of enforcement varies, and in many states, the regulations just “check the box,” so to speak. The states with the strictest laws are California, New Jersey and Maryland.

California
To see how effective licensing has worked, I asked Peter Sortwell, recently retired and past president of Arborwell Tree Care and past TCIA Board chair, about his experience with state licensing in California.

Obtaining a C-49 Tree & Palm Contractor license is essential for tree care companies to operate legally and competitively on projects of more than $500 in California, according to Sortwell. The license enhances credibility, expands business opportunities and ensures safety compliance, he says. However, compliance requires significant time, costs and administrative burdens, plus the need to employ Certified Arborists and Certified Treecare Safety Professionals (CTSPs).

If one’s business goals are to grow and participate in large-scale projects, licensing is mandatory in California, says Sortwell. The state does have a dedicated website and offers licensing consultants.

When asked about enforcement, Sortwell mentioned several obstacles.

• Many unlicensed companies operate under the radar, especially in rural areas. This makes enforcement difficult.
• Homeowners are not aware of licensing and therefore fail to report the illegitimate companies.
• When there is enforcement, it does not have enough teeth to deter those players from going rogue again.

All in all, Sortwell says he believes licensing is beneficial in proving a company’s legitimacy. However, it does nothing in terms of actual arboricultural knowledge and performance.

New Jersey
In New Jersey, they replaced requirements dating back to 1940 with updated requirements approved in 2010 but that only became effective in 2017. Proposed by professional arborist associations and safety groups, along with the support of state senators from both sides of the aisle, New Jersey’s licensing has been considered the benchmark for other states.

Steve Chisholm Sr., president of Aspen Tree Expert Co., Inc., a dual-accredited, 38-year TCIA member company based in Jackson, N.J., is also a New Jersey Licensed Tree Expert and president of the New Jersey Board of Tree Experts. He provided the following history on licensing in New Jersey from the NJ Board of Tree Experts’ website.

In 1940, the state authorized the creation of the NJ Board of Tree Experts to develop a professional examination for individuals with arboriculture knowledge and background. The Board created and awarded the Certified Tree Expert (CTE) credential. While this certification was voluntary, it was unlawful to promote or oneself as being certified if they did not hold the CTE credential, and violators could be fined $1,000 for each infraction.

More recently, due to changes within the industry, including the workforce and machinery utilized, a need was identified to protect companies and consumers from avoidable accidents, according to information provided by Chisholm. The New Jersey legislature passed the Tree Expert and Tree Care Operators Licensing Act in January 2010. One of the main reasons for the new legislation was to protect consumers from unfair or unscrupulous operators and practices, but it also aimed to protect workers.

Highlights of current New Jersey licensing include:

• Requirement of an exam proving your knowledge, ability and strong moral character.
• Two tiers of licensing: LTE (Licensed Tree Expert) and LTCO (Licensed Tree Care Operator), whose work is overseen by an LTE.
• Establishes minimum qualifications to take the examinations and identifies specific tree services that each title can perform.
• All tree care companies operating in New Jersey must register with the state’s Board of Tree Experts.
• Requires at least one person be licensed in each company hiring itself out to perform tree care services.
• Requires minimum continuing education units be earned prior to re-issuance of the license.
• Requires businesses to provide instruction and training on safe use of equipment and safe working procedures at the work site and to document this training.
• Requires tree care businesses to carry minimum levels of liability insurance and to provide proof they are adhering to workers’ compensation insurance rules.

Maryland has had “tree expert licensing” since the 1950s. Image courtesy of Bob Mead.

Maryland
“I believe there are probably about 1,500 Licensed Tree Experts within the state of Maryland,” says Bob Mead, recently retired owner of Mead Tree and Turf Care Inc., an accredited, 35-year TCIA member company based in Woodbine, Md. “I’ve been a licensed tree expert myself since about 1984.’

Mead, who retired October 1 and handed his company over to his daughter, Joanne, says in Maryland, as with most arborist licensing, the individual holds the license. “The person, such as myself, is licensed in the state of Maryland. I hold the Maryland State Tree Expert License. Any of my employees fall under the auspices of my license,” though only when they are on the clock working for the license holder, he says. “Right now we have four Licensed Tree Experts within the company.”

“Maryland, I believe, was one of the first states in the nation (to require) tree expert licensing. I believe it was the mid-’50s it came around. There have been a few changes to it in the last 20 to 30 years,” Mead says.

“It used to just cover tree pruning and care of trees, it didn’t cover removals,” says Mead. “About 10 to 15 years ago, a group of us form the Maryland Arborists Association got together and lobbied for it to cover tree removal. We felt that tree removals were more dangerous and caused more harm to consumers. You know, licensing is not only about protecting trees, it’s about protecting consumers. It took a couple of legislative sessions, but we finally got that passed.”

But there had to be some concessions made, he says. “It used to be that you had to have five years’ experience, verifiable experience, before you could sit for the licensing exam. The exam consisted of an exam basically similar to the ISA Certified Arborist exam as well as physical tree ID.” The requirements have eased somewhat, he says. “To become eligible now to sit for the exam, you can have three years of experience or a college degree related to it and one year of experience.

“It’s still a good exam,” Mead says, “It’s not a gimme.

“Then we lobbied for renewals with continuing education, and we got a lot of pushback on that. But the legislature finally agreed with us on that – that was good thing,” Mead says. “That became a hot topic, but you (only) have to get eight continuing education credits or units (CEUs) per two-year period. It’s a biennial, an every-other-year renewal now.”

Maryland also has the Roadside Tree Expert license. “That license is for municipal arborists, but they can’t go out and be weekend warriors under that license.” There are fines for doing so. “The usual fine start at about $500.”

Penalties for operating without being a Licensed Tree Expert License can be particularly harsh if the offense involves defrauding a consumer, says Mead. “They can suspend or revoke your license.”

That doesn’t stop individuals and companies from working under the radar, Mead says. “Oh, yeah, it’s rampant.”

In process in Georgia
A state in the midst of enacting regulation is Georgia. My friend and colleague, Kevin Caldwell, former president of Caldwell Tree Care in Roswell, Ga., and now vice president of sales with Tree Guardians, says Georgians For a Safer Tree Industry was formed by a group of Georgia arborists to adopt regulations and licensing for tree care companies in the state. The group introduced a licensing bill to Georgia’s General Assembly, and lawmakers are expected to revisit the issue in upcoming sessions. Included will be mandatory training, certification and insurance standards.

To summarize from my findings, here are some items to consider.

Pros and cons
Licensing pros:

• Improves a company’s confidence and professionalism.
• Reassures consumers that the company meets industry standards.
• Helps with safety and adherence to ANSI standards.
• Assures maintenance of proper insurance coverage.
• Helps companies differentiate themselves from unlicensed competition.
• Allows for public bidding.
• Levels the playing field.

Licensing cons:

Adds additional fees to maintain license status.

• Requires continuing education expenses and documentation.
• Some states require exams in addition to certification.
• Increases minimum insurance requirements.
• Creates confusion when operating in different states.
• Prohibits start-up companies from forming.
• Lack of clarity.
• Limited enforcement.
• Recurring violators pay the fine and continue with substandard practices.

The New Jersey legislature passed the Tree Expert and Tree Care Operators Licensing Act in 2010, but it only became effective in 2017. Courtesy of Steve Chisholm Sr.

What’s ahead?
Going forward, aside from these grassroots efforts on the part of dedicated groups and individuals, are there other larger, more powerful organizations to bring attention to the unregulated, unsafe, uninsured “operators” messing up the industry? Or will that issue continue to be part of our industry? Not that it offers much consolation, but I cannot help but think of one of many great quotes from the late Gordon King, professor at UMass and Stockbridge School of Agriculture, as it might relate to licensing and regulation. “Is it good or is it bad? It’s debatable!”

Hopefully, with our industry’s push toward apprenticeships and our decades-long fight to have OSHA create industry-specific regulations for tree care operations, more attention will be given to the lack of industry oversight.

Andrew “Andy” W. Felix is founder and past president of Tree Tech Inc., a dual-accredited, 38-year TCIA member company based in Foxboro, Massachusetts. He is also a past chair of TCIA’s Board of Directors