Arboriculture & Urban Forestry 32(6): November 2006 Arboriculture & Urban Forestry 2006. 32(6):271–276. 271 Certain Characteristics of Unlicensed Tree Expert Companies Advertising in Maryland, U.S. Michael F. Galvin Abstract. In 2005, Maryland’s tree expert licensing law, initially enacted in 1945, was amended to include tree removal as an activity requiring a tree expert license. The Maryland Department of Natural Resources (MD DNR) sought to identify and communicate with the potentially affected community regarding the pending changes in the law by a number of means, including a search of companies advertising tree services in Maryland by online phone listings. The majority of firms (69.91%) found to be advertising tree services online were unlicensed tree experts (UnLTEs). A significant number of those UnLTEs (40%) did not provide full contact information, including a street address, and no current address was available for over 25% of them. Only 21 of the UnLTEs studied had ever been the subject of a complaint toMDDNR and those firms accounted for only 18.2% of complaints MD DNR received regarding UnLTEs during a 10 year period. UnLTEs were found in approximately equal measure in one of three business types: incorporated, unincorporated, or unknown (sole proprietorships, general partnerships, or noncompliant). UnLTEs are fairly ubiquitous in small numbers across Maryland with the largest concentrations found close to the borders of adjacent states, in the northeast metropolitan area of Mary- land’s largest city (Baltimore), and around the state capital (Annapolis). Key Words. Arborists’ licensing; commercial arborists; tree experts. DEFINITIONS NOTE: All definitions refer to the period of time following the passage of House Bill 168 (explained subsequently). Licensed tree expert: a person who has received a license displaying the person’s qualifications to practice as a tree expert (State of Maryland 2005). Person: an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partner- ship, firm, association, corporation, or other entity (State of Maryland 1995). Tree expert: a person who represents to the public that the person is skilled in the science of tree care or removal and who, whether in the business of the person or as the employee of another person and whether under the title of arborist, tree specialist, tree surgeon, tree expert, or otherwise, engages in the business or work of the treatment, care, or removal of trees for compensation by 1. Making diagnoses, prescribing, and supervising the treatment for trees; or 2. Trimming, pruning, thinning, cabling, shaping, remov- ing, or reducing the crown of trees. “Tree expert” does not include 1. A person engaged in commercial logging or timber har- vesting operations; 2. A person engaged in the installation of underground facilities or any associated site construction; or 3. A person who treats, cares for, or removes a tree that is 20 ft tall or less (State of Maryland 2005). Unlicensed tree expert: a person who is a tree expert but is not a licensed tree expert. BACKGROUND On 5 April 1945, the Maryland General Assembly passed House Bill 61. This bill, the initial iteration of the Maryland Tree Expert law, required that persons performing tree care for hire be licensed by the State Forester. There are currently 671 licensed tree experts (LTEs) in Maryland. Tree care has historically been viewed by the state’s legislature and courts as not including tree removal. In recent years, numerous bills have been introduced in various legislative sessions with the intent of modifying the definition of the work of a tree expert (TE) to include tree removal. Most of these have been introduced at the request of, or been supported by, LTEs. In a survey of LTEs, Galvin and Becker (1998) reported that one of the primary program- matic modifications recommended by LTEs was revision of the LTE law to include tree removal in the definition of tree ©2006 International Society of Arboriculture
November 2006
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