MNLA Members,
This is an update to matters related to the Governor’s Executive Order 20-20, additional clarification issued by the Governor’s office, and the current situation for our industry:
REGARDING REQUEST FOR CLARIFICATION – “LANDSCAPING”
We’ve just received a response from the Governor’s office related to MNLA’s latest appeal on “landscaping” during the two week “stay-at-home” order (midnight March 27, 2020 through midnight April 10, 2020):
“Landscaping is not generally exempt, unless it is done in service to a critical industry or an emergency need. An example of a critical industry is construction.”
“Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians,
landscapers,
and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response.”
* Each Green Industry business owner must ask themselves and their (critical industry) client the following: “Is the service I am providing necessary to maintain the safety, sanitation and essential operation of my client?” If the answer is “no” then you should likely hold off on providing this service during the “stay at home” order time frame (EO 20-20). This decision should ultimately be made by you, your business, and with your legal counsel.
GENERAL GUIDANCE FOR MNLA MEMBERS AS OF MARCH 29, 2020
During the two-week stay at home order, very generally, the below applies to the Green Industry. Please note, this is not legal advice. If you have a specific question about the services you provide, please consult legal counsel:
- Wholesale nursery growers – exempt under “agriculture guidelines”
- Retail nurseries and garden centers – may continue operations “by delivery only”
- Greenhouse (commercial flower) growers – exempt under “agriculture guidelines”
- Landscape contractors/installation – exempt under “construction guidelines” if done in service to a critical industry*
- This will be a project-by-project based decision – a landscape project through a general contractor would likely fit the definition, while an elective residential landscape project may not.
- Irrigation services - exempt under “construction guidelines” for installation; maintenance may be exempt if done in service to a critical industry or an emergency need*
- This will be a project-by-project based decision – a project through a general contractor would likely fit the definition, while a residential irrigation start up may not.
- Lawn Care services – Not exempt per updates on March 27, 2020
- Landscape management services – exempt only if performed in service to a critical industry or an emergency need*
- This will be a project-by-project based decision – sanitation services on hospital grounds would likely fit the definition while applying pre-emergent to a residential property may not.
- Professional gardening services - exempt only if performed in service to a critical industry or an emergency need*
- Commercial arborists and tree care services - exempt only if performed in service to a critical industry or an emergency need*
- Snow and ice management services – exempt only if performed in service to a critical industry or an emergency need*
- Wholesale sales for construction or maintenance - is exempt under NACIS codes including but not limited to 4233 "Lumber and Other Construction Materials" and 4249 "Misc. Non-Durable Goods Merchant Wholesalers.")
Should you choose to continue operations in compliance with the executive order, MNLA advises strict adherence to MDH and CDC guidance.
Tim Malooly, Water in Motion
MNLA President
