Storm contractor rules in Kentucky: price gouging and the 2026 contractor registration section that names tree or debris removal
Kentucky's statute names tree work in a post-disaster contractor rule. KRS 367.379, effective July 15, 2026, lets the Attorney General require registration of contractors who do tree or debris removal. This page restates it with the price gouging and home solicitation sections as the Legislative Research Commission publishes them, read on October 9, 2026.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Every row is Kentucky Revised Statutes text. The registration section is the first row because it is the one that names tree work.
The sections in one table
| Section | What it says |
|---|---|
| 367.379(1), who is a contractor | For this section a contractor is any person or business engaged in roofing or siding repair or replacement, water damage mitigation or restoration, or tree or debris removal |
| 367.379(2), the order | When the Governor, a local chief executive officer or a local government declares a state of emergency that results from an incident that destroys real estate, the Attorney General may order all contractors in the designated area to comply with the section, for a period the Attorney General finds sufficient, which later orders may extend. Any peace officer in the area may enforce the order. A certificate of registration cannot be transferred, leased or sold |
| 367.379(3), what the contractor files | An application to the Attorney General with the business and owner details, a local contact person who answers for employees and solicitors, evidence of a liability policy or bond, evidence of workers' compensation compliance, former business names from the past ten years and whether the business has been sued over its business. The contractor must show the certificate on request and post it at each job site |
| 367.379(4), door-to-door | A contractor shall not solicit business in person in the designated area for 90 days after the declaration without the property owner's prior approval. The ban does not cover in-person solicitation the owner requests, public advertising, or telephone and digital contact |
| 367.379(5) and (8), local rules | A local government may not require its own emergency registration or licence from a contractor who complies with the state section, unless the Attorney General finds the local requirements greater and so orders. The section does not stop a local government enforcing general occupational licence rules or itinerant merchant ordinances. The section is shown as created by 2026 Ky. Acts ch. 54, effective July 15, 2026 |
| 367.374, price rule | When the Governor has declared an emergency under KRS 39A.100, the Governor may implement the section by executive order for 15 days in the declared area, with up to three more 15-day extensions. It bars a price grossly in excess of the price before the declaration and unrelated to increased cost for listed goods and services, including goods or services for emergency cleanup, building materials, and any repair or reconstruction service |
| 367.374 and 367.372, safe harbours | A price is not a violation if related to an added supplier or labour cost, 10 percent or less above the price before the declaration, 10 percent or less above cost plus normal markup, consistent with market or seasonal fluctuation, or set by contract before the order. "Repair or reconstruction services" means repairs to residential or commercial property damaged by a natural or man-made disaster |
| 367.378, penalty | A willful violation of 367.374 carries a civil penalty of up to US$5,000 for the first violation and up to US$10,000 for each later one, with an aggregate of up to US$25,000 in any 24-hour period |
| 367.410 and 367.430, home solicitation | A home solicitation sale is a personal solicitation at the buyer's residence where the offer is given there. The seller must present a written agreement dated on the day the buyer signs, with the caption "BUYER'S RIGHT TO CANCEL", saying the buyer may cancel by mail before midnight of the third business day. The written agreement and caption requirement does not apply where the buyer requests the goods or services in an emergency |
Two separate triggers
The contractor section and the price section start differently. Section 367.374 works only after the Governor issues an executive order implementing it, and it lasts 15 days at a time. Section 367.379 starts with an order from the Attorney General, after a declaration by the Governor, a local chief executive officer or a local government, and has no fixed length: the Attorney General sets the period. The in-person solicitation ban in 367.379(5) runs 90 days from the declaration, which is a different clock from the order itself.
Licence rules
The registration in 367.379 is an emergency registration with the Attorney General. It is not a trade licence, and none of the sections read says whether Kentucky otherwise licenses tree work. For how other states treat tree work, see contractor licences for tree work. The scam warnings that attorneys general issue after storms are on the storm tree scams page.
Sources
- Kentucky Legislative Research Commission, KRS 367.379, contractors during a declared state of emergency, read October 9, 2026
- Kentucky Legislative Research Commission, KRS 367.374, sale or rental of goods and services during a declared state of emergency, read October 9, 2026
- Kentucky Legislative Research Commission, KRS 367.372, definitions, read October 9, 2026
- Kentucky Legislative Research Commission, KRS 367.378, penalties, read October 9, 2026
- Kentucky Legislative Research Commission, KRS 367.410, home solicitation sale defined, read October 9, 2026
- Kentucky Legislative Research Commission, KRS 367.430, notice of right to cancel, read October 9, 2026