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Subchapter 001: GENERAL PROVISIONS
§ 2611. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Disciplinary action” means any action taken against a licensed landscape architect
for unprofessional conduct.
(3) “Landscape architect” means a person who complies with all provisions of this chapter
and is licensed by the Director to engage in the practice of landscape architecture.
(4) “License” means an authorization granted by the Director to practice landscape architecture.
(5) “Practice of landscape architecture” means any service where landscape architectural
education, training, experience, and the application of mathematical, physical, and
social science principles are applied in consultation, evaluation, planning, and design,
including the preparation and filing of drawings, plans, specifications, and other
contract documents and the administration of contracts relative to projects principally
directed at the functional and aesthetic development, use, or preservation of land
that directly affects the health, safety, and welfare of the public. These services
include the implementation of land development concepts and natural resource management
plans through the design or grading of: land forms; on-site, surface, and storm water
drainage; soil conservation and erosion control; small water features; pedestrian,
bicycle, and local motor vehicular circulation systems; and related construction details. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2612. Prohibition and enforcement
(a) No person shall:
(1) Practice or attempt to practice landscape architecture or hold himself or herself
as being able to do so in this State without first obtaining a valid license as required
by this chapter.
(2) Use the title “landscape architect,” “landscape architecture,” or “landscape architectural”
in connection with the person’s name without being duly licensed under this chapter.
(b) No person licensed under this chapter shall:
(1) stamp or seal documents with his or her landscape architect seal if his or her license
has expired or is revoked or suspended;
(2) practice or attempt to practice landscape architecture during license revocation or
suspension;
(3) engage in unprofessional conduct;
(4) violate any provisions of this chapter.
(c) A person who willfully violates any provisions of subsection (a) of this section shall
be subject to the penalties provided in 3 V.S.A. § 127(c).
(d) The administrative law officer may bring an action for injunctive relief to enforce
the provisions of this chapter. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2613. Exemptions
(a) This chapter shall not affect or prevent:
(1) the practice of architecture, land surveying, engineering, or other licensed profession
by persons not licensed under this chapter;
(2) drafters, clerks, project managers, superintendents, students, and other employees
or interns from acting under the instructions, control, or supervision of their employers;
(3) the construction, alteration, or supervision of sites by contractors or superintendents
employed by contractors or the preparation of shop drawings in connection with the
construction, alteration, or supervision;
(4) owners or contractors from engaging persons who are not landscape architects to observe
and supervise site construction of a project;
(5) the preparation of construction documents showing plantings, other horticulture-related
elements, or landscape materials unrelated to horticulture;
(6) individuals from making plans, drawings, or specifications for any property owned
by them and for their own personal use;
(7) the design of irrigation systems; or
(8) officers or employees of the federal government from working in connection with their
employment.
(b) This section shall not be construed to permit a person not licensed as provided in
this chapter to use the title landscape architect or any title, sign, card, or device
to indicate that the person is a landscape architect.
(c) This chapter shall not be construed to limit or restrict in any manner the right of
a practitioner of another profession or occupation from carrying on in the usual manner
any of the functions of that profession or occupation as their experience, education,
and training allow them to practice, including the professions of landscape design,
garden design, planning, forestry, and forestry management. (Added 2009, No. 84 (Adj. Sess.), § 2; 2019, No. 178 (Adj. Sess.), § 15, eff. Oct. 1, 2020.)
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Subchapter 002: ADMINISTRATION
§ 2621. Office of Professional Regulation
(a) The Director shall:
(1) provide general information to applicants for licensure as landscape architects;
(2) explain appeal procedures to licensed landscape architects and applicants, and complaint
procedures to the public;
(3) administer fees as established by law;
(4) receive applications for licensure; administer examinations; provide licenses to applicants
qualified under this chapter; and renew, revoke, and reinstate licenses as ordered
by an administrative law officer; and
(5) refer all disciplinary matters to an administrative law officer.
(b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 2009, No. 84 (Adj. Sess.), § 2; amended 2013, No. 27, § 31.)
§ 2622. Advisor appointees
(a) The Secretary of State shall appoint two landscape architects for five-year staggered
terms to serve at the Secretary’s pleasure as advisors in matters relating to landscape
architecture. One of the initial appointments may be for less than a five-year term.
An appointee shall have not less than three years’ experience as a landscape architect
immediately preceding appointment, shall be licensed as a landscape architect in Vermont
or be in the process of applying for licensure, and shall be actively engaged in the
practice of landscape architecture in this State during incumbency.
(b) The Director shall seek the advice of the landscape architect advisors in carrying
out the provisions of this chapter. (Added 2009, No. 84 (Adj. Sess.), § 2; amended 2011, No. 66, § 8, eff. June 1, 2011.)
§ 2623. Applications
Applications for licensure shall be on forms provided by the Director. Each application
shall contain a statement under oath showing the applicant’s education, experience,
and other pertinent information and shall be accompanied by the required fee. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2624. Qualifications
(a) A person shall be eligible for licensure as a landscape architect if the person qualifies
under one of the following provisions:
(1) Comity or endorsement. A person holding a registration or license to engage in the practice of landscape
architecture issued on the basis of an examination administered by the Council of
Landscape Architectural Registration Boards, by the appropriate regulatory authority
of a state, territory, or possession of the United States, the District of Columbia,
or another country based on requirements and qualifications shown by the application
to be equal to or greater than the requirements of this chapter may be examined on
landscape architecture matters peculiar to Vermont and granted a license at the discretion
of the Director. The Director shall accept evidence that an applicant holds a valid
certificate from the Council of Landscape Architectural Registration Boards as proof
of qualification for licensure under this subdivision.
(2) Graduation and examination. An applicant who has graduated, having completed a landscape architecture curriculum
approved by the Landscape Architectural Accreditation Board, followed by at least
three years of diversified experience in landscape architecture under the supervision
of a licensed, registered, or certified landscape architect and who has passed an
examination administered by the Council of Landscape Architectural Registration Boards
may be granted a license. The Director may accept experience received under the supervision
of a licensed or registered architect, professional engineer, or land surveyor for
one year of the experience required under this subdivision. All applicants shall have
at least two years of experience under the supervision of a licensed, certified, or
registered landscape architect.
(3) Experience and examination. An applicant who has completed nine or more years’ diversified experience in landscape
architecture under the supervision of a licensed, certified, or registered landscape
architect and who has passed an examination administered by the Council of Landscape
Architectural Review Boards may be granted a license. Experience received under the
supervision of a licensed or registered architect, professional engineer, or land
surveyor may be substituted for no more than three years of this requirement. Credits
from a landscape architecture program accredited by the Landscape Architectural Accreditation
Board may be substituted for up to no more than three years of this requirement.
(b) Upon application for licensure, an applicant qualifying for licensure under subdivision
(a)(2) or (3) of this section shall file a report with the Director certifying the
practical experience requirements completed. The Director shall certify that, to the
best of the Director’s knowledge, the report is correct.
(c) An applicant may submit experience accrued for a period of three years in the practice
of landscape architecture, as defined in subdivision 2611(5) of this title, in order to meet the experience requirements set forth in subsection (a) of this
section if the experience was obtained in Vermont on or before December 31, 2011.
Evidence of experience shall be reviewed and approved by the Director.
(d) An applicant qualifying for licensure under subdivision (a)(2) or (3) of this section
shall pass a written examination administered by the Council of Landscape Architectural
Boards on technical and professional subjects as may be prescribed by the Council
of Landscape Architectural Boards. Applicants may apply for examination before completing
the experience requirement as long as the experience requirements will be fulfilled
by the examination date. Notification of the results of examinations shall be mailed
to each candidate within 30 days of the date the results are received by the Director.
A candidate failing to pass the examination may apply for reexamination and may sit
for a regularly scheduled examination as many times as the candidate chooses to do
so. If an applicant does not pass the entire examination, the applicant shall not
be required to retake any section of an examination that the applicant has previously
passed. No license shall be granted to an applicant until he or she passes all sections
of the exam.
(e) Licensing standards and procedures adopted by the Director by rule shall be fair and
reasonable. Those standards and procedures shall be designed and implemented to ensure
that all applicants are admitted to practice unless there is a good reason to believe
that practice by a particular applicant would be inconsistent with the public health,
safety, or welfare. Licensing standards shall not be designed or implemented for the
purpose of limiting the number of licensed landscape architects. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2625. Licensure; generally
The Director shall issue a license, upon payment of the fees required in this chapter,
to an applicant who has satisfactorily met all the requirements of this chapter. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2626. License renewal
(a) A license shall be renewed every two years upon application and payment of the required
fee. Failure to comply with the provisions of this section shall result in suspension
of all privileges granted to the licensee, beginning on the expiration date of the
license. A license that has lapsed shall be renewed upon payment of the biennial renewal
fee and the late renewal penalty.
(b) The Director may adopt rules necessary for the protection of the public to assure
the Director that an applicant whose license has lapsed or who has not worked for
more than three years is professionally qualified. Conditions imposed under this subsection
shall be in addition to the requirements of subsection (a) of this section. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2627. Fees
Applicants and persons regulated under this chapter shall pay those fees set forth
in 3 V.S.A. § 125(b). (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2628. Seal
Each licensed landscape architect shall obtain a seal of a design as the Director
shall authorize and direct. Plans and specifications prepared by or under the direct
supervision of a licensed landscape architect shall be stamped with the licensed landscape
architect’s seal. (Added 2009, No. 84 (Adj. Sess.), § 2.)
§ 2629. Unprofessional conduct
Unprofessional conduct means the following conduct and the conduct by a licensee or
applicant for licensure as set forth in 3 V.S.A. § 129a.
(1) Accepting and performing responsibilities which the licensed landscape architect knows
or has reason to know that he or she is not competent to perform, or undertaking to
perform professional services in specific technical areas in which the licensed landscape
architect is not qualified by education, training, and experience;
(2) Failing to practice with reasonable care and competence and to apply the technical
knowledge and skill ordinarily applied by licensed landscape architects practicing
in the same locality;
(3) Assisting in the application for licensure of a person known by the licensed landscape
architect to be unqualified in respect to education, training, or experience;
(4) Accepting compensation for services from more than one party on a project unless the
circumstances are fully disclosed and agreed to by all interested parties;
(5) Failing to disclose fully in writing to a client or employer the nature of any business
association or direct or indirect financial interest substantial enough to influence
the licensed landscape architect’s judgment in the performance of professional services;
(6) Soliciting or accepting compensation from material or equipment suppliers in return
for specifying or endorsing their products;
(7) Failing to disclose compensation for making public statements on landscape architectural
questions;
(8) Offering or making a payment or gift to an elected or appointed government official
with the intent to influence the official’s judgment in connection with a prospective
or existing project in which the licensed landscape architect is interested;
(9) Offering or making a gift of other than nominal value, including reasonable entertainment
and hospitality, with the intent to influence the judgment of an existing or prospective
client in connection with a project in which the licensed landscape architect is interested;
(10) Knowingly designing a project in violation of applicable State and local laws and
regulations;
(11) Making a willful material misrepresentation with respect to the qualifications or
experience of an applicant or otherwise in the practice of the profession, whether
by commission or omission;
(12) Acting, while serving as an advisor to the Director, in any way to contravene willfully
the provisions of this chapter and thereby artificially restricting the entry of qualified
persons into the profession;
(13) Using the licensed landscape architect’s seal on drawings prepared by others not in
his or her employ, or using the seal of another;
(14) Inaccurately representing to a prospective or existing client or employer the licensed
landscape architect’s qualifications and scope of responsibility for work for which
he or she claims credit;
(15) Signing or sealing technical submissions unless they were prepared by or under the
responsible control of the licensed landscape architect, except that the licensed
landscape architect may sign or seal those portions of the technical submissions that
were prepared by or under the responsible control of persons who are licensed under
this chapter if the licensed landscape architect has reviewed and adopted in whole
or in part those portions and has either coordinated their preparation or integrated
them into his or her work; and
(16) In each office maintained for preparation of drawings, specifications, reports, or
other professional work, failing to have a licensed landscape architect with direct
knowledge and supervisory control of such work resident and regularly employed in
that office. (Added 2009, No. 84 (Adj. Sess.), § 2.)