§ 3:3808 — Terms and conditions of licenses and permits

Louisiana § 3:3808

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§3808. Terms and conditions of licenses and permits
A. A person who presents himself as, or advertises as, engaging in the arborist
profession shall be required to obtain a license which shall subject that person to the
following provisions:
(1) An arborist's license authorizes the holder thereof to recommend or execute the
following measures:
(a) The removal of a tree or a portion of a tree.
(b) Measures to prolong the life of a tree.
(c) Measures to enhance the aesthetic value of a tree.
(2) For license renewal, each arborist shall do the following:
(a) Complete a continuing training seminar that may be administered by the
Louisiana Arborist Association or any other entity as determined by the commission.
(b) Show proof of current and sufficient general liability and workers' compensation
insurance, if applicable.
B. and C. Repealed by Acts 2024, No. 643, §2, eff. June 11, 2024.
D. A landscape horticulturist's license authorizes the holder to do the following:
(1) Implement plans, studies, surveys, specifications, and designs prepared by a
licensed landscape architect.
(2) Recommend and implement measures for interior and exterior beautification and
development through the use of nursery stock.
(3) Sell or lease nursery stock and to recommend and execute measures for the
maintenance of nursery stock. Each landscape horticulturist may use his license for the sale
or lease of nursery stock from only one place of business. The license shall be on display at
all times during the hours nursery stock is sold.
(4) Prepare drawings to indicate the placement of nursery stock. Each drawing shall
include the name and license number of the landscape horticulturist who prepared the
drawing. No fee shall be charged for preparing a drawing. A landscape horticulturist may
use a drawing prepared by him in connection with the submission of a bid proposal. A
drawing shall not be used by any person to solicit bids for the sale of materials or rendering
of services regulated by the Commission.
E. Landscape architects shall be subject to the following provisions:
(1) A landscape architect's license authorizes the holder thereof to perform
professional services such as consultation, investigation, research, preparation of general
development and detailed landscape design plans, studies, specifications, and responsible
supervision in connection with the development of landscape areas where, and to the extent
that, the principal purpose of the service is to arrange and modify the effects of natural
scenery for aesthetic effect, considering the intended use of the land. Such services concern
the arrangement of natural forms, features, and plantings, including the ground and water
forms, vegetation, circulation, walks, and other landscape features to fulfill aesthetic and
practical requirements.
(2) In order to accomplish the duties described in Paragraph (1) of this Subsection,
the landscape architect may prepare feasibility studies; formulate graphic and written criteria
to govern the aesthetic and practical planning and design of land construction programs;
prepare, review, and analyze plans for aesthetic and practical land use and development;
produce landscape plans, landscape grading and landscape drainage plans, landscape
irrigation plans, planting plans, and related landscape construction details, specifications,
estimates of probable costs, and reports for aesthetic and practical land use; collaborate in
the design of pleasing and practical settings and approaches for vehicular and pedestrian
circulation systems, bridges, and nonhabitable structures, all with respect to the practical and
aesthetic requirements of the areas on which they are to be placed; negotiate and arrange for
execution of landscape projects; and conduct field observation of landscape construction,
restoration, and maintenance.
(3) Nothing in this Subsection shall permit any person licensed under this Subsection
to perform professional services which are defined as the practice of architecture in R.S.
37:141 et seq., or the practice of engineering or land surveying in R.S. 37:681 et seq., and
which are not included in the practice of landscape architecture under this Subsection.
Nothing in this Subsection shall prohibit the practice of engineering or land surveying or the
practice of architecture by any person who is licensed as a professional engineer or land
surveyor under R.S. 37:681 et seq., or as an architect under R.S. 37:141 et seq.
(4) In order to qualify to take the national landscape architect examination, the
applicant shall meet the minimum qualification standards approved by the Council of
Landscape Architectural Registration Boards, or its successor.
(5) In order to qualify to take the Louisiana Landscape Architect Examination, the
applicant shall submit evidence of passing the national examination prepared by the Council
of Landscape Architectural Registration Boards, or its successor.
(6) The commission shall issue each licensed landscape architect a permanent
registration number.
(7) Each landscape architect shall affix his seal to all drawings or specifications
prepared by or under the direct supervision of the landscape architect.
(8) The seals used by landscape architects shall meet the specifications determined
by rule by the commission.
F. Repealed by Acts 2008, No. 63, §2, eff. June 5, 2008.
G. Each person licensed under the provisions of this Chapter shall meet the
professional standards determined by the commission for each profession and shall notify the
commission of each change in the address of the residence or place of business of the license
holder.
H. A nursery stock dealer's permit authorizes the holder thereof to sell nursery stock.
A nursery stock dealer's permit shall not authorize the holder thereof to install nursery stock.
I. A cut flower dealer's permit authorizes the holder to sell cut flowers either singly
or in bunches, or both.
J. A floral dealer permit authorizes the holder to sell cut flowers and ornamental
plants in pots. The commission shall ensure that all regulations and requirements for the
issuance of a floral dealer permit are free of examination or testing requirements to ensure
that barriers to entry into the profession are minimized. Each person engaged in the
occupation of a floral dealer may operate a vending machine at a location remote from the
individual's place of business for the sale of cut flowers. The permittee shall obtain a floral
dealer permit for each vending machine.
K. Each person issued a permit pursuant to the provisions of this Chapter shall meet
the occupational standards determined by the commission for each occupation and shall
notify the commission of each change in the address of the permit holder.
L. Each person who holds a valid Louisiana Nursery Certificate Permit may use that
permit in lieu of a nursery stock dealer permit or a cut flower dealer permit, or both, at any
one outlet.
M. Each nursery stock dealer and cut flower dealer shall secure an appropriate permit
for each outlet operated by the dealer.
N. Each license and permit issued pursuant to the provisions of this Chapter shall
expire on January thirty-first of each year and may be renewed in accordance with rules
adopted by the commission.
O. Each holder of a license or permit issued pursuant to the provisions of this
Chapter shall present such license or permit upon demand of any authorized agent of the
Horticulture Commission.
P. Utility arborists shall be subject to the following provisions:
(1) A utility arborist's license authorizes the holder thereof to recommend or execute
the removal of trees or portions of trees along utility rights of way.
(2) For license renewal, each utility arborist shall do the following:
(a) Complete a continuing training seminar that may be administered by the
Louisiana Arborist Association or any other entity as determined by the commission.
(b) Show proof of current and sufficient general liability and workers compensation
insurance, if applicable.
Q. Landscape irrigation contractors shall be subject to the following provisions:
(1) Notwithstanding any other law to the contrary, a landscape irrigation contractor's
license authorizes the holder to construct, install, connect, repair, maintain, improve, or alter
any portion of a landscape irrigation system, including the required wiring within that
system, and to install and connect the landscape irrigation system to the required power
supply and to a public or private water supply system.
(2) For license renewal, each landscape irrigation contractor shall obtain continuing
training as determined by rule of the commission.
(3) He shall request and be issued any necessary permits from any governing
authority.
(4) Prior to connecting to a public or private water supply system, a licensed
landscape irrigation contractor shall obtain a water supply protection specialist endorsement
from the State Plumbing Board. The State Plumbing Board shall issue a special endorsement
of a water supply protection specialist to any licensed landscape irrigation contractor who
completes the training required by the State Plumbing Board as provided for in R.S.
37:1368(H)(1); however, neither a journeyman plumber's license nor a master plumber's
license shall be required.
(5) Backflow prevention devices shall be installed in accordance with the provisions
of Part XIV of the Louisiana State Sanitary Code by a person holding a water supply
protection specialist endorsement.
(6) Nothing in this Subsection shall permit any licensed landscape irrigation
contractor to perform any electrical or plumbing services not provided for in this Subsection,
for which a license is required from any other regulatory board. Nothing in this Subsection
shall prohibit a licensed electrician or plumber from providing electrical or plumbing
services necessary to make or keep an irrigation system operational.

Legislative History

Acts 1987, No. 844, §1; Acts 1988, No. 231, §1; Acts 1992, No. 60, §1; Acts 2004, No. 810, §1, eff. July 12, 2004; Acts 2008, No. 63, §§1, 2, eff. June 5, 2008; Acts 2008, No. 227, §1, eff. June 16, 2008; Acts 2010, No. 495, §1, eff. June 24, 2010; Acts 2013, No. 103, §1; Acts 2024, No. 217, §1; Acts 2024, No. 643, §§1, 2, eff. June 11, 2024.