§ 40-28-20 — Definitions.

In addition to the definitions provided in Section 40-1-20, as used in this chapter, unless the context indicates otherwise: (1) "Board" means the Board of Landscape Architectural Examiners. (2) "Department" means the Department of Labor, Licensing and Regulation. (3) "Emeritus landscape architect" means a landscape architect who has been licensed for ten consecutive years or longer and who is sixty-five years of age or older and who is not engaging or offering to engage in the practice of landscape architecture as defined in this section. (4) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization that practices or offers to practice landscape architecture. (5) "Landscape architect" means a person licensed to practice landscape architecture in this State. (6) "Landscape architecture" means the performance of professional services, such as consultation, investigation, research, planning, design, preparation of drawings and specifications, and responsible inspection in connection with the development of land areas where, and to the extent that, the dominant purpose of the services is the preservation, enhancement, or determination of proper site design, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, the setting of grades and determining drainage and providing for drainage structures, and the consideration and determining of environmental problems. This practice includes the design of tangible objects, drainage structures and systems, and features as are incidental and necessary to an overall or ongoing landscape plan and site design, and the landscape architect may certify the design of the tangible objects, drainage structures and systems, features as to structural soundness and as to compliance with all requirements and standards of a government or subdivision of it. This practice does not include the design of structures, drainage structures and systems, and features which are not incidental and necessary to an overall landscape plan and site design and which have separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture and does not include the making of land surveys or final plats for official approval or recordation. Nothing contained in this definition precludes a duly licensed landscape architect from performing the services described in the first sentence of this definition in connection with the settings, approaches, or environment for buildings, structures, or facilities. Nothing contained in this chapter may be construed as authorizing a landscape architect to engage in the practice of architecture, engineering, or surveying as these terms are defined in Section 40-28-210 of this chapter, except that a landscape architect may prepare and certify all design, grading, drainage, and construction plans for roads and site-related projects which are incidental and necessary to an overall or ongoing landscape plan and site design. (7) "Related field" means architecture, civil engineering, horticulture, or other field as determined appropriate by the board. (8) "Responsible charge" means direct control and personal supervision of landscape architecture.

Legislative History

HISTORY: 2010 Act No. 249, SECTION 1, eff June 11, 2010. Editor's Note Prior Laws: 1976 Act No. 698, SECTION 1; 1984 Act No. 421, SECTION 1; 1990 Act No. 372, SECTIONS 1, 2; 1993 Act No. 181, SECTION 899; 1976 Code SECTION 40-28-10.