New Hampshire Landscaping Licensing Law

New Hampshire Code · 6 sections

The following is the full text of New Hampshire’s landscaping licensing law statutes as published in the New Hampshire Code. For the official version, see the New Hampshire Legislature.

RSA § 310-A:139

Exemptions; Practice of Professional Engineering. – I. Nothing in this subdivision shall be construed to prevent or affect: (a) The practice of officers and employees of the government of the United States or the state while engaged within this state in the practice of geology for the federal government or the state. (b) Work customarily performed by archeologists, chemists, geographers, or oceanographers, providing such work does not include the design and execution of geological investigation, being in responsible charge of geological work, or the drawing of geological conclusions and recommendations. (c) The practice of engineering by a licensed engineer, the practice of architecture by a licensed architect, the practice of forestry by a licensed forester, the practice of land surveying by a licensed land surveyor, the practice of soil science by a certified soil scientist, or the practice of wetland science by a certified wetland scientist. (d) The practice of geology by any person under the direct supervision and control of a professional geologist, provided such work does not include being in responsible charge of final geological reports or decisions. (e) The practice of geology by any person in the employ of academic or research institutions, agencies of federal or state government, and not-for-profit research institutions. II. Professional engineers, when engaged in the lawful practice of professional engineering under RSA 310-A, shall not be precluded from performing work which is defined in this subdivision as within the practice of the profession of geology, nor by a requirement that such work be performed by a professional geologist. Source. 2000, 297:3, eff. Aug. 20, 2000. Licensing Landscape Architects Section

RSA § 310-A:141

Definitions. – In this subdivision: I. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect. II. "Landscape architectural practice" means the performance of professional services in connection with the development of land areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the setting, approaches or environment for structures of other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight or other hazards, to the extent that such services protect public health, safety and welfare. The practice of landscape architecture shall include the location, design, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph, but shall not include the design, assessment, analysis, or evaluation of structures or facilities with separate and self-contained purposes, streets or highways, utilities, storm and sanitary sewer systems and appurtenant structures, and water and sewage treatment facilities such as are exclusive to the practice of professional engineers, natural scientists, or architects as defined in this chapter. Furthermore, this practice shall not include the making of land surveys or final land plats for official approval or recording, the official mapping of soils, or the analysis, testing, and reporting of soil and bedrock conditions, delineation of wetlands or determination of soil, surface, or groundwater related to hazardous waste contamination. The practice of landscape architecture shall include: (a) Production of graphic and written material for use in the planning and design of land development programs including: (1) Preparation, review, and analysis of master plans and land development plans incidental to the practice of landscape architecture. (2) Reconnaissance, planning, construction documents and specifications, and construction supervision incidental to the practice of landscape architecture. (3) Providing professional services for feasibility studies and site selection incidental to the practice of landscape architecture. (4) Providing professional advice on land preservation, restoration, conservation, reclamation, rehabilitation, management, and development incidental to the practice of landscape architecture. (b) Consultation, research, stewardship, analysis, investigation, reconnaissance, and construction overview. III. "Board" means the board of landscape architects. IV. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trus

RSA § 310-A:142

Board of Landscape Architects; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster. – I. A board of landscape architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be landscape architects, and one public member. The public member of the board shall be a person who is not, and never was, a member of the landscape architectural profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of landscape architectural services or an activity directly related to landscape architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment. II. Each member of the board shall be a citizen of the United States and a resident of this state. Each landscape architect member shall have actively practiced landscape architecture for his or her means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of landscape architecture. III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1. IV. [Repealed.] V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum. VI. (a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification. (b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evi

RSA § 310-A:146

Eligibility Requirements for Licensure as a Landscape Architect. – I. Each applicant for licensure as a landscape architect shall meet one of the following requirements: (a) Possession of an accredited 4-year landscape architecture degree or equivalent, and 3 years professional experience under the direct supervision of a licensed landscape architect; or (b) Possession of a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field and 5 years professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect; or II. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by: (a) Conviction for commission of a felony; (b) Misstatement of facts by the applicant in connection with the application; (c) Violation of any of the standards of conduct required of landscape architects as they are set forth in this subdivision or in rules adopted by the board; or (d) Practicing landscape architecture without being licensed in violation of laws of the jurisdiction in which the practice took place. III. Upon complying with the preliminary requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA

RSA § 310-A:149

Applications. – I. Applications for licensure shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed landscape architects having personal knowledge of the applicant's professional experience. II. References relating to experience in the practice of landscape architecture performed prior to the effective date of this subdivision may be provided by either a landscape architect or a person determined by the board in rules adopted pursuant to RSA 541-A to be of equivalent ethical standards, education, and experience who may or may not have been licensed. Source. 2006, 246:3, eff. July 1, 2006. 2024, 327:222, eff. July 1, 2024. Section

RSA § 310-A:152

Certificates; Seals. – The office shall issue a license upon payment of the license fee established by the office of professional licensure and certification, to any applicant who has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed landscape architect while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "licensed landscape architect." All papers or documents involving the practice of landscape architecture under this subdivision, when issued or filed for public record, shall be dated, and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued. Source. 2006, 246:3, eff. July 1, 2006. 2021, 197:180, eff. July 1, 2021. 2022, 314:32, eff. July 1, 2022. 2024, 327:225, eff. July 1, 2024. Section

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)