New Hampshire Land Surveying Licensing Law

New Hampshire Code · 25 sections

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

RSA § 310-A:118

Definitions. – In this subdivision: I. "Board" means the board of professional geologists. II. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state. III. "Geology" means the science dealing with the study of the earth, its origin, history, physical features and content; the investigation and interpretation of the earth's constituents including, but not limited to, its rocks, unconsolidated materials, minerals, solids, fluids, and gases, and of the natural and induced processes and forces acting on the earth; the geologic mapping of the earth's constituents and features, and the results of various processes and forces that have acted on the earth; and the geological application of the information derived from such study in the furtherance of the health, safety and welfare of the public and the environment. IV. "Licensed professional geologist" means a person who, by reason of advanced knowledge of geology and the supporting physical and life sciences, acquired by education and experience, is technically and legally qualified to engage in the practice of geology as defined in this section and has successfully passed the examination as may be required in this subdivision and who is licensed by the office or otherwise authorized by this subdivision to engage in the practice of the profession of geology. V. "Practice of the profession of geology" or "practice of geology" means the performance of work defined as geology in this subdivision including, but not limited to researching, investigating, consulting, geological mapping, describing the natural processes that act upon the earth's materials, predicting the probable occurrence of natural resources, predicting and locating natural or man-induced phenomena which may be useful or hazardous to mankind recognizing, determining and evaluating geological factors, and the inspection and performance of geological work and the responsible supervision thereof in furtherance of the health, safety, and welfare of the public and the environment. The term shall not include the application of geologic information in the identification or determination of engineered solutions to protect the health, safety, and welfare of the public and the environment. The term shall not include the practice of engineering, land surveying, architecture, soil science or wetland science for which separate licensure or certification is required. VI. "Responsible charge of work" means the independent control, supervision and direction of work requiring the use of initiative, skill, and judgment. Source. 2000, 297:3, eff. Aug. 20, 2000. 2024, 327:196, eff. July 1, 2024. Section

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:189-b

Mold Assessment Certification Required. – I. For the purposes of this section: (a) "Mold assessment" means: (1) An inspection, investigation, or survey of a dwelling or other structure to provide information to the owner regarding presence, identification, or evaluation of mold; (2) The development of a mold remediation specification or protocol; or (3) The collection of a mold sample for analysis. (b) "Third party certification" means a certification approved by a national nonprofit organization whose programs are accredited by ANSI (American National Standards Institute), CESB (Council of Engineering and Scientific Specialty Boards), NCCA (National Commission for Certifying Agencies), or any other accrediting body that operates in compliance with the ISO (International Organization for Standardization) standard for accrediting organizations. Certifications are credentials of industry knowledge granted to individuals by a certification body for a limited time. II. No person shall perform residential mold assessment services for remuneration unless that person possesses a valid national third party certification for mold assessment. The individual shall not own the designation; the designation shall be owned by the certifying body. Certification holders shall meet certain requirements set by third party certification organizations in order to be recertified. III. The board of home inspectors shall inform the public through its website that persons engaged in residential mold assessment shall be certified under paragraph II and shall provide links to the websites of the certifying organizations. IV. Any professional hired for remuneration by a homeowner, in which the primary work contracted for is not mold assessment, shall be exempt from this section. V. Any person who offers mold assessment services for a fee but does not comply with this chapter shall be guilty of a violation if a natural person or guilty of a class B misdemeanor if any other person. Source. 2015, 208:1, eff. Jan. 1, 2016. Section

RSA § 310-A:2

Definitions. – As used in this subdivision: I. "Board" means the board of professional engineers. I-a. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state. II. "Professional engineer" means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the office or otherwise authorized by this subdivision to engage in the practice of engineering. III. "Practice of engineering" means any professional service or creative work requiring education, training, experience, and the application of advanced knowledge of mathematics and physical sciences, involving the constant exercise of discretion and judgment, to such services or work as consultation, investigation, evaluation, planning, design, responsible oversight of construction, and responsible oversight of operation, in connection with any public or private utilities, structure, buildings, machines, equipment, processes, works, or projects, wherein the public welfare, or the safeguarding of life, health, or property is concerned. IV. "Engineering surveys" means any surveying activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineering projects by persons licensed under this subdivision, but shall exclude the surveying of real property for the establishment or reestablishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system. V. "Engineer of record" means a professional engineer who seals drawings, reports, or documents for a project. The seal shall acknowledge that the professional engineer prepared, coordinated, or had subordinates prepare under the direct supervision of the professional engineer, drawings, reports, or documents for a project. The engineer of record shall not be responsible for engineering work performed and sealed by other professional engineers, including independent consulting engineers who work under the coordination of the engineer of record. Source. 1981, 485:1. 1995, 136:1, eff. July 23, 1995; 284:1-4, 57, eff. Jan. 1, 1996. 2024, 327:254, eff. July 1, 2024. Section

RSA § 310-A:54

Definitions. – As used in this subdivision: I. "Board" means the state board of licensure for land surveyors. I-a. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization; organized for gain or profit, carrying on any business activity within the state. I-b. Certificate of authorization" means any certificate issued by the office to a business organization to engage in the practice of land surveying. II. A "land surveyor" is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence and all requisite to the surveying of real property and engaged in the practice of land surveying as herein defined. III. "Land surveyor-in-training" means a candidate for licensure as a land surveyor who, prior to completion of the requisite years of experience in surveying work provided in RSA

RSA § 310-A:55

Board of Land Surveyors; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster. – I. A board of licensure for land surveyors 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 land surveyors, and one public member. The public member of the board shall be a person who is not, and never was, a member of the land surveying 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 land surveying services or an activity directly related to land surveying, 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 land surveyor member shall have actively practiced land surveying in New Hampshire for at least 6 years prior to appointment and shall have held a responsible position in charge of such work, which may include the teaching of land surveying. 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 4 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 elect or appoint a chairperson, vice-chairperson, and secretary. The secretary may or may not be a member of the board. 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 and a register of all applications for licensure 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 evidence with the same

RSA § 310-A:58

Rulemaking Authority. – The board shall adopt rules, pursuant to RSA 541-A, relative to: I. [Repealed.] II. The qualifications and record of applicants in addition to those requirements set under this subdivision including the qualifications for satisfactory evidence of good professional character; III. How an applicant shall be examined; IV. The requirements for a license to be renewed, including the requirements for continuing education; V. [Repealed.] VI. Ethical and professional standards required to be met by each holder of a license to practice under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards, including: (a) Technical standards for forest, rural and urban surveys, including minimum error of closure; and (b) Standards for adequate deed research into the history of the subject parcel and adjacent tracts necessary for proper practice; VI-a. The criteria for issuance of land surveying certificates for proprietorships, corporations and partnerships, including the qualifications of applicants in addition to those requirements set forth under this subdivision, and for satisfactory evidence of good professional character; VII. [Repealed.] VIII. [Repealed.] IX. The establishment of administrative fines which may be levied in the administration of this subdivision. X. [Repealed.] Source. 1981, 485:1. 1994, 358:3-5. 1995, 284:56. 1998, 204:4. 2014, 174:6, eff. Sept. 9, 2014. 2021, 197:132, 133, 134, III, eff. July 1, 2021. 2023, 212:52, I, eff. Oct. 3, 2023. 2025, 161:2, I, II, eff. Sept. 13, 2025. Section

RSA § 310-A:63

, has met the preliminary requirements for licensure as a land surveyor, and has been issued a certificate by the board stating that such candidate is a land surveyor-in-training. IV. "Practice of land surveying" means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography alignment and grades of streets and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys. Source. 1981, 485:1. 1989, 247:16. 1994, 358:2. 1995, 136:20, eff. July 23, 1995; 284:34, eff. Jan. 1, 1996. 2024, 327:212, eff. July 1, 2024. Section

RSA § 310-A:65

Application. – Applications for licensure shall contain statements made under oath, showing the applicant's education and detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom 3 shall be land surveyors having personal knowledge of the applicant's land surveying experience. All applications shall be accompanied by a fee established by the office. Source. 1981, 485:1. 1995, 136:24, eff. July 23, 1995. 2024, 327:214, eff. July 1, 2024. Section

RSA § 310-A:65-a

Application for Certificate of Authorization. – The office shall issue a certificate of authorization to any business organization in accordance with the following: I. As a requirement of the issuance of any certificate of authorization or any renewal of certificate to any proprietorship under this subdivision, the proprietorship shall file with the office an application on a form, which specifies: (a) The name and address of the owner of the proprietorship. (b) Any person licensed under this subdivision and designated to engage in the practice of land surveying for the proprietorship. (c) Any other information required by the board relevant to the practice of land surveying. II. As a requirement of the issuance of any certificate of authorization or any renewal of certificate to any corporation under this subdivision, a business organization, other than a proprietorship or partnership, shall file with the office an application on a form, which specifies: (a) The names and addresses of all officers and board members of the business organization. (b) Any person licensed under this subdivision and designated to engage in the practice of land surveying for the business organization. (c) Any other information required by the board relevant to the practice of land surveying. III. As a requirement of the issuance of any certificate of authorization or renewal of any certificate to any partnership under this subdivision, the partnership shall file with the office an application on a form, which specifies: (a) The names and addresses of all general and limited partners. (b) Any person licensed under this subdivision and designated to engage in the practice of land surveying for the partnership. (c) Any other information required by the board relevant to the practice of land surveying. IV. Any change in any of the information reported to the office by a business organization under paragraphs I, II and III shall be reported to the office within 30 days of the change. Source. 1994, 358:6. 1995, 284:38, 53, eff. Jan. 1, 1996. 2024, 327:215, eff. July 1, 2024. Section

RSA § 310-A:67

Licenses. – I. The office shall issue a license upon payment of the required fee to any applicant who has satisfactorily met all the requirements for such license. This license shall authorize the practice of land surveying. The issuance of a license shall be prima facie evidence that the licensee is entitled to all rights and privileges of a licensed land surveyor while the license remains valid. II. Each licensee shall obtain a seal of the design authorized by the board, bearing the licensee's name, the legend "Licensed Land Surveyor", and a place for the licensee's signature. Plans, plats, and reports prepared by a licensee shall be stamped with the seal and signed by the licensee during the life of the license, but it shall be a class B misdemeanor for anyone to stamp or seal any document with a seal after expiration, suspension or revocation of a license, unless the license has been renewed or reissued. III. All plans and documents issued under a temporary certificate shall be stamped or otherwise noted to indicate the land surveyor's temporary certificate number and the beginning and ending date to the temporary certificate. All such plans and documents shall be signed by the temporary certificate holder. Source. 1981, 485:1. 1989, 247:19. 1995, 284:54, eff. Jan. 1, 1996. 2024, 327:217, eff. July 1, 2024. 2025, 161:1, eff. Sept. 13, 2025. Section

RSA § 310-A:69-a

General Liability. – No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, owners or partners by reason of its compliance with the provisions of this subdivision, nor shall any individual practicing land surveying be relieved of responsibility for land surveying services performed by reason of that individual's employment by or relationship with such business organization. Source. 1994, 358:8. 1995, 284:53, eff. Jan. 1, 1996. Section

RSA § 310-A:72

Violations and Penalties. – I. Any person who shall practice or offer to practice land surveying in this state for others without being licensed in accordance with this subdivision, or any person presenting or attempting to use as one's own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or non-existent or revoked license or authorization, or any person who shall violate any of the provisions of this subdivision shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if a business organization. II. The office may investigate any actual, alleged, or suspected unlicensed activity and report the findings of such investigations to the attorney general for prosecution. Source. 1981, 485:1. 1995, 136:28, eff. July 23, 1995; 284:41, eff. Jan. 1, 1996. 2022, 227:1, eff. Jan. 1, 2023. 2024, 327:220, eff. July 1, 2024. Section

RSA § 310-A:74

, it shall be a class B misdemeanor for any person to practice or to offer to practice land surveying in this state, or to represent by verbal claim, sign, letterhead, card, or in any other way that such person is a land surveyor or is able to perform land surveying services, unless the person holds a license under this subdivision. Admission to practice land surveying shall be determined upon the basis of individual personal qualification. III. Nothing in this subdivision shall be construed to give to a land surveyor the right to perform engineering design or other elements of the practice of engineering as defined in RSA

RSA § 310-A:8

Disbursements. – The office may make expenditures for the reasonable expenses of the board's delegate to meetings of, and membership dues to, the National Council of Examiners for Engineering and Surveying (NCEES). Source. 1981, 485:1. 1995, 284:10. 2013, 144:111, eff. July 1, 2013. 2015, 276:51, eff. July 1, 2015. 2024, 327:255, eff. July 1, 2024. Section

RSA § 310-A:84

, I and II, is qualified to identify, classify, and prepare soil maps according to the standards of the National Cooperative Soil Survey, or standards adopted by the New Hampshire department of environmental services, or standards adopted by the board, and who has been duly certified by the office. II-a. "Certified wetland scientist" means a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA

RSA 326-B:9-a

I. The board shall adopt rules, pursuant to RSA 541-A, for APRNs only requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

II. The board shall adopt rules, pursuant to RSA 541-A, for RNs and LPNs only requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the National Council of State Boards of Nursing regarding minimum data sets. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

RSA 326-E:2

The executive director, in consultation with the advisory board, shall adopt rules pursuant to RSA 541-A:

I. Specifying the limited scopes of practice permitted to certified pulmonary function technicians, registered pulmonary function technologists and registered polysomnographic technologists.

II. Relating to materiel management.

III. Specifying the eligibility requirements to be met by persons or entities seeking approval as providers of continuing education programs.

IV. Specifying the standards to be met by continuing education programs.

V. Specifying the professional organizations, or the standards to be met by professional organizations, whose approval of education programs qualifies the programs as board-approved continuing education.

VI. Specifying the scope of respiratory care practice, including rules regarding the criteria and procedures for granting, revoking, and reinstating a license.

VII. Pertaining to the completion by licensees, as part of the renewal process, a survey and opt-out form provided by the office of rural health, the department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T, along with written notice to licensees of the opportunity to opt-out from participation of the survey.

VIII. The temporary licensure and scope of practice of student respiratory therapists under RSA 326-E:3-a.

RSA 326-J:1-a

I. The executive director shall establish an advisory board of recreational therapists consisting of 3 members, who shall be licensed recreational therapists. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. The advisory board shall advise the executive director regarding the implementation of this chapter.

II. The executive director, in consultation with the advisory board, shall adopt rules pursuant to RSA 541-A relative to the practice of recreational therapy, including:

(a) Eligibility requirements for initial licensure;

(b) Eligibility requirements for licensure renewal, including any continuing competency requirements and any requirements for education, clinical experience, and training;

(d) Eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses;

(e) Scope of practice in the field of recreational therapy;

(f) Ethical standards pertaining to the practice of recreational therapy;

(g) What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of a client or patient;

(h) The allocation of disciplinary sanctions;

(i) Completion by licensees, as part of the renewal process, a survey and opt-out form provided by the office of rural health, the department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T, along with written notice to licensees of the opportunity to opt-out from participation of the survey.

RSA 328-D:10-a

The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

RSA 328-F:11-a

The governing board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

RSA 329:9-f

RSA 330-A:10-a

RSA 330-C:9-a

The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the criteria for license renewal, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

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