54.1-409 - Practice of landscape architecture; license required.

§ 54.1-409. Practice of landscape architecture; license required.

A. Beginning July 1, 2010, a person who engages in the practice of landscapearchitecture as defined in § 54.1-400 and who holds himself out as alandscape architect shall hold a valid license prior to engaging in suchpractice. Resulting site plans, plans of development, preliminary plats,drawings, technical reports, and specifications, submitted under the seal,stamp or certification of a licensed landscape architect, shall be acceptedfor review by local and state authorities, in connection with both public andprivate projects. However, no landscape architect, unless he is also licensedas a land surveyor, shall provide boundary surveys, plats or descriptions forany purpose, except in conjunction with or under the supervision of anappropriately licensed professional, who shall provide certification, asrequired. Landscape architects shall only engage in projects which they arequalified to undertake based on education, training, and examination and inaccordance with the practice of landscape architecture as defined in §54.1-400.

Any person who (i) holds a valid certification as a landscape architectissued by the Board on June 30, 2010, and (ii) is a Virginia-certifiedlandscape architect in good standing with the Board, shall be licensed topractice landscape architecture as of July 1, 2010.

B. Nothing contained herein or in the definition of "practice of landscapearchitecture" or in the definition of "landscape architect" in § 54.1-400shall be construed to restrict or otherwise affect the right of anyarchitect, professional engineer, land surveyor, nurseryman, landscapedesigner, landscape contractor, land planner, community planner, landscapegardener, golf course designer, turf maintenance specialist, irrigationdesigner, horticulturist, arborist, or any other similar person from engagingin their occupation or the practice of their profession or from rendering anyservice in connection therewith that is not otherwise proscribed.

C. Any person, partnership, corporation, or other entity that is not licensedto practice landscape architecture in accordance with the provisions of thischapter and that advertises or promotes through the use of the words"landscape architecture" or any modification or derivation thereof in itsname or description of its business activity in a manner that indicates orimplies that it practices or offers to practice landscape architecture asdefined in this chapter shall be subject to the provisions of § 54.1-111.Nothing contained herein or in the definitions of "landscape architect" or"practice of landscape architecture" in § 54.1-400 shall be construed torestrict or otherwise affect the right of any person undertaking theoccupations or professions referred in subsection B of this section to engagein their occupation, or the practice of their profession, or from renderingany service in connection therewith that is not otherwise proscribed.

D. Any person, partnership, corporation, or other entity offering to practicelandscape architecture without being registered or licensed to practicelandscape architecture in accordance with the provisions of this chapter,shall be subject to the provisions of § 54.1-111. Nothing contained herein orin the definitions of "landscape architect" and "practice of landscapearchitecture" in § 54.1-400 shall be construed to restrict or otherwiseaffect the right of any person undertaking the occupations or professionsreferenced in subsection B of this section to engage in their occupation, orthe practice of their profession, or from rendering any service in connectiontherewith that is not otherwise proscribed.

(1970, c. 671, § 54-17.1; 1974, c. 534; 1980, c. 757; 1982, c. 590; 1984, c.437; 1988, c. 765; 2000, c. 990; 2006, c. 643; 2009, c. 309.)