Features

• Continuing Education Chapter 683 of the Laws of 2005 adds a new section 7328 to Article 148, requiring mandatory continuing education for landscape architects beginning January 1, 2007.
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• NYSCLA is currently looking for representatives from both the New York Upstate Chapter and the New York Chapter. Contact a member for more information.

What is a Landscape Architect? (LA and the Law)

Understanding the Practice of Landscape Architecture

In New York State, a landscape architect is a qualified professional who has been awarded a license and who, in order to render or offer to render services, holds registration which must be renewed every three years. Like architects and engineers, landscape architects are licensed by the State to protect the public's health, safety, and welfare.

The practice of landscape architecture is defined as the performance of services in connection with:

• the development of land area including the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting,
• naturalistic and aesthetic values,
• the settings, approaches or environment for structures or other improvements,
• natural drainage,
• the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards, and
• the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined above but does not include the design of structures or facilities with separate and self contained purposes ordinarily included in the practice of engineering or architecture.

The Practice of Landscape Architecture & Use of Title "Landscape Architect"

Title VIII of the New York State Education Law addresses the professions and under Article 148, Section 7322, protects the practice of landscape architecture, and requires that only licensed, registered Landscape Architects may render or offer to render landscape architectural services.

New York State law also protects the use of the title "landscape architect" and prohibits anyone who is not a licensed landscape architect from using this title in any way (Article 148, Section 7322).

This means that if you are not a licensed landscape architect, you may not use the title "landscape architect" nor imply that you are one. If you are not a licensed landscape architect and not currently registered with the State Education Department, you may not provide landscape architectural services to a client or offer to provide landscape architectural services. This means that you cannot advertise or call yourself by such titles as "landscape architectural draftsperson" and offer services like "all phases of landscape architectural design and drafting" or provide "landscape architectural design services".

Unauthorized Acts Are Crimes

The following unauthorized acts are crimes under New York State Law (Article 130):

• Unauthorized practice of a regulated profession (Section 6512)
• Unauthorized use of a professional title (Section 6513)
• Aiding and abetting (Sections 6512 and 6513).

Unauthorized practice, unauthorized use of a professional title, and aiding and abetting unauthorized practice or unauthorized use of a professional title are class E felonies and subject to criminal proceedings (Section 6514).

Reporting Professional Misconduct or Illegal Practices

You may verify the licensure/registration of a landscape architect by calling the State Education Department (518) 474-3817. If you suspect illegal practice by a non licensed individual or business, you may call (1-800) 442-8106 or (212) 951-6400 to report illegal practice or professional misconduct.

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