An Act To Amend the Licensing of Landscape Architects
Maine Legislature, Session 123, LD 1787
Committee: Business, Research and Economic Development
Sponsors: BEAUDETTE, BEAULIEU, BERRY, PRESCOTT, SILSBY, WEBSTER, SCHNEIDER
Amends: 32 MRSA §226

Legislative Document 
No. 1787 
H.P.1249 
House of Representatives, March 29, 2007 
An Act To Amend the Licensing of Landscape Architects 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representati ve SMITH of Monmouth. 
17/~ 
frJ· 7i!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAUDETTE of Biddeford, BEAULIEU of Auburn, 
BERRY of Bowdoinham, MacDONALD of Boothbay, PRESCOTT of Topsham, SILSBY of 
Augusta, WEBSTER of Freeport, Senator: SCHNEIDER of Penobscot. 
Pnnt~tJ on ret.:yded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRS A §220, sub-§2, as amended by PL 1991, c. 824, Pt. A, §64, is 
repealed and the following enacted in its place: 
2. Landscape architects. Landscape architects are subject to the provisions of this 
section. 
A. A person may not practice landscape architecture or profess to practice landscape 
architecture or use the title or profess to be a "landscape architect" or "licensed 
landscape architect" or display or use any words, letters, figures, titles, signs, cards, 
advertisements or other symbols or devices indicating or tending to indicate that the 
person is a landscape architect or is practicing landscape architecture, nor maya 
person sign technical submissions unless that person is duly licensed by the board. 
As used in this chapter, the practice of landscape architecture consists of rendering or 
offering to render services to clients by consultations and technical submissions for 
the purposes of landscape preservation, development and enhancement for properties 
open to and accessible by the general public where such services affect public safety, 
including projects involving site vehicular access and circulation ways, multi-vehicle 
parking areas, grading and drainage of such ways and areas and site grading that 
results in drainage flows that exceed previously existing drainage capacity. These 
services must apply artistic and scientific principals to the research, planning, design 
and management of both natural and built environments. These services may include 
but are not limited to the following activities: 
(1) 
Investigation, selection and allocation of land and water resources for 
appropriate use; 
(2) Formulation of graphic and written criteria to govern the planning, design 
and management of landscape construction programs; 
(3) 
Preparation, review and analysis of feasibility studies, visual impact 
assessments and master plans for land use and development; 
(4) Production of contract documents for landscape construction, which may 
include existing conditions plans, demolition plans, site improvements plans, 
layout plans, grading and drainage plans, lighting plans, irrigation plans, planting 
plans, construction detail plans and specifications; 
(5) Cost estimates for landscape construction; 
(6) Field observation and inspection of landscape construction; 
(7) Reclamation or rehabilitation of disturbed and historic landscapes; 
(8) Determination of location and siting of improvements, including buildings 
and other features, as well as the access to and environs for those improvements; 
and 
(9) Design of land forms, soil and water conservation methods, site lighting, 
water features, irrigation systems, plantings, pedestrian and site vehicular 
circulation systems and related construction details. 
I 
Practitioners of landscape architecture may collaborate in the design of buildings, 
roads, bridges and other structures with respect to the functional and aesthetic 
requirements ofthe landscape in which they are to be placed. 
The practice of landscape architecture does not include the practice of architecture as 
defined in this chapter. A licensed landscape architect may do such architectural 
work as is incidental to the landscape architect's work. 
A person licensed as a landscape architect pursuant to this subsection is entitled to 
practice within the scope of that person's knowledge, skill and abilities. 
This 
subsection may not be construed to affect or prevent the practice of any other legally 
recognized profession 
II 
B. A landscape architect must meet the qualifications established in this paragraph. 
(I) To be qualified for admission to the examination to practice landscape 
architecture in this State, an applicant must submit evidence that: 
Ca) The applicant has completed a course of study in a school or college of 
5 
landscape architecture approved by the board, with graduation evidenced by 
a diploma setting forth a satisfactory degree and 2 years of practical 
experience in landscape architectural work of a grade and character 
satisfactory to the board; or 
(b) The applicant has training or practical experience, or a combination of 
both, that in the opinion of the board is fully equivalent to that required in 
division (a). 
(2) An applicant for licensure as a landscape architect in this State who has a 
current and valid license from another jurisdiction and a certificate from a 
recognized council of landscape architecture registration boards may offer to 
render landscape architectural services in the State prior to licensure by the board 
as long as the applicant first notifies the board in writing that the applicant will be 
present in the State to offer to render landscape architectural services. 
The 
applicant may not render landscape architectural services until duly licensed by 
the board. 
(3) An applicant for renewal of a license issued pursuant to this section shall 
submit evidence that the applicant meets the qualifications established by the 
board. 
C. Corporations and partnerships are subject to the provisions of this paragraph. 
C 1) 
A corporation or partnership may not be licensed to practice landscape 
architecture in this State, but it is lawful for a corporation or partnership to 
practice landscape architecture in this State if: 
(a) The practice of landscape architecture is under the direct supervision of a 
director or partner who is licensed to practice landscape architecture under 
this chapter; and 
(b) At least 113 of the directors or partners of the corporation or partnership 
are licensed under the laws of any state to practice engineering, architecture 
or landscape architecture. If the total number of directors or partners is not 
divisible by 3, the number of directors or partners required to satisfy this 
requirement is determined by dividing the total number of directors or 
partners by 3 and rounding to the nearest whole number. 
A corporation or partnership authorized to practice landscape architecture under 
this chapter shall, upon written request from the board, submit information 
concerning the organization and activities of the corporation or partnership. 
(2) 
A corporation or partnership authorized under this chapter to practice 
landscape architecture in the State may offer to render architectural services 
beyond those architectural services that are incidental to the rendering of 
landscape architectural services if: 
(a) The person who is rendering architectural services is a licensed architect 
under this chapter; and 
(b) The architectural services offered are rendered by or under the direct 
supervision of a licensed architect. 
(3) A corporation or partnership that may not otherwise offer to render landscape 
architectural services may offer to render those services if: 
(a) A landscape architect licensed in the State or otherwise permitted to offer 
to render landscape architectural services participates substantially in all 
material aspects of the offering and supervises directlv the landscape 
architectural services provided; 
(b) The corporation or partnership provides written disclosure at the time of 
the offering that the landscape architect is engaged by and responsible 
contractually to the corporation or partnership; and 
(c) The corporation or partnership provides written notice to any person who 
engages the corporation or partnership to receive the landscape architectural 
services offered, prior to termination of the landscape architect involved in 
the offering. 
Sec. 2. 32 MRSA §226, sub-§l, ~, as enacted by PL 1991, c. 396, §21, IS 
amended to read: 
F. Officers or employees of the Federal Government or State Government HsiAg the 
title "traAsportatioA JaAdseape arehiteet" engaged in the practice of landscape 
architecture in connection with their governmental employment; 
Sec. 3. 32 MRSA §226, sub-§l, ~, as amended by PL 1993, c. 389, §16, is 
further amended to read: 
H. Employees of those practicing lawfully as architects or landscape architects under 
this chapter from acting under the instructions, control or supervision of their 
employers; and 
Sec. 4. Effective date. This Act takes effect January 1,2009. 
SUMMARY 
This bill amends the licensing requirements and qualifications for landscape 
architects. This bill limits the scope of the practice of licensed landscape architecture to 
services provided for the purposes of landscape preservation, development and 
enhancement to properties that are open to and accessible by the public and affect public 
safety, such as site vehicular access and circulation, multi-vehicle parking areas and site 
grading that affects existing drainage capacity projects. 
The changes made by this bill take effect January 1, 2009.