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LANDSCAPE ARCHITECTURE

KRS tit. XXVI, ch. 323A
in effect

KRS 323A.010 Definitions for chapter

323A.010. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Board" means the Kentucky Board of Landscape Architects; (2) "Landscape architect" means a person who engages in the practice of landscape architecture as defined in subsection (3) of this section; (3) The "practice of landscape architecture" means to render or offer to render any professional service in connection with the planning of outdoor space involving the relationships of people, flora and fauna, and facilities, with emphasis on the function, preservation, conservation, restoration, and enhancement of the physical environment, by arranging land and water and the elements thereon, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools, and other structures, and the grading of the land, surface and sub-soil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape ecology and environment, in accordance with the accepted professional standard of public health, welfare, and safety. The practice of landscape architecture shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this subsection. The practice of landscape architecture shall not include the design of structures of facilities with separate and self-contained purposes for habitation or industry, public streets or streets intended for public dedication, highways, utilities, storm and sanitary sewers, or sewage treatment facilities, if ordinarily included in the practice of engineering or architecture. Nothing contained in this subsection shall preclude a duly licensed landscape architect from performing any of the services described in the first sentence of this subsection in connection with the setting, approaches, or environment for buildings, structures, or facilities; and (4) "Professional services" means the providing of professional landscape architectural services for compensation. "Professional services" may include consultation, investigation, reconnaissance, research, planning, design, or responsible supervision. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 2, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 2, effective July 15, 1994. -- Created 1972 Ky. Acts ch. 287, sec. 1.

KRS 323A.020 License required

323A.020. License required Except as otherwise provided hereinafter, no person shall practice landscape architecture in the Commonwealth of Kentucky or use the title of landscape architect or any title, sign, card or device indicating, or tending to indicate, or represent in any manner that he is a landscape architect without first obtaining a license under the provisions of this chapter; it being the purpose of this chapter to safeguard the life, health, property and welfare of the public. History: Created 1972 Ky. Acts ch. 287, sec. 2.

KRS 323A.025 Repealed, 2014

323A.025. Repealed, 2014 Catchline at repeal: Effect of expired, suspended, revoked, or inactive license -- Restoration or reactivation of license. History: Repealed 2014 Ky. Acts ch. 90, sec. 18, effective July 15, 2014. -- Created 1994 Ky. Acts ch. 291, sec. 1, effective July 15, 1994.

KRS 323A.030 Persons to whom chapter does not apply

323A.030. Persons to whom chapter does not apply (1) A landscape architect acting solely as an officer or employee of the United States Government is not required to be licensed in the Commonwealth. (2) A licensed professional engineer may prepare plans and specifications for and supervise construction in connection with any of the professional services described in this chapter. (3) A licensed professional architect may prepare plans and specifications for and supervise construction in connection with any of the professional services described in this chapter. (4) Nothing in this chapter shall be construed as restricting or otherwise affecting the right of any individual to engage in the occupation of growing and marketing nursery stock or to use the title nurseryman, landscape nurseryman, or gardener, or the right of any individual to plan or plant his own property. (5) Nothing in this chapter shall be construed to restrict nurserymen or gardeners from preparing and executing planting plans. (6) Nothing in this chapter shall be construed as restricting or otherwise affecting the right of any individual certified by the American Society of Golf Course Architects to engage in the occupation of golf course design, specifically, the designing and preparation of all required working drawings. (7) Nothing in this chapter shall be construed as restricting or otherwise limiting the practice of planning as customarily performed by community, regional or state planners. (8) Nothing in this chapter shall be construed as restricting or otherwise affecting the right of any person from performing grading, earthmoving, or other construction operations which are normal to his occupation. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 291, sec. 3, effective July 15, 1994. -- Created 1972 Ky. Acts ch. 287, sec. 3.

KRS 323A.040 Qualifications for license

323A.040. Qualifications for license Every applicant for licensure as a landscape architect shall: (1) Be at least twenty-one (21) years of age; (2) Be a graduate of an accredited landscape architecture curriculum approved by the board; (3) Pass a national examination as prescribed by the board; (4) Submit a completed application as provided by the board through the promulgation of administrative regulations; (5) Pay the required fees; and (6) Document at least two (2) years of experience related to the practice of professional landscape architecture under the supervision of a licensed landscape architect, engineer, or architect, within five (5) years prior to submitting the application for licensure. Effective: July 15, 2014 History: Repealed and reenacted 2014 Ky. Acts ch. 90, sec. 3, effective July 15, 2014. - - Amended 1994 Ky. Acts ch. 291, sec. 4, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 146, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 111, sec. 194, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 64, sec. 1, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 287, sec. 4.

KRS 323A.050 Persons who may be licensed

323A.050. Persons who may be licensed Any person who is a licensed landscape architect in the United States or another country where the qualifications prescribed at the time of licensing were, in the opinion of the board, equal to those prescribed in the Commonwealth at the date of application, may be granted a license. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 4, effective July 15, 2014. -- Amended 1990 Ky. Acts ch. 146, sec. 2, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 287, sec. 5.

KRS 323A.060 Fees established by administrative regulation

323A.060. Fees established by administrative regulation (1) The board shall promulgate administrative regulations to establish the following fees: (a) Application fee; (b) Reinstatement fee; (c) Reactivation fee; (d) Renewal fees for active, inactive, and retired licensees; and (e) Duplicate license fee. (2) The fees as established by administrative regulation shall be paid to the board, and shall not be refunded in whole or in part. Effective: July 15, 2014 History: Repealed and reenacted 2014 Ky. Acts ch. 90, sec. 5, effective July 15, 2014. - - Amended 1994 Ky. Acts ch. 291, sec. 5, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 296, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 64, sec. 2, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 287, sec. 6.

KRS 323A.070 Repealed, 2014

323A.070. Repealed, 2014 Catchline at repeal: Reexamination. History: Repealed 2014 Ky. Acts ch. 90, sec. 18, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 6, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 146, sec. 3, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 296, sec. 2, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 64, sec. 3, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 287, sec. 7.

KRS 323A.080 Seal required -- Use

323A.080. Seal required -- Use (1) Each landscape architect licensed to practice within the Commonwealth shall secure a seal of the design prescribed by the administrative regulation of the board. (2) Each landscape architect shall sign and seal all working drawings, specifications, and reports prepared by the landscape architect or under his or her supervision. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 6, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 7, effective July 15, 1994. -- Created 1972 Ky. Acts ch. 287, sec. 8.

KRS 323A.090 Repealed, 2014

323A.090. Repealed, 2014 Catchline at repeal: Form of license certificate. History: Repealed 2014 Ky. Acts ch. 90, sec. 18, effective July 15, 2014. -- Created 1972 Ky. Acts ch. 287, sec. 9.

KRS 323A.100 License renewal -- Notice of address change -- Expiration of licenses -- Restoration of expired licenses

323A.100. License renewal -- Notice of address change -- Expiration of licenses -- Restoration of expired licenses (1) All landscape architects desiring to continue practice shall annually, prior to July 1, renew their licenses upon the payment of a fee and completion of approved continuing education as established by the board through the promulgation of administrative regulations. Each landscape architect shall furnish the information required by the board. (2) Each landscape architect shall give the board written notice of any change of address within thirty (30) days. (3) Licenses expire on July 1. Thereafter, individuals whose licenses have expired as a result of nonrenewal may not hold themselves out to be landscape architects or engage in the practice of landscape architecture. (4) The board may restore a license within five (5) years of last expiration, upon receipt of payment of all applicable fees, including a reinstatement fee, and completion of approved continuing education as established by the board through the promulgation of administrative regulations. (5) Beginning on January 1, 2015, any landscape architect who fails to maintain an active license for five (5) or more consecutive years or who does not hold a valid license described in KRS 323A.050 may restore his or her license only upon retaking and passing the current examination required by the board for licensure, and paying the reinstatement fee. Effective: July 15, 2014 History: Repealed and reenacted 2014 Ky. Acts ch. 90, sec. 7, effective July 15, 2014. - - Amended 1994 Ky. Acts ch. 291, sec. 8, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 296, sec. 3, effective April 9, 1988. -- Created 1972 Ky. Acts ch. 287, sec. 10.

KRS 323A.105 Inactive or retired license

323A.105. Inactive or retired license An individual may be granted an inactive or retired license annually under the following conditions: (1) An application for renewal of inactive status shall be upon a form and for a fee to be set by the board through the promulgation of administrative regulations. Each applicant shall furnish all information required by the board; (2) A licensee is exempt from continuing education requirements while on inactive or retired status; (3) An inactive or retired licensee may use and maintain the title of landscape architect but shall not engage in the practice of landscape architecture; (4) Inactive or retired licensees may apply for an active license after: (a) Paying a fee and obtaining continuing education pursuant to administrative regulations promulgated by the board; and (b) Meeting the requirements of KRS 323A.100(5); and (5) An inactive or retired licensee shall give the board written notice of any change of address within thirty (30) days. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 90, sec. 1, effective July 15, 2014.

KRS 323A.110 Grounds for placement on probation, reprimand, refusal to issue or renew, revocation, or suspension of license

323A.110. Grounds for placement on probation, reprimand, refusal to issue or renew, revocation, or suspension of license The board may refuse to issue or renew a license, or may place on probation, reprimand, suspend, or revoke the license of any landscape architect to practice landscape architecture in the Commonwealth of Kentucky, and may impose a fine of not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) per violation, for any of the following reasons: (1) Incompetence or negligence in the practice of landscape architecture, as determined by the board; (2) Unprofessional conduct, or conduct tending to bring the profession into disrepute, as determined by the board; (3) Conviction of a felony, including all instances in which a plea of nolo contendere or no contest is the basis of the conviction, if in accordance with KRS Chapter 335B; (4) Fraudulent or dishonest landscape architectural practice; (5) Use of false evidence or misrepresentations in an application for license; (6) Signing or affixing his or her seal to any plans, prints, specifications, or reports which have not been prepared by the landscape architect personally or under his or her immediate supervision; (7) Failure to meet the continuing education requirements established by administrative regulation of the board; (8) Impairment due to drugs, alcohol, or mental disability to an extent that continued practice may be dangerous to clients or to public safety; (9) Failure to comply with an order issued by the board; and (10) Violation of any state statute or administrative regulation governing the practice of landscape architecture. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 73, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 90, sec. 8, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 9, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 146, sec. 4, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 287, sec. 11.

KRS 323A.120 Hearings in disciplinary proceedings -- Appeal

323A.120. Hearings in disciplinary proceedings -- Appeal (1) No licensee shall be disciplined without an opportunity for a hearing. Hearings of the board shall be conducted in accordance with KRS Chapter 13B. (2) Any disciplined licensee may appeal the final order to Franklin Circuit Court in accordance with KRS Chapter 13B. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 9, effective July 15, 2014. -- Amended 1996 Ky. Acts ch. 318, sec. 288, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 291, sec. 10, effective July 15, 1994. -- Amended 1980 Ky. Acts ch. 114, sec. 81, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 308, sec. 56; and ch. 315, sec. 60. -- Created 1972 Ky. Acts ch. 287, sec. 12.

KRS 323A.130 Repealed, 1996

323A.130. Repealed, 1996 Catchline at repeal: Production of evidence -- Rights of accused. History: Repealed 1996 Ky. Acts ch. 318, sec. 357, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 82, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 61. -- Created 1972 Ky. Acts ch. 287, sec. 13.

KRS 323A.140 Repealed, 1996

323A.140. Repealed, 1996 Catchline at repeal: Appeal -- Franklin Circuit Court -- Court of Appeals. History: Repealed 1996 Ky. Acts ch. 318, sec. 357, effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 62, sec. 116. -- Amended 1974 Ky. Acts ch. 308, sec. 57. -- Created 1972 Ky. Acts ch. 287, sec. 14.

KRS 323A.150 Membership of board

323A.150. Membership of board The board shall consist of five (5) members, to be appointed by the Governor. History: Amended 1976 Ky. Acts ch. 206, sec. 19. -- Created 1972 Ky. Acts ch. 287, sec. 15.

KRS 323A.160 Repealed, 1990

323A.160. Repealed, 1990 Catchline at repeal: Board members -- Appointment -- Terms. History: Repealed 1990 Ky. Acts ch. 146, sec. 7, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 287, sec. 16.

KRS 323A.170 Qualifications of board members

323A.170. Qualifications of board members Four (4) members of the board appointed by the Governor shall be landscape architects licensed in the Commonwealth of Kentucky, and shall have been residents of this Commonwealth for at least five (5) years immediately preceding their appointment. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. Each member shall serve for a term of three (3) years, and until a successor is appointed and qualified. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 10, effective July 15, 2014. -- Amended 1998 Ky. Acts ch. 194, sec. 9, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 146, sec. 5, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 206, sec. 20. -- Created 1972 Ky. Acts ch. 287, sec. 17.

KRS 323A.180 Election of officers

323A.180. Election of officers The board shall elect a chairperson, secretary, and treasurer annually, or more frequently if required by the circumstances. The offices of secretary and treasurer may be held by the same person. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 11, effective July 15, 2014. -- Created 1972 Ky. Acts ch. 287, sec. 18.

KRS 323A.190 Compensation of board members

323A.190. Compensation of board members Each member of the board shall receive an amount not to exceed two hundred dollars ($200) for each day or part thereof spent in the performance of official duties, including time spent in necessary travel. In addition, each member of the board shall be reimbursed for all necessary and proper traveling and incidental expenses incurred in connection with these duties. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 12, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 11, effective July 15, 1994. -- Created 1972 Ky. Acts ch. 287, sec. 19.

KRS 323A.200 Quorum

323A.200. Quorum A quorum of the board shall consist of at least three (3) members. The concurring votes of three (3) members shall be considered as the action of the board. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 13, effective July 15, 2014. -- Amended 1988 Ky. Acts ch. 296, sec. 4, effective April 9, 1988. -- Created 1972 Ky. Acts ch. 287, sec. 20.

KRS 323A.210 Functions of board -- Authority to promulgate administrative regulations

323A.210. Functions of board -- Authority to promulgate administrative regulations (1) The board shall: (a) Adopt and provide itself with a seal with a band inscribed, "Kentucky Board of Landscape Architects" with the coat of arms of the state in the center; (b) Keep a complete record of its proceedings and an accurate list of all applications made, licenses issued, inactive and retired licenses, and licenses disciplined; (c) Make a general report including finances to the Governor annually; and (d) Employ legal counsel or contract for legal services it considers necessary. (2) The board may: (a) Promulgate administrative regulations necessary to maintain a program of continuing education for licensees. Continuing education requirements shall be determined by administrative regulation of the board. No requirement for continuing education shall exceed fifteen (15) hours per year; and (b) Adopt all reasonable administrative regulations consistent with this chapter that are necessary to carry into effect the purposes of this chapter. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 14, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 12, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 146, sec. 6, effective July 13, 1990. -- Created 1972 Ky. Acts ch. 287, sec. 21.

KRS 323A.220 Who may be styled as landscape architects

323A.220. Who may be styled as landscape architects Only persons licensed under this chapter may be styled or known as landscape architects in Kentucky; or use any words or letters or assume any titles or descriptions tending to convey the impression that they are landscape architects. History: Created 1972 Ky. Acts ch. 287, sec. 22.

KRS 323A.230 Injunction

323A.230. Injunction Whenever in the judgment of the board any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of KRS 323A.020, the board may make application to the Franklin Circuit Court for an order enjoining such acts or practices, or the board may inform the prosecuting attorney of the county in which the acts or practices are occurring or will occur who may make application to the Circuit Court of that county for an order enjoining such acts or practices. Upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court. Any order of the Franklin Circuit Court shall be enforceable and shall be valid anywhere in this Commonwealth and the order of either court shall be reviewable as provided in the Rules of Civil Procedure, in the case of other injunctions and restraining orders. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 15, effective July 15, 2014. -- Created 1972 Ky. Acts ch. 287, sec. 23.

KRS 323A.990 Penalties

323A.990. Penalties Any person who violates any provision of this chapter shall be guilty of a Class A misdemeanor. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 90, sec. 16, effective July 15, 2014. -- Amended 1994 Ky. Acts ch. 291, sec. 13, effective July 15, 1994. -- Created 1972 Ky. Acts ch. 287, sec. 24.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38852Fetched: 10/20/2026

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