36-18A-5. Practice of landscape architecture defined.
For the purposes of this chapter, the term, practice of landscape architecture, means the practice or offering to practice landscape architecture projects, including preparing preliminary studies, providing land-use studies, developing design concepts, planning for the relationships of physical improvements and intended uses of the site, establishing form and aesthetic elements, analyzing and providing for life safety requirements, developing those construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer or architect, preparing and coordinating technical submissions, and conducting site observation of landscape architecture projects.
Landscape architecture, for the purposes of landscape preservation, development, and enhancement, includes: investigation, selection, and allocation of land and water resources for appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.
Source: SL 1999, ch 195, §5; SL 2016, ch 195, §2.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 18A - Technical Professions
Section 36-18A-1 - Definition of terms.
Section 36-18A-1.1 - Inactive licensee defined.
Section 36-18A-2 - Practice of architecture defined.
Section 36-18A-3 - Practice of engineering, design coordination, and engineering studies defined.
Section 36-18A-4 - Practice of land surveying defined.
Section 36-18A-5 - Practice of landscape architecture defined.
Section 36-18A-6 - Practice of petroleum release assessment defined.
Section 36-18A-7 - Practice of petroleum release remediation defined.
Section 36-18A-8 - License required to practice professions enumerated in chapter.
Section 36-18A-9 - Certain persons exempt from provisions of chapter.
Section 36-18A-11 - Design-build services by contractor.
Section 36-18A-12 - Certain services performed by authorized petroleum release business exempt.
Section 36-18A-13 - Incidental cross-practice by architects and engineers.
Section 36-18A-15 - Board member qualifications.
Section 36-18A-16 - Immunity of board members--Attorney general to represent board.
Section 36-18A-17 - Removal of board member--Filling of vacancies.
Section 36-18A-18 - Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
Section 36-18A-19 - Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
Section 36-18A-20 - Employment of counsel and assistance in enforcement.
Section 36-18A-21 - Employment of executive director and staff--Offices.
Section 36-18A-22 - Board to promulgate rules--Scope of rules--Existing rules remain in effect.
Section 36-18A-24 - Record and report policy.
Section 36-18A-25 - Engineering intern--Qualifications.
Section 36-18A-26 - Professional engineer licensure qualifications--Board to establish criteria.
Section 36-18A-28 - Land surveying intern qualifications--Board to establish criteria.
Section 36-18A-29 - Land surveyor qualifications--Board to establish criteria.
Section 36-18A-33 - Examination requirements--Fees.
Section 36-18A-34 - Notice of results--Reexamination--Fees.
Section 36-18A-35 - Licensure--Comity consideration--Promulgation of Rules--Fee.
Section 36-18A-36 - License issued to successful applicant.
Section 36-18A-37 - Display of license in place of business--Replacement license.
Section 36-18A-38 - Practice permitted recipient of license--Use of titles--License as evidence.
Section 36-18A-39 - Expiration and biennial renewal of licenses--Continuing professional education.
Section 36-18A-43 - Request for inactive or retired status--Fee.
Section 36-18A-45.1 - Digital signatures.
Section 36-18A-46 - Construction administration services to be provided by architect or engineer.
Section 36-18A-46.1 - Completion of work--Successor licensee--Nonprofessional services.
Section 36-18A-47 - Firm or office to have appropriately licensed person in charge.
Section 36-18A-49 - Application for certificate of authorization--Contents.
Section 36-18A-51 - Business to report changes in information supplied on application--Time limit.
Section 36-18A-52 - General provisions applicable to business entities.
Section 36-18A-53 - Employee not responsible for corporate violations--Exception.
Section 36-18A-54 - Board inquiries and investigation of violations--Report and prosecution.
Section 36-18A-56 - Proof of injury not necessary for board action on certain violations.
Section 36-18A-57 - Disciplinary remedies available to board.
Section 36-18A-58 - Additional remedies.
Section 36-18A-59 - Proceedings for revocation or suspension of license.
Section 36-18A-60 - Findings and actions of board subject to appeal.
Section 36-18A-61 - Civil remedies available to board.
Section 36-18A-62 - Service of cease and desist order.
Section 36-18A-63 - Report issued after hearing--Further order.
Section 36-18A-64 - Order becomes final if no hearing requested--Other remedies not precluded.
Section 36-18A-65 - Prohibited acts--Violation as Class 2 misdemeanor.
Section 36-18A-66 - Prohibited acts--Repeated violation as Class 1 misdemeanor.
Section 36-18A-67 - Fee to reimburse board for costs.
Section 36-18A-68 - Limitation on liability of licensed professionals--Exception.
Section 36-18A-69 - Contracts in violation unenforceable.
Section 36-18A-70 - Plans, specifications, plats and submissions in violation unacceptable.
Section 36-18A-74 - Continuation of licenses and enrollments issued under chapter 36-18.