Maryland Landscaping Licensing Law
Maryland Code · 35 sections
The following is the full text of Maryland’s landscaping licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.
Md. Code, Bus. Occ. & Prof. GBO 14-204.1
§14–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 14-208.1
§14–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees and certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees, certificate holders, and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board of Architects, the State Board of Examiners of Landscape Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license or a certificate and each code official, a copy of the Maryland Professional Engineers Act and the Board’s rules and regulations;
(2) on each renewal of a license or certificate, to each licensee or certificate holder, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Professional Engineers Act and the Board’s rules and regulations.
(e) A licensee or certificate holder shall designate the licensee’s or certificate holder’s mailing address at the time of issuance of the license or certificate and on each renewal of the license or certificate.
Md. Code, Bus. Occ. & Prof. GBO 15-204.1
§15–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, and the chairman of the State Board for Professional Engineers shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 15-208.1
§15–208.1.
(a) (1) The Board shall maintain a listing of the names and mailing addresses of all licensees and permit holders.
(2) The Board may release this list to the public.
(b) The licensee or permit holder shall designate the address at the time of issuance of the original license or permit and on the renewal of the license or permit.
(c) (1) The Board shall provide all licensees, certificate holders, and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Certified Interior Designers, and the State Board of Examiners of Landscape Architects.
Md. Code, Bus. Occ. & Prof. GBO 3-204.1
§3–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Certified Interior Designers, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 3-208.1
§3–208.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Occ. & Prof. GBO 3-404
§3–404.
(a) To qualify for a permit, a corporation, limited liability company, or partnership shall meet the requirements of this section.
(b) (1) At least two-thirds of the directors of a corporation shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(2) (i) At least two-thirds of the partners of a partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(ii) If the partnership is a limited partnership, at least two-thirds of the general partners of the limited partnership shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(3) At least two-thirds of the members of a limited liability company shall be licensed in this or another state to practice architecture, engineering, or landscape architecture.
(c) (1) A corporation, limited liability company, or partnership shall have appointed at least 1 responsible member of the corporation, limited liability company, or partnership.
(2) A responsible member shall be in charge of architecture practiced through the corporation, limited liability company, or partnership.
(3) Each responsible member shall be:
(i) a director or an officer of a corporation, a member of a limited liability company, or a general partner of a partnership; and
(ii) a licensed architect.
Md. Code, Bus. Occ. & Prof. GBO 7-101
§7–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means the State Board of Foresters.
(c) (1) Notwithstanding § 5–101 of the Natural Resources Article, “forestry” means the application, for compensation, of scientific techniques to the planting, conservation, protection, and management of trees and related resources for their continuing use, whether found in large numbers and areas commonly known as forests, woodlands, and woodlots or in small groupings and individual trees in suburban and urban settings.
(2) “Forestry” includes:
(i) consultation, investigation, evaluation, or planning of any forestry activity that is described under paragraph (1) of this subsection; or
(ii) having responsibility for any forestry activity that is described under paragraph (1) of this subsection.
(3) “Forestry” does not include:
(i) the services of a tree expert, as defined under § 5–415(c) of the Natural Resources Article;
(ii) practices and services generally provided by:
1. an arboriculturist;
2. a gardener;
3. a horticulturist;
4. a landscape contractor;
5. a landscape gardener;
6. a nurseryman; or
7. an orchardist; or
(iii) the cutting, hauling, handling, or processing of forest products.
(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice forestry.
(e) “Licensed forester” means, unless the context requires otherwise, an individual who is licensed by the Board to practice forestry.
(f) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Bus. Reg. § 8-101
§8–101. (a) In this title the following words have the meanings indicated. (b) “Commission” means the Maryland Home Improvement Commission. (c) “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner. (d) “Contractor license” means a license issued by the Commission to act as a contractor. (e) “Fund” means the Home Improvement Guaranty Fund. (f) “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title. (g) (1) “Home improvement” means: (i) the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or (ii) an improvement to land adjacent to the building. (2) “Home improvement” includes: (i) construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; (ii) a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property; (iii) connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; (iv) installation, in the building or structure, of an awning, fire alarm, or storm window; and (v) work done on individual condominium units. (3) “Home improvement” does not include: (i) construction of a new home; (ii) work done to comply with a guarantee of completion for a new building project; (iii) connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines; (iv) sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials; (v) work done on apartment buildings that contain four or more single–family units; or (vi) work done on the commonly owned areas of condominiums. (h) “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement. (i) (1) “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission. (2) “License” includes: (i) a contractor license; and (ii) a salesperson license. (j) “Licensed contractor” means a person who is licensed by the Commission to act as a contractor. (k) “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement. (l) “Salesperson” means a person who sells a home improvement. (m) “Salesperson license” means a license issued by the Commission to sell a home improvement. (n) “Sell a home improvement” means: (1) to negotiate or offer to negotiate a home improvement contract with an owner; or (2) to seek to get a home improvement contract from an owner. (o) “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with: (1) a contractor to perform all or part of a home improvement contract; or (2) another subcontractor to perform all or part of a subcontract to a home improvement contract.
Md. Code, Bus. Occ. & Prof. GBO 8-204.1
§8–204.1.
At least annually, the chairman of the Board, the chairman of the State Board of Architects, the chairman of the State Board of Examiners of Landscape Architects, the chairman of the State Board for Professional Engineers, and the chairman of the State Board for Professional Land Surveyors shall meet to discuss issues of mutual importance to the design professions.
Md. Code, Bus. Occ. & Prof. GBO 8-206.1
§8–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all certificate holders;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all certificate holders and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Examiners of Landscape Architects, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a certificate and each code official, a copy of the Maryland Certified Interior Designers Act and the Board’s rules and regulations;
(2) on each renewal of a certificate, to each certificate holder, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Certified Interior Designers Act and the Board’s rules and regulations.
(e) A certificate holder shall designate the certificate holder’s mailing address at the time of issuance of the certificate and on each renewal of the certificate.
Md. Code, Bus. Occ. & Prof. GBO 9-101
§9–101.
(a) In this title the following words have the meanings indicated.
(b) “Board” means the State Board of Examiners of Landscape Architects.
(c) “Design coordination” means the review and coordination of services provided by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article.
(d) “Landscape architect” means an individual who practices landscape architecture.
(e) “License” means, unless the context requires otherwise, a license issued by the Board to practice landscape architecture.
(f) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license or the issuance of a reciprocal license.
(g) “Licensed landscape architect” means a landscape architect who is licensed by the Board to practice landscape architecture.
(h) “Permit” means a permit issued by the Board to allow a partnership or corporation to operate a business through which an individual may practice landscape architecture.
(i) “Permit fee” means, as applicable, the fee paid in connection with the issuance and renewal of a permit.
(j) (1) “Practice landscape architecture” means:
(i) to provide any service or creative work in the analysis or design of land and natural resources that requires training and experience in the application of the biological, physical, mathematical, and social sciences; and
(ii) to perform design coordination of a project or portion of a project provided that the licensed landscape architect holds a current license issued by the Board and has adequate education and experience in, and understanding of, the project or portion of the project being coordinated.
(2) “Practice landscape architecture” includes:
(i) consultation, research, analysis, assessment, selection, and allocation of land and natural resources;
(ii) development of graphic, written, digital, and other appropriate criteria to govern the planning and design of land development and construction programs, including:
1. preparation, review, and analysis of master plans, site plans, and land development plans;
2. reconnaissance, planning, design, and preparation of construction documents;
3. construction, observation, administration, and project management;
4. preservation, restoration, conservation, reclamation, rehabilitation, and management of land and natural resources;
5. preparation of feasibility and site selection studies, environmental studies, and cost estimate reports; and
6. design and analysis of grading and drainage, irrigation, erosion and sediment control systems, and pedestrian and vehicular circulation systems; and
(iii) in conjunction with site plan preparation, the performance of the following:
1. determining a grade;
2. determining drainage; and
3. preparing and designing stormwater drainage systems provided that the preparation and design:
A. are in accordance with design manuals, details, and standards accepted by the State or local authorities; and
B. do not require a hydraulic or structural design of system components.
(k) “Responsible charge” means direct control and personal supervision of landscape architecture services that requires initiative, professional skill, and independent judgment.
Md. Code, Bus. Occ. & Prof. GBO 9-202
§9–202.
(a) (1) The Board consists of 5 members.
(2) Of the 5 members of the Board:
(i) 3 shall be licensed landscape architects; and
(ii) 2 shall be consumer members.
(3) The Governor shall appoint the members with the advice of the Secretary and the advice and consent of the Senate.
(b) Each landscape architect member shall be a licensed landscape architect who has practiced landscape architecture in the State for at least 5 years.
(c) Each consumer member of the Board:
(1) shall be a member of the general public;
(2) may not be a licensee or otherwise be subject to regulation by the Board;
(3) may not be required to meet the qualifications for the professional members of the Board; and
(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
(d) While a member of the Board, a consumer member may not:
(1) have a financial interest in or receive compensation from a person regulated by the Board; or
(2) grade any examination given by or for the Board.
(e) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f) (1) The term of a member is 3 years and begins on July 1.
(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(g) (1) The Governor may remove a member for incompetence or misconduct.
(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Bus. Occ. & Prof. GBO 9-206
§9–206.
(a) In addition to any powers set forth elsewhere, the Board may adopt:
(1) any regulation to carry out this title; and
(2) a seal.
(b) In addition to any duties set forth elsewhere, the Board shall keep a record of its proceedings.
(c) (1) With the advice of the established landscape architect associations, the Board shall adopt, by regulation, a code of ethics for practicing landscape architecture.
(2) The Board shall distribute a copy of the code of ethics:
(i) to each applicant for a license; and
(ii) on each renewal of a license, to each licensee.
(3) In addition to complying with the publication requirements of Title 10, Subtitle 1 of the State Government Article, the Board shall distribute a copy of any amendment to the code of ethics to each licensee.
Md. Code, Bus. Occ. & Prof. GBO 9-206.1
§9–206.1.
(a) In this section, “code official” means a public official responsible for the review of building permit documents or the issuance of building permits.
(b) The Board shall:
(1) keep a list of the names and mailing addresses of all licensees;
(2) provide each code official with a copy of the list annually; and
(3) provide any other person who makes a request with a copy of the list at a reasonable fee set by the Board.
(c) (1) The Board shall provide all licensees and code officials with a periodic newsletter not less than semiannually on the activities of the Board.
(2) The Board shall publish, on the Department website, the newsletter jointly with the State Board for Professional Engineers, the State Board of Architects, the State Board of Certified Interior Designers, and the State Board for Professional Land Surveyors.
(d) The Board shall distribute:
(1) to each applicant for a license and each code official, a copy of the Maryland Landscape Architects Act and the Board’s rules and regulations;
(2) on each renewal of a license, to each licensee, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations that took effect during the 2-year period ending on the date of renewal; and
(3) to each code official, a copy of any amendments to the Maryland Landscape Architects Act and the Board’s rules and regulations.
(e) A licensee shall designate the licensee’s mailing address at the time of issuance of the license and on each renewal of the license.
Md. Code, Bus. Occ. & Prof. GBO 9-301
§9–301.
(a) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice landscape architecture in the State.
(b) This section does not apply to:
(1) an individual who practices landscape architecture while performing official duties as an employee of the federal government;
(2) an individual while practicing landscape architecture under the supervision of a licensed landscape architect, if the individual does not assume responsible charge of design or supervision; or
(3) an individual while practicing landscape architecture as an employee of a person who is authorized to practice landscape architecture, if the employee does not assume responsible charge of design or supervision.
Md. Code, Bus. Occ. & Prof. GBO 9-303
§9–303.
(a) Before an applicant takes the examination given by the Board, the applicant shall qualify under this section by meeting the educational and experience requirements set forth in subsection (b), (c), (d), or (e) of this section.
(b) An applicant qualifies under this section if the applicant:
(1) has been graduated from a college or school of landscape architecture that holds accredited status from the national Landscape Architectural Accreditation Board; and
(2) has at least 2 years of work experience in landscape architecture that is:
(i) under the responsible charge of a licensed landscape architect or other authorized individual; and
(ii) otherwise satisfactory to the Board.
(c) An applicant qualifies under this section if the applicant:
(1) has been graduated on completion of at least a 4–year curriculum in a design–related discipline from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas; and
(2) has at least 4 years of work experience in landscape architecture that is:
(i) under the responsible charge of a licensed landscape architect or other authorized individual; and
(ii) otherwise satisfactory to the Board.
(d) An applicant qualifies under this section if the applicant:
(1) has been graduated on completion of at least a 4–year curriculum in a nondesign–related discipline from a college or university that is accredited by, or is a constituent unit of an institution accredited by, the Middle States Association of Colleges and Schools or the equivalent regional accrediting association of other regional areas; and
(2) has at least 6 years of practical work experience in landscape architecture that is:
(i) under the responsible charge of a licensed landscape architect or other authorized individual; and
(ii) otherwise satisfactory to the Board.
(e) (1) An applicant qualifies under this section if the applicant:
(i) is a high school graduate or the equivalent; and
(ii) has at least 8 years of practical work experience in landscape architecture that is:
1. under the responsible charge of a licensed landscape architect or other authorized individual; and
2. otherwise satisfactory to the Board.
(2) The Board may count each full year of study at a college or school of landscape architecture that meets the criteria set forth in subsection (b) of this section as one of the years of the work experience required under this subsection.
Md. Code, Bus. Occ. & Prof. GBO 9-305
§9–305.
(a) Except as otherwise provided in § 9-305.1 of this subtitle, an applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b) The Board shall give written examinations to qualified applicants at least once a year at the time and place that the Board determines.
(c) The Board shall give each qualified applicant notice of the time and place of examination.
(d) (1) The Board shall determine, by regulation, the subjects, scope, and form of and the passing score for examinations given under this title.
(2) The Board shall structure the examination to test the competency of an applicant to plan, design, and supervise the installation of landscape projects.
(3) The Board may supplement a written examination given under this section with an oral examination.
Md. Code, Bus. Occ. & Prof. GBO 9-306
§9–306.
(a) Subject to the provisions of this section, the Board may waive any requirement of this subtitle for an applicant who is licensed to practice landscape architecture in another state.
(b) The Board may grant a waiver under this section only if the applicant:
(1) pays to the Board:
(i) the nonrefundable application fee set by the Board; and
(ii) the license fee set by the Board; and
(2) provides adequate evidence that, at the time the applicant was licensed in the other state, the applicant was required to pass an examination and meet qualifications that were substantially equivalent to the examination and qualifications in this State.
(c) The Board may grant a waiver under this section only if the state in which the applicant is licensed waives the examination and qualifications of licensees of this State to a similar extent as this State waives the examination and qualification requirements for individuals licensed in that state.
Md. Code, Bus. Occ. & Prof. GBO 9-310
§9–310.
(a) (1) Subject to the hearing provisions of § 9–312 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if:
(i) the applicant or licensee fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(ii) the applicant or licensee fraudulently or deceptively uses a license;
(iii) under the laws of the United States or of any state, the applicant or licensee is convicted of:
1. a felony; or
2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice landscape architecture;
(iv) the applicant or licensee is guilty of gross negligence, incompetence, or misconduct while practicing landscape architecture;
(v) the applicant or licensee has had a license to practice landscape architecture in another state revoked or suspended by the other state for a cause that would justify revocation or suspension under this title, except for the failure to pay a license fee;
(vi) the applicant or licensee violates any regulation adopted by the Board; or
(vii) the applicant or licensee violates any provision of this title.
(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.
(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:
1. the seriousness of the violation;
2. the harm caused by the violation;
3. the good faith of the licensee; and
4. any history of previous violations by the licensee.
(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice landscape architecture;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Bus. Occ. & Prof. GBO 9-314
§9–314.
(a) The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license, if the individual:
(1) applies to the Board for reinstatement within 2 years after the license expires;
(2) meets the renewal requirements of § 9–309 of this subtitle; and
(3) pays to the Board a reinstatement fee set by the Board.
(b) (1) If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 2 years after the license has expired, the Board may:
(i) require the individual to reapply for a license in the same manner that an applicant applies for an original license under this subtitle; or
(ii) subject to paragraph (2) of this subsection, reinstate the license.
(2) The Board may reinstate a license under paragraph (1)(ii) of this subsection, if the individual:
(i) meets the renewal requirements of § 9–309 of this subtitle;
(ii) if required by the Board, states reasons why reinstatement should be granted; and
(iii) pays to the Board a reinstatement fee set by the Board.
(c) The Board may waive a reinstatement fee for a licensee who provides evidence satisfactory to the Board that the licensee did not practice landscape architecture during the time the license lapsed.
Md. Code, Bus. Occ. & Prof. GBO 9-402
§9–402.
(a) (1) Subject to the provisions of this subtitle, a licensed landscape architect may practice landscape architecture for others through:
(i) a corporation as an officer, employee, or agent of the corporation;
(ii) a partnership as a partner, an employee, or an agent of the partnership; or
(iii) a limited liability company as a member, an employee, or an agent of the limited liability company.
(2) Subject to the provisions of this subtitle, a corporation, partnership, or limited liability company may provide landscape architectural services through a licensed landscape architect.
(b) A licensed landscape architect who practices landscape architecture through a corporation, partnership, or limited liability company under this subtitle is subject to all of the provisions of this title that relate to practicing landscape architecture.
(c) (1) A corporation, partnership, or limited liability company that provides landscape architectural services to others under this subtitle is not, by its compliance with this subtitle, relieved of any responsibility that the corporation, partnership, or limited liability company may have for an act or omission of its officer, partner, member, employee, or agent.
(2) An individual who practices landscape architecture through a corporation, partnership, or limited liability company is not, by reason of the individual’s employment or other relationship with the corporation, partnership, or limited liability company, relieved of any individual responsibility that the individual may have regarding that practice.
Md. Code, Bus. Occ. & Prof. GBO 9-403
§9–403.
(a) Except as provided in subsection (b) of this section, a corporation, partnership, or limited liability company shall hold a permit issued by the Board before the corporation, partnership, or limited liability company may operate a business through which landscape architecture is practiced.
(b) A corporation, partnership, or limited liability company may provide landscape architectural services for itself or for an affiliated corporation, partnership, or limited liability company without a permit issued by the Board.
Md. Code, Bus. Occ. & Prof. GBO 9-404
§9–404.
(a) To qualify for a permit, a corporation, partnership, or limited liability company shall meet the requirements of this section.
(b) (1) A corporation, partnership, or limited liability company shall appoint at least one person in responsible charge of the landscape architectural services performed or offered to be performed through the corporation, partnership, or limited liability company.
(2) A person in responsible charge shall be:
(i) in direct control of landscape architectural services performed or offered to be performed through the corporation, partnership, or limited liability company;
(ii) in a position to act on behalf of, and be responsible for, the corporation, partnership, or limited liability company in matters related to the practice of landscape architecture; and
(iii) a licensed landscape architect in good standing.
(3) A licensee may not be designated as a person in responsible charge for more than one corporation, partnership, or limited liability company that provides or offers to provide landscape architectural services without the prior approval of the Board.
Md. Code, Bus. Occ. & Prof. GBO 9-405
§9–405.
(a) An applicant for a permit shall:
(1) submit to the Board an application on the form that the Board provides; and
(2) pay to the Board the nonrefundable application fee set by the Board.
(b) In addition to any other information required on an application form, the form shall require the following:
(1) the name and address of at least one person in responsible charge of the landscape architectural services performed or offered to be performed through the corporation, partnership, or limited liability company; and
(2) evidence acceptable to the Board that a person in responsible charge is an employee, an owner, a director, an officer, a member, or a partner, as applicable, of the entity seeking a permit.
Md. Code, Bus. Occ. & Prof. GBO 9-407
§9–407.
(a) Subject to subsection (b) of this section and while a permit is in effect, it authorizes the holder to:
(1) operate a business through which a licensed landscape architect practices landscape architecture; and
(2) represent to the public that the business provides the services of a licensed landscape architect.
(b) A permit authorizes the holder to provide a service that constitutes practicing landscape architecture only if the service is performed by an individual who is licensed or otherwise authorized to practice landscape architecture under this title.
Md. Code, Bus. Occ. & Prof. GBO 9-409
§9–409.
Within 1 month after the effective date of the change or occurrence, a permit holder shall notify the Board in writing if there has been a change in:
(1) the identity of the person in responsible charge of landscape architectural services performed or offered to be performed through the corporation, partnership, or limited liability company; or
(2) the name of the corporation, partnership, or limited liability company.
Md. Code, Bus. Occ. & Prof. GBO 9-411
§9–411.
(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 9–410 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) At least 30 days before the hearing, the hearing notice and a copy of the complaint shall be:
(1) served personally on the applicant or on a person in responsible charge of landscape architecture practiced through the entity holding the permit or a person designated as a resident agent to receive process on behalf of the entity; or
(2) mailed to the last known business address of the applicant or the entity holding the permit.
(d) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Md. Code, Bus. Occ. & Prof. GBO 9-602
§9–602.
Except for a licensed landscape architect who operates a business as a sole practitioner, a person may not operate a business through which landscape architecture is practiced unless:
(1) the business is a corporation, partnership, or limited liability company; and
(2) the corporation, partnership, or limited liability company holds a permit issued by the Board.
Md. Code, Bus. Occ. & Prof. GBO 9-603
§9–603.
Unless authorized under this title to practice landscape architecture, a person may not represent to the public, by use of a title, including “landscape architect” or “licensed landscape architect”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice landscape architecture in the State.
Md. Code, Bus. Occ. & Prof. GBO 9-604
§9–604.
(a) Subject to subsection (b) of this section and unless a person holds a permit issued by the Board, the person may not represent to the public, by the use of a title, including “landscape architects”, “licensed landscape architects”, or “registered landscape architects”, by the use of the term “landscape architecture”, by description of services, methods, or procedures, or otherwise, that the person holds a permit or otherwise is authorized to operate a business through which landscape architecture is practiced in the State.
(b) Subsection (a) of this section does not apply to a licensed landscape architect who operates the business as a sole practitioner.
Md. Code § gbr-8
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Article - Business Regulation PreviousNext
§8–101. (a) In this title the following words have the meanings indicated. (b) “Commission” means the Maryland Home Improvement Commission. (c) “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner. (d) “Contractor license” means a license issued by the Commission to act as a contractor. (e) “Fund” means the Home Improvement Guaranty Fund. (f) “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title. (g) (1) “Home improvement” means: (i) the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or (ii) an improvement to land adjacent to the building. (2) “Home improvement” includes: (i) construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; (ii) a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property; (iii) connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; (iv) installation, in the building or structure, of an awning, fire alarm, or storm window; and (v) work done on individual condominium units. (3) “Home improvement” does not include: (i) construction of a new home; (ii) work done to comply with a guarantee of completion for a new building project; (iii) connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines; (iv) sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials; (v) work done on apartment buildings that contain four or more single–family units; or (vi) work done on the commonly owned areas of condominiums. (h) “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement. (i) (1) “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission. (2) “License” includes: (i) a contractor license; and (ii) a salesperson license. (j) “Licensed contractor” means a person who is licensed by the Commission to act as a contractor. (k) “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement. (l) “Salesperson” means a person who sells a home improvement. (m) “Salesperson license” means a license issued by the Commission to sell a home improvement. (n) “Sell a home improvement” means: (1) to negotiate or offer to negotiate a home improvement contract with an owner; or (2) to seek to get a home improvement contract from an owner. (o) “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with: (1) a contractor to perform all or part of a home improvement contract; or (2) another subcontractor to perform all or part of a subcontract to a home improvement contract.PreviousNext
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Article - Environment PreviousNext
§18–101. (a) (1) In this section the following words have the meanings indicated. (2) “Limit of clearing” means the boundaries within which planned cutting, clearing, or grubbing of vegetation associated with stream restoration will occur. (3) “Limit of disturbance” means the boundary within which additional construction, materials and equipment storage, grading, landscaping, and related activities may occur. (b) An applicant seeking an authorization for a stream and floodplain restoration project in the State shall be subject to the requirements of this section. (c) (1) A project applicant shall provide public notice at 30% design completion, including: (i) Mailing written notice to any residence or business within a radius of 200 feet of the proposed project area’s boundary; and (ii) Posting notice at points of public access to the project. (2) The public notice required under this subsection shall include: (i) Information on the project applicant applying for project authorization, including contact information for the applicant; (ii) The purpose of the project; and (iii) If applicable, information about the public meeting under subsection (d) of this section. (d) (1) The provisions of this subsection do not apply if: (i) The project applicant is an individual; (ii) The proposed project is sited on the individual’s property; and (iii) No residence, other than the individual’s residence, or business is located within a radius of 200 feet from the project boundary. (2) A project applicant shall: (i) Hold an in–person public meeting that includes an option for virtual attendance; (ii) Take meeting minutes and record the meeting; (iii) Present: 1. The project design report and plans; 2. A forest stand delineation; 3. The Department’s Stream Restoration Authorization Checklist; and 4. A separate sheet with the design drawings clearly identifying: A. The limit of clearing, if any; B. The limit of disturbance; and C. To the extent practicable, notation where additional trees are planned to be removed; and (iv) Post the documents and meeting minutes on the project applicant’s website. (3) A project applicant shall hold the public meeting required under this subsection when the project design is 60% complete. (e) A project applicant shall submit to the Department all relevant documents as part of the application and review process, including: (1) The project design report and drawings, including a sheet clearly identifying: (i) The limit of clearing, if any; and (ii) The limit of disturbance; (2) The forest stand delineation; (3) Responses to the Department’s Stream Restoration Authorization Checklist; (4) The meeting minutes and, if feasible, the recording from the public meeting conducted in accordance with subsection (d) of this section; and (5) Any other documents or information requested by the Department. (f) (1) The provisions of this subsection do not apply if: (i) The project applicant is an individual; (ii) The proposed project is sited on the individual’s property; and (iii) No residence, other than the individual’s residence, or business is located within a radius of 200 feet from the project boundary. (2) Within 24 hours after submitting an application to the Department, a project applicant shall post on its website: (i) Notice that it has submitted an application; (ii) The date of submission of the application; and (iii) A copy of the application.PreviousNext
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Article - Environment PreviousNext
§9–101. (a) In this title the following words have the meanings indicated. (b) “Discharge” means: (1) The addition, introduction, leaking, spilling, or emitting of a pollutant into the waters of this State; or (2) The placing of a pollutant in a location where the pollutant is likely to pollute. (c) (1) “Disposal system” means a system for disposing of wastes by surface, above surface, or underground methods. (2) “Disposal system” includes a treatment works and a disposal well. (d) (1) “Effluent limitation” means a restriction or prohibition that: (i) Is established under federal law or a law of this State; and (ii) Specifies quantities, rates, or concentrations of chemical, physical, biological, or other constituents that are discharged into the waters of this State. (2) “Effluent limitation” includes: (i) Parameters for toxic and nontoxic discharges; (ii) Standards of performance for new sources; and (iii) Ocean discharge standards. (d–1) “Failing on–site sewage disposal system” means an on–site sewage disposal system or a cesspool, or a component of an on–site sewage disposal system or a cesspool, that is a threat to public health due to: (1) The potential for direct contact between sewage and members of the public; (2) A failure to prevent: (i) Sewage from reaching the surface of the ground; (ii) Sewage from backing up into a structure due to slow soil absorption of sewage effluent; (iii) Sewage from leaking from a sewage tank or collection system; (iv) Unless specifically authorized by a groundwater protection report approved by the Department before January 1, 2019, groundwater degradation; or (v) Surface water degradation; or (3) For a permitted on–site sewage disposal system, significant noncompliance with the standards and conditions of the on–site sewage disposal system permit. (e) “Industrial user” means: (1) A person who is engaged in manufacturing, fabricating, or assembling goods; or (2) A member of any class of significant producers of pollutants identified under rules or regulations adopted by: (i) The Secretary; or (ii) The administrator of the United States Environmental Protection Agency. (f) “National pollutant discharge elimination system” means the national system for issuing permits as designated by the Federal Water Pollution Control Act. (g) “Pollutant” means: (1) Any waste or wastewater that is discharged from: (i) A publicly owned treatment works; or (ii) An industrial source; or (2) Any other liquid, gaseous, solid, or other substance that will pollute any waters of this State. (h) “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of this State, that will render the waters harmful or detrimental to: (1) Public health, safety, or welfare; (2) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; (3) Livestock, wild animals, or birds; or (4) Fish or other aquatic life. (i) “Publicly owned treatment works” means a facility that is: (1) Owned by this State or a political subdivision, municipal corporation, or other public entity; and (2) Used for the treatment of pollutants. (j) (1) “Solid waste” means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities. (2) “Solid waste” includes: (i) Scrap tires as defined in § 9–201 of this title; (ii) Organic material capable of being composted that is not composted in accordance with regulations adopted under § 9–1725(b) of this title; (iii) Materials that are managed at a recycling facility and are not recyclable materials as defined in § 9–1701 of this title; and (iv) Recyclable materials as defined in § 9–1701 of this title that are not: 1. Returned to the marketplace in the form of a raw material or product within 1 calendar year from the time the recyclable materials are received; or 2. Otherwise managed in accordance with regulations adopted under § 9–1713 of this title. (3) “Solid waste” does not include: (i) Solid or dissolved material in domestic sewage or in irrigation return flows; (ii) Compost as defined in § 9–1701 of this title; (iii) Organic material capable of being composted that is composted in accordance with regulations adopted under § 9–1725(b) of this title; or (iv) Materials that are managed at a recycling facility in accordance with regulations adopted under § 9–1713 of this title. (k) “Water quality standard” means a water quality standard that is adopted and effective under federal law or a law of this State. (l) “Waters of this State” includes: (1) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and (2) The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.PreviousNext
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Article - Natural Resources PreviousNext
§5–101. IN EFFECT (a) In this title the following words have the meanings indicated. (b) “County” includes Baltimore City unless otherwise indicated. (c) “Department” means Department of Natural Resources. (d) “Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including: (1) Producing oxygen and removing carbon dioxide from the atmosphere; (2) Regulating the surface and underground flow of water; (3) Providing effective filtration systems for higher water quality; (4) Supporting a myriad of native flora and fauna; and (5) Providing goods and services ranging from forest products to aesthetics. (e) (1) “Forest land” means a biological community dominated by trees and other woody plants that are capable of producing timber or other wood products with a stocking of at least 100 trees per acre with at least 50% of those trees having a 2–inch or greater diameter at 4.5 feet above the ground. (2) “Forest land” includes forested areas that have been cut but not converted to other land uses. (f) “Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period. (g) “Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for: (1) Clean air and water; (2) Biodiversity; (3) Wildlife habitat; (4) Fiber production; and (5) Recreation. (h) (1) “Forestry practices” means activities conducted to achieve land management objectives. (2) “Forestry practices” includes: (i) Planting; (ii) Prescribed burning; (iii) Thinning; (iv) Pruning; (v) Harvesting; (vi) Fertilizing; and (vii) Pesticide and herbicide application. (i) “No net loss of forest” means 40% of all land in Maryland is covered by tree canopy. (j) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. (k) “Secretary” means Secretary of Natural Resources. (l) “Silvicultural product” or “forest product” means any raw material yielded by a forest, including: (1) Timber; (2) Timber products; and (3) Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw. (m) “Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s: (1) Biodiversity; (2) Productivity; (3) Regeneration capacity; (4) Nutrient reduction benefits; (5) Vitality; and (6) Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems. (n) “Working landscapes” means: (1) Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (m) of this section; and (2) Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.§5–101. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) In this title the following words have the meanings indicated. (b) “County” includes Baltimore City unless otherwise indicated. (c) “Department” means Department of Natural Resources. (d) “Environmental services” means the benefits generated for society by the existence and dynamic development of forests, including: (1) Producing oxygen and removing carbon dioxide from the atmosphere; (2) Regulating the surface and underground flow of water; (3) Providing effective filtration systems for higher water quality; (4) Supporting a myriad of native flora and fauna; and (5) Providing goods and services ranging from forest products to aesthetics. (e) (1) “Forest land” means a contiguous patch of trees that is at least 1 acre in size exhibiting at least one transect of at least 120 feet in width. (2) “Forest land” includes forested areas that have been cut but not converted to other land uses. (f) “Forest stewardship plan” means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15–year period. (g) “Forestry” or “silviculture” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for: (1) Clean air and water; (2) Biodiversity; (3) Wildlife habitat; (4) Fiber production; and (5) Recreation. (h) (1) “Forestry practices” means activities conducted to achieve land management objectives. (2) “Forestry practices” includes: (i) Planting; (ii) Prescribed burning; (iii) Thinning; (iv) Pruning; (v) Harvesting; (vi) Fertilizing; and (vii) Pesticide and herbicide application. (i) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. (j) “Secretary” means Secretary of Natural Resources. (k) “Silvicultural product” or “forest product” means any raw material yielded by a forest, including: (1) Timber; (2) Timber products; and (3) Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw. (l) “Sustainable forestry” or “sustainable forestry management” means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest’s: (1) Biodiversity; (2) Productivity; (3) Regeneration capacity; (4) Nutrient reduction benefits; (5) Vitality; and (6) Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems. (m) “Tree canopy” means the crowns of deciduous and evergreen woody vegetation that is: (1) The product of natural growth or human planting; and (2) Greater than 3 meters in height. (n) “Working landscapes” means: (1) Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (l) of this section; and (2) Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture.PreviousNext
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