SB 256

SENATE BILL 256
      C3  6lr0754
  CF HB 485
     By: Senator Gallion Senators Gallion and Simonaire
     Introduced and read first time: January 16, 2026
     Assigned to: Education, Energy, and the Environment
     Committee Report: Favorable with amendments
     Senate action: Adopted
     Read second time: February 16, 2026
  CHAPTER ______
1 AN ACT concerning
2State Board of Professional Landscape Architects – Revisions
3 FOR the purpose of altering the name of the State Board of Examiners of Landscape
4      Architects to be the State Board of Professional Landscape Architects; altering the
5      defined term “licensed landscape architects” to be “professional landscape
6      architects”; altering certain qualifications for membership on the Board; altering
7      certain duties of the Board; altering certain educational and experience
8      requirements of applicants for a license to practice landscape architecture; altering
9      certain examination administration requirements; altering certain term, renewal,
10      and fee payment requirements for certain licenses or permits issued by the Board;
11      authorizing the Board to issue a certain emeritus status license; and generally
12      relating to the State Board of Professional Landscape Architects.
13 BY repealing and reenacting, without amendments,
14Article – Business Occupations and Professions
15Section 9–101(a) and 9–206.1(a)
16Annotated Code of Maryland
17(2018 Replacement Volume and 2025 Supplement)
18 BY repealing and reenacting, with amendments,
19Article – Business Occupations and Professions
20Section 9–101(b), (h), (i), and (j); 9–201, 9–202(a) and (b), 9–206, and 9–206.1(b) and
21(d) to be under the amended subtitle “Subtitle 2. State Board of Professional
22Landscape Architects”; and 9–301 through 9–305, 9–308, 9–309(f), 9–310,
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  Underlining indicates amendments to bill.
  Strike out indicates matter stricken from the bill by amendment or deleted from the law by
  amendment.
  *sb0256*
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19–311(b), 9–314(b), 9–402(a) and (b), 9–403, 9–404(b), 9–407, 9–410, 9–414(a),
29–501, 9–602 through 9–604, and 9–701
3Annotated Code of Maryland
4(2018 Replacement Volume and 2025 Supplement)
5 BY repealing
6Article – Business Occupations and Professions
7Section 9–101(g), 9–305.1, 9–309(a), and 9–408(a)
8Annotated Code of Maryland
9(2018 Replacement Volume and 2025 Supplement)
10 BY adding to
11      Article – Business Occupations and Professions
12      Section 9–101(j), 9–309(a), 9–309.1, and 9–408(a)
13      Annotated Code of Maryland
14      (2018 Replacement Volume and 2025 Supplement)
15 BY repealing and reenacting, with amendments,
16Article – Business Regulation
17Section 2–106.1(a)(3) and 2–108(a)(17)
18Annotated Code of Maryland
19(2024 Replacement Volume and 2025 Supplement)
20 BY repealing and reenacting, with amendments,
21Article – Courts and Judicial Proceedings
22Section 3–2C–01(c)(3)
23Annotated Code of Maryland
24(2020 Replacement Volume and 2025 Supplement)
25 BY repealing and reenacting, with amendments,
26Article – Environment
27Section 4–308(a)
28Annotated Code of Maryland
29(2013 Replacement Volume and 2025 Supplement)
30 BY repealing and reenacting, with amendments,
31Article – Natural Resources
32Section 5–1604(a) and 5–1605(b)
33Annotated Code of Maryland
34(2023 Replacement Volume and 2025 Supplement)
35 BY repealing and reenacting, without amendments,
36Article – Public Utilities
37Section 12–101(a)
38Annotated Code of Maryland
39(2025 Replacement Volume and 2025 Supplement)
  SENATE BILL 256  3
1 BY repealing and reenacting, with amendments,
2Article – Public Utilities
3Section 12–101(i)
4Annotated Code of Maryland
5(2025 Replacement Volume and 2025 Supplement)
6 BY repealing and reenacting, with amendments,
7Article – State Government
8Section 8–403(34)
9Annotated Code of Maryland
10(2021 Replacement Volume and 2025 Supplement)
11SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
12 That the Laws of Maryland read as follows:
13Article – Business Occupations and Professions
14 9–101.
15(a)     In this title the following words have the meanings indicated.
16(b)     “Board” means the State Board of [Examiners of] PROFESSIONAL Landscape
17 Architects.
18[(g)   “Licensed landscape architect” means a landscape architect who is licensed by
19 the Board to practice landscape architecture.]
20[(h)] (G)    “Permit” means a permit issued by the Board to allow a partnership or
21 corporation to operate a business through which an individual may practice landscape
22 architecture.
23[(i)] (H)   “Permit fee” means, as applicable, the fee paid in connection with the
24 issuance and renewal of a permit.
25[(j)] (I)     (1)    “Practice landscape architecture” means:
26(i)    to provide any service or creative work in the analysis or design
27 of land and natural resources that requires training and experience in the application of
28 the biological, physical, mathematical, and social sciences; and
29(ii)   to perform design coordination of a project or portion of a project
30 provided that the [licensed] PROFESSIONAL landscape architect holds a current license
31 issued by the Board and has adequate education and experience in, and understanding of,
32 the project or portion of the project being coordinated.
33(2)   “Practice landscape architecture” includes:
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1(i)   consultation, research, analysis, assessment, selection, and
2 allocation of land and natural resources;
3(ii)  development of graphic, written, digital, and other appropriate
4 criteria to govern the planning and design of land development and construction programs,
5 including:
61.     preparation, review, and analysis of master plans, site
7 plans, and land development plans;
82.    reconnaissance, planning, design, and preparation of
9 construction documents;
103.    construction, observation, administration, and project
11 management;
124.   preservation, restoration, conservation,  reclamation,
13 rehabilitation, and management of land and natural resources;
145.     preparation of feasibility and site selection studies,
15 environmental studies, and cost estimate reports; and
166.     design and analysis of grading and drainage, irrigation,
17 erosion and sediment control systems, and pedestrian and vehicular circulation systems;
18 and
19(iii)   in conjunction with site plan preparation, the performance of the
20 following:
211.    determining a grade;
222.    determining drainage; and
233.     preparing and designing stormwater drainage systems
24 provided that the preparation and design:
25A.     are in accordance with design manuals, details, and
26 standards accepted by the State or local authorities; and
27B.    do not require a hydraulic or structural design of system
28 components.
29(J)“PROFESSIONAL LANDSCAPE ARCHITECT” MEANS A LANDSCAPE
30 ARCHITECT WHO IS LICENSED BY THE BOARD TO PRACTICE LANDSCAPE
31 ARCHITECTURE.
  SENATE BILL 256  5
1     Subtitle 2. State Board of [Examiners of] PROFESSIONAL Landscape Architects.
2 9–201.
3There is a State Board of [Examiners of] PROFESSIONAL Landscape Architects in
4 the Department.
5 9–202.
6(a)    (1)   The Board consists of [5] FIVE members.
7(2)   Of the [5] FIVE members of the Board:
8(i)       [3] THREE shall be [licensed] PROFESSIONAL landscape
9 architects; and
10(ii)      [2] TWO shall be consumer members.
11(3)    The Governor shall appoint the members with the advice of the
12 Secretary and the advice and consent of the Senate.
13(b)    [Each] OF THE PROFESSIONAL landscape architect [member] MEMBERS:
14(1)   TWO MEMBERS shall be [a licensed] PROFESSIONAL landscape
15 [architect] ARCHITECTS who [has] HAVE practiced landscape architecture in the State for
16 at least 10 YEARS, WITH 5 years OF EXPERIENCE AS RESPONSIBLE CHARGE; AND
17(2)
  ONE MEMBER SHALL BE A PROFESSIONAL LANDSCAPE ARCHITECT
18 WHO HAS PRACTICED LANDSCAPE ARCHITECTURE IN THE STATE FOR AT LEAST 5
19 YEARS.
20 9–206.
21(a)    In addition to any powers set forth elsewhere, the Board may adopt:
22(1)   any regulation to carry out this title; and
23(2)   a seal.
24(b)   In addition to any duties set forth elsewhere, the Board shall keep a record of
25 its proceedings.
26(c)     (1) [With the advice of the established landscape architect associations,
27 the] THE Board shall adopt, by regulation, a code of ethics for practicing landscape
28 architecture.
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1(2)    The Board shall distribute a copy of the code of ethics:
2(i)    to each applicant for a license; and
3(ii)   on each renewal of a license, to each licensee.
4(3)   In addition to complying with the publication requirements of Title 10,
5 Subtitle 1 of the State Government Article, the Board shall distribute a copy of any
6 amendment to the code of ethics to each licensee.
7 9–206.1.
8(a)   In this section, “code official” means a public official responsible for the review
9 of building permit documents or the issuance of building permits.
10(b)    The Board shall:
11(1)    keep a list of the names and mailing addresses of all licensees;
12(2)    provide each code official with:
13(I)    a copy of the list annually; and
14(II)   ACCESS TO THE LIST UPON REQUEST; AND
15(3)    provide any other person who makes a request with a copy of the list at
16 a reasonable fee set by the Board.
17(d)    The Board shall distribute:
18(1)
  to each applicant for a license and each code official, a copy of the
19 Maryland PROFESSIONAL Landscape Architects Act and the Board’s [rules and]
20 regulations;
21(2)    on each renewal of a license, to each licensee, a copy of any amendments
22 to the Maryland PROFESSIONAL Landscape Architects Act and the Board’s [rules and]
23 regulations that took effect during the 2–year period ending on the date of renewal; and
24(3)
  to each code official, a copy of any amendments to the Maryland
25 PROFESSIONAL Landscape Architects Act and the Board’s [rules and] regulations.
26 9–301.
27(a)   Except as otherwise provided in this title, an individual shall be licensed by
28 the Board before the individual may practice landscape architecture in the State.
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1(b)   This section does not apply to:
2(1)    an individual who practices landscape architecture while performing
3 official duties as an employee of the federal government;
4(2)     an individual while practicing landscape architecture under the
5 supervision of a [licensed] PROFESSIONAL landscape architect, if the individual does not
6 assume responsible charge of design or supervision; or
7(3)   an individual while practicing landscape architecture as an employee
8 of a person who is authorized to practice landscape architecture, if the employee does not
9 assume responsible charge of design or supervision.
10 9–302.
11(a)   To qualify for a license, an applicant shall be an individual who meets the
12 requirements of this section.
13(b)   An applicant shall be at least 18 years old.
14(c)    An applicant shall meet the educational and experience requirements under
15 § 9–303 of this subtitle.
16      (d)    Except as otherwise provided in this subtitle, the applicant shall pass the
17 examination [given] REQUIRED by the Board under this subtitle.
18 9–303.
19(a)   Before an applicant takes the examination [given] REQUIRED by the Board,
20 the applicant shall qualify under this section by meeting the educational and experience
21 requirements set forth in subsection (b), (c), (d), or (e) of this section.
22(b)   An applicant qualifies under this section if the applicant:
23(1)    has [been] graduated from a college or school of landscape architecture
24 that holds accredited status from the national Landscape Architectural Accreditation
25 Board; and
26(2)    has at least 2 years of work experience in landscape architecture that
27 is:
28(i)    under the responsible charge of a [licensed] PROFESSIONAL
29 landscape architect or other [authorized individual] LICENSED DESIGN PROFESSIONAL;
30 and
31(ii)   otherwise satisfactory to the Board.
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1(c)    An applicant qualifies under this section if the applicant:
2(1)    has [been] graduated on completion of at least a 4–year curriculum in
3 a design–related discipline from a college or university that is accredited by, or is a
4 constituent unit of an institution accredited by, the [Middle States Association of Colleges
5 and Schools] COUNCIL FOR HIGHER EDUCATION ACCREDITATION or the equivalent
6 regional accrediting association of other regional areas; and
7(2)    has at least 4 years of work experience in landscape architecture that
8 is:
9(i)    under the responsible charge of a [licensed] PROFESSIONAL
10 landscape architect or other [authorized individual] LICENSED DESIGN PROFESSIONAL;
11 and
12(ii)   otherwise satisfactory to the Board.
13(d)    An applicant qualifies under this section if the applicant:
14(1)    has [been] graduated on completion of at least a 4–year curriculum in
15 a nondesign–related discipline from a college or university that is accredited by, or is a
16 constituent unit of an institution accredited by, the [Middle States Association of Colleges
17 and Schools] COUNCIL FOR HIGHER EDUCATION ACCREDITATION or the equivalent
18 regional accrediting association of other regional areas; and
19(2)    has at least 6 years of practical work experience in landscape
20 architecture that is:
21(i)    under the responsible charge of a [licensed] PROFESSIONAL
22 landscape architect or other [authorized individual] LICENSED DESIGN PROFESSIONAL;
23 and
24(ii)   otherwise satisfactory to the Board.
25(e)    (1)    An applicant qualifies under this section if the applicant:
26(i)    is a high school graduate or the equivalent; and
27(ii)   has at least 8 years of practical work experience in landscape
28 architecture that is:
291.    under    the    responsible      charge   of   a   [licensed]
30 PROFESSIONAL landscape architect or other [authorized individual] LICENSED DESIGN
31 PROFESSIONAL; and
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12.    otherwise satisfactory to the Board.
2(2)     The Board may count each full year of study at a college or school of
3 landscape architecture that meets the criteria set forth in subsection (b) of this section as
4 one of the years of the work experience required under this subsection.
5 9–304.
6An applicant for a license shall:
7(1)    submit to the Board an application on the form that the Board provides;
8 and
9(2)    pay to the Board [or the Board’s designee:
10(i)]   a nonrefundable application fee [set by the Board; and
11(ii)   an examination fee set by the Board in an amount not to exceed
12 the cost of the required examination].
13 9–305.
14(a)   [Except as otherwise provided in § 9–305.1 of this subtitle, an] AN applicant
15 who otherwise qualifies for a license is entitled to be examined as provided in this section.
16(b)     The Board PERIODICALLY shall [give written examinations] OFFER THE
17 EXAMINATIONS REQUIRED UNDER THIS SECTION to qualified applicants at least once a
18 year at the time and place that the Board determines.
19      (c)   [The] EXCEPT AS PROVIDED IN SUBSECTION (D)(2)(I) OF THIS SECTION,
20 THE Board shall give each qualified applicant notice of the time and place of examination.
21(D)    (1)
  THE BOARD MAY USE A TESTING SERVICE TO ADMINISTER THE
22 EXAMINATIONS UNDER THIS SECTION.
23(2)
  IF THE BOARD USES A TESTING SERVICE TO ADMINISTER
24 EXAMINATIONS UNDER THIS SECTION, THE TESTING SERVICE, SUBJECT TO THE
25 REQUIREMENTS SET BY THE BOARD, MAY:
26(I)    SET THE TIME AND PLACE OF EXAMINATIONS;
27(II)
  SEND QUALIFIED APPLICANTS NOTICE OF THE TIME AND
28 PLACE OF EXAMINATIONS; AND
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1(III) PROVIDE ANY OTHER INFORMATION THAT THE BOARD MAY
2 REQUIRE THE TESTING SERVICE TO PROVIDE.
3(3) IF NECESSARY TO DETERMINE THE COMPETENCY OF
4 APPLICANTS, THE BOARD MAY USE A TESTING SERVICE TO ADMINISTER
5 SUPPLEMENTAL EXAMINATIONS WITH ADDITIONAL SUBJECTS.
6[(d)   (1)] (E)    The Board shall determine, by regulation, the subjects, scope,
7 and form of and the passing score for examinations given under this title.
8[(2) The Board shall structure the examination to test the competency of an
9 applicant to plan, design, and supervise the installation of landscape projects.
10(3)    The Board may supplement a written examination given under this
11 section with an oral examination.]
12 [9–305.1.
13(a)     The Board may use a testing service to administer the examinations given
14 under this title.
15(b)     If the Board uses a testing service under this subsection, the testing service,
16 subject to the requirements set by the Board, may:
17(1)    set the time and place of examinations;
18(2)    give qualified applicants notice of the time and place of examinations;
19 and
20(3)    furnish any other information that the Board may require the testing
21 service to provide.]
22 9–308.
23(a)     While a license is in effect, it authorizes the licensee to practice landscape
24 architecture.
25(b)    A [licensed] PROFESSIONAL landscape architect is not authorized to practice
26 architecture, engineering, or land surveying.
27 9–309.
28[(a)   Unless a license is renewed for a 2–year term as provided in this section, the
29 license expires on the first June 30 that comes:
30(1)    after the effective date of the license; and
  SENATE BILL 256  11
1(2)    in an even–numbered year.]
2(A)  A LICENSE IS VALID FOR A 2–YEAR TERM FROM ISSUANCE OF THE
3 LICENSE AS PROVIDED IN THIS SECTION.
4(f)    (1)    The Board shall adopt regulations[:
5(1)] to require a licensee to demonstrate continuing professional
6 competency by completing at least 24 hours of professional development activities as a
7 condition of renewal of a license under this section[; and
8(2)    in accordance with the following:
9(i)   the continuing professional competency requirement does not
10 apply to the first renewal of a license;
11(ii)    if a license expires on or before September 30, 2015, a licensee is
12 not required to fulfill the continuing professional competency requirement;
13(iii) if a license expires between October 1, 2015, and September 30,
14 2016, a licensee is required to fulfill 50% of the continuing professional competency
15 requirement as provided in regulations adopted by the Board under this subsection; and
16(iv) if a license expires on or after October 1, 2016, a licensee is
17 required to fulfill the full continuing professional competency requirement as provided in
18 regulations adopted by the Board under this subsection].
19(2)
  THE CONTINUING PROFESSIONAL COMPETENCY REQUIREMENT
20 UNDER PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY TO THE FIRST
21 RENEWAL OF A LICENSE.
22 9–309.1.
23(A) THE BOARD MAY ISSUE AN EMERITUS STATUS LICENSE TO AN
24 INDIVIDUAL WHO SUBMITS TO THE BOARD AN APPLICATION FOR EMERITUS STATUS
25 ON THE FORM REQUIRED BY THE BOARD.
26      (B) THE        BOARD MAY ISSUE AN EMERITUS STATUS LICENSE IF THE
27 INDIVIDUAL:
28(1)    (I)
  IS CURRENTLY LICENSED BY THE BOARD TO PRACTICE
29 LANDSCAPE ARCHITECTURE; OR
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1(II)
  WAS PREVIOUSLY LICENSED BY THE BOARD TO PRACTICE
2 LANDSCAPE ARCHITECTURE AND ALLOWED THE LICENSE TO EXPIRE BUT IS
3 OTHERWISE ENTITLED TO RENEWAL UNDER § 9–309 OF THIS SUBTITLE AT THE TIME
4 OF EXPIRATION;
5(2)HAS BEEN A PROFESSIONAL LANDSCAPE ARCHITECT FOR AT
6 LEAST 25 YEARS, OF WHICH 5 YEARS HAVE BEEN IN THE STATE;
7(3)
  IS NOT THE SUBJECT OF ANY PENDING DISCIPLINARY ACTION
8 RELATED TO THE PRACTICE OF LANDSCAPE ARCHITECTURE IN THE STATE OR
9 ANOTHER STATE; AND
10(4)    PAYS TO THE BOARD A FEE SET BY THE BOARD.
11(C)    THE HOLDER OF AN EMERITUS STATUS LICENSE UNDER THIS SECTION:
12(1)    MAY    USE   THE    DESIGNATION       OF   “LANDSCAPE ARCHITECT
13 EMERITUS”; AND
14(2)    MAY    NOT     ENGAGE      IN   THE    PRACTICE      OF    LANDSCAPE
15 ARCHITECTURE.
16(D)    THE BOARD MAY REINSTATE THE LICENSE TO PRACTICE LANDSCAPE
17 ARCHITECTURE OF THE HOLDER OF AN EMERITUS STATUS LICENSE IF THE
18 INDIVIDUAL:
19(1)
  SUBMITS TO THE BOARD AN APPLICATION FOR REINSTATEMENT
20 ON THE FORM PROVIDED BY THE BOARD;
21(2)
  MEETS   THE   CONTINUING    PROFESSIONAL     COMPETENCY
22 REQUIREMENTS FOR RENEWAL OF A LICENSE UNDER § 9–309 OF THIS SUBTITLE;
23(3)
  IS NOT THE SUBJECT OF ANY PENDING DISCIPLINARY ACTION
24 RELATED TO THE PRACTICE OF LANDSCAPE ARCHITECTURE IN THE STATE OR
25 ANOTHER STATE; AND
26(4)    PAYS TO THE BOARD A REINSTATEMENT FEE SET BY THE BOARD.
27 9–310.
28(a)   (1)    Subject to the hearing provisions of § 9–312 of this subtitle, the Board,
29 on the affirmative vote of a majority of its members then serving, may deny a license to any
30 applicant, reprimand any licensee, or suspend or revoke a license if:
  SENATE BILL 256  13
1(i)     the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE
2 ACTION IS CONTEMPLATED fraudulently or deceptively obtains or attempts to obtain a
3 license for the applicant or licensee or for another;
4the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE
  (ii)
5 ACTION IS CONTEMPLATED fraudulently or deceptively uses a license;
6(iii) under the laws of the United States or of any state, the [applicant
7 or licensee] INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED is convicted
8 of:
91.    a felony; or
102.      a misdemeanor that is directly related to the fitness and
11 qualification of the applicant or licensee to practice landscape architecture;
12(iv) the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE
13 ACTION IS CONTEMPLATED is guilty of gross negligence, incompetence, or misconduct
14 while practicing landscape architecture;
15(v)    the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE
16 ACTION IS CONTEMPLATED has had a license to practice landscape architecture in
17 another state revoked or suspended by the other state for a cause that would justify
18 revocation or suspension under this title, except for the failure to pay a license fee;
19the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE
  (vi)
20 ACTION IS CONTEMPLATED violates any regulation adopted by the Board; or
21the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE
  (vii)
22 ACTION IS CONTEMPLATED violates any provision of this title.
23(2)   (i)     Instead of or in addition to reprimanding [a licensee] AN
24 INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED or suspending or
25 revoking a license under this subsection, the Board may impose a penalty not exceeding
26 $5,000 for each violation.
27(ii)  To determine the amount of the penalty imposed under this
28 subsection, the Board shall consider:
291.    the seriousness of the violation;
302.    the harm caused by the violation;
313.    the good faith of the licensee; and
324.    any history of previous violations by the licensee.
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1(3)   The Board shall pay any penalty collected under this subsection into
2 the General Fund of the State.
3(b)     The Board shall consider the following facts in the granting, denial, renewal,
4 suspension, or revocation of a license or the reprimand of [a licensee] AN INDIVIDUAL
5 AGAINST WHOM THE ACTION IS CONTEMPLATED when an applicant or licensee is
6 convicted of a felony or misdemeanor described in subsection (a)(1)(iii) of this section:
7(1)    the nature of the crime;
8(2)    the relationship of the crime to the activities authorized by the license;
9(3)     with respect to a felony, the relevance of the conviction to the fitness
10 and qualification of the [applicant or licensee] INDIVIDUAL AGAINST WHOM THE ACTION
11 IS CONTEMPLATED to practice landscape architecture;
12(4)    the length of time since the conviction; and
13the behavior and activities of the [applicant or licensee] INDIVIDUAL
  (5)
14 AGAINST WHOM THE ACTION IS CONTEMPLATED before and after the conviction.
15 9–311.
16(b)    (1)    A complaint shall:
17(i)     be in writing;
18(ii)    state specifically the facts on which the complaint is based; and
19(iii)   be submitted to [the Secretary of] the Board.
20(2)  If the complaint is made by any person other than a member of the
21 Board, the complaint shall be made under oath by the person who submits the complaint.
22 9–314.
23(b)     (1)  If an individual has failed to renew a license for any reason and then
24 applies to the Board for reinstatement more than 2 years after the license has expired, the
25 Board may:
26(i)    require the individual to reapply for a license in the same manner
27 that an applicant applies for an original license under this subtitle; or
28(ii)    subject to paragraph (2) of this subsection, reinstate the license.
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1(2)    The Board may reinstate a license under paragraph (1)(ii) of this
2 subsection, if the individual:
3(i)     meets the renewal requirements of § 9–309 of this subtitle,
4 INCLUDING THE PROFESSIONAL COMPETENCY REQUIREMENTS THAT WOULD HAVE
5 BEEN REQUIRED FOR RENEWAL OF THE LICENSE;
6(ii)     if required by the Board, states reasons why reinstatement
7 should be granted; and
8(iii)   pays to the Board a reinstatement fee set by the Board.
9 9–402.
10(a)   (1)    Subject to the provisions of this subtitle, a [licensed] PROFESSIONAL
11 landscape architect may practice landscape architecture for others through:
12(i)     a corporation as an officer, employee, or agent of the corporation;
13(ii)    a partnership as a partner, an employee, or an agent of the
14 partnership; or
15(iii) a limited liability company as a member, an employee, or an
16 agent of the limited liability company.
17(2)    Subject to the provisions of this subtitle, a corporation, partnership, or
18 limited liability company may provide landscape architectural services through a [licensed]
19 PROFESSIONAL landscape architect.
20(b)    A [licensed] PROFESSIONAL landscape architect who practices landscape
21 architecture through a corporation, partnership, or limited liability company under this
22 subtitle is subject to all of the provisions of this title that relate to practicing landscape
23 architecture.
24 9–403.
25[(a)   Except as provided in subsection (b) of this section, a] A corporation,
26 partnership, or limited liability company shall hold a permit issued by the Board before the
27 corporation, partnership, or limited liability company may operate a business through
28 which landscape architecture is practiced.
29[(b)    A corporation, partnership, or limited liability company may provide
30 landscape architectural services for itself or for an affiliated corporation, partnership, or
31 limited liability company without a permit issued by the Board.]
32 9–404.
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1(b)    (1)   A corporation, partnership, or limited liability company shall appoint
2 at least one person in responsible charge of the landscape architectural services performed
3 or offered to be performed through the corporation, partnership, or limited liability
4 company.
5(2)   A person in responsible charge shall be:
6(i)   in direct control of landscape architectural services performed or
7 offered to be performed through the corporation, partnership, or limited liability company;
8(ii)   in a position to act on behalf of, and be responsible for, the
9 corporation, partnership, or limited liability company in matters related to the practice of
10 landscape architecture; and
11a [licensed] PROFESSIONAL landscape architect in good
  (iii)
12 standing WHO IS LICENSED BY THE BOARD.
13(3)   A licensee may not be designated as a person in responsible charge for
14 more than one corporation, partnership, or limited liability company that provides or offers
15 to provide landscape architectural services without the prior approval of the Board.
16 9–407.
17(a)    Subject to subsection (b) of this section and while a permit is in effect, it
18 authorizes the holder to:
19(1)    operate a business through which a [licensed] PROFESSIONAL
20 landscape architect practices landscape architecture; and
21(2) represent to the public that the business provides the services of a
22 [licensed] PROFESSIONAL landscape architect.
23(b)   A permit authorizes the holder to provide a service that constitutes practicing
24 landscape architecture only if the service is performed by an individual who is licensed or
25 otherwise authorized to practice landscape architecture under this title.
26 9–408.
27[(a)  Unless a permit is renewed for a 2–year term as provided in this section, the
28 permit expires on the first June 30 that comes:
29(1)   after the effective date of the permit; and
30(2)   in an even–numbered year.]
  SENATE BILL 256  17
1(A)  A PERMIT IS VALID FOR A 2–YEAR TERM FROM ISSUANCE OF THE
2 PERMIT AS PROVIDED IN THIS SECTION.
3 9–410.
4(a)    Subject to the hearing provisions of § 9–411 of this subtitle, the Board, on the
5 affirmative vote of a majority of its members then serving, may deny a permit to any
6 applicant, reprimand a permit holder, or suspend or revoke a permit if:
7the [applicant or permit holder] INDIVIDUAL AGAINST WHOM THE
  (1)
8 ACTION IS CONTEMPLATED fraudulently or deceptively obtains or attempts to obtain a
9 permit; or
10the [permit holder] INDIVIDUAL AGAINST WHOM THE ACTION IS
  (2)
11 CONTEMPLATED fraudulently or deceptively uses a permit.
12(b)  (1)   In addition to a sanction imposed under subsection (a) of this section,
13 the Board may impose a penalty not exceeding $5,000 for:
14(i)   each violation for which a denial, reprimand, suspension, or
15 revocation was imposed under subsection (a) of this section; and
16(ii)   each failure to meet or continue to meet the qualifications or
17 requirements set forth in this subtitle.
18(2)    To determine the amount of the penalty imposed under this subsection,
19 the Board shall consider:
20(i)     the seriousness of the violation;
21(ii)    the harm caused by the violation;
22(iii)   the good faith of the permit holder or the applicant; and
23(iv) any history of previous violations by the [permit holder or the
24 applicant] INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED.
25(c)  The Board shall pay any penalty collected under subsection (b) of this section
26 into the General Fund of the State.
27 9–414.
28(a)Subject to the provisions of this section AND REGULATIONS ADOPTED BY
29 THE BOARD, the Board may reinstate:
30(1)    a permit that has been revoked; or
18SENATE BILL 256
1(2)    before fulfillment of the conditions of the suspension, a permit that has
2 been suspended.
3 9–501.
4Before a [licensed] PROFESSIONAL landscape architect issues to a client or submits
5 to a public authority any final drawing, plan, specification, report, or other document, the
6 [licensed] PROFESSIONAL landscape architect who prepared or approved the document
7 shall sign, seal, and date the document.
8 9–602.
9Except for a [licensed] PROFESSIONAL landscape architect who operates a business
10 as a sole practitioner, a person may not operate a business through which landscape
11 architecture is practiced unless:
12(1)   the business is a corporation, partnership, or limited liability company;
13 and
14(2)    the corporation, partnership, or limited liability company holds a
15 permit issued by the Board.
16 9–603.
17Unless authorized under this title to practice landscape architecture, a person may
18 not represent to the public, by use of a title, including “landscape architect” ,
19 “PROFESSIONAL LANDSCAPE ARCHITECT”, or “licensed landscape architect”, by
20 description of services, methods, or procedures, or otherwise, that the person is authorized
21 to practice landscape architecture in the State.
22 9–604.
23(a)    Subject to subsection (b) of this section and unless a person holds a permit
24 issued by the Board, the person may not represent to the public, by the use of a title,
25 including “landscape architects”, “PROFESSIONAL LANDSCAPE ARCHITECTS”, “licensed
26 landscape architects”, or “registered landscape architects”, by the use of the term
27 “landscape architecture”, by description of services, methods, or procedures, or otherwise,
28 that the person holds a permit or otherwise is authorized to operate a business through
29 which landscape architecture is practiced in the State.
30(b)   Subsection (a) of this section does not apply to a [licensed] PROFESSIONAL
31 landscape architect who operates the business as a sole practitioner.
32 9–701.
  SENATE BILL 256  19
1This title may be cited as the “Maryland PROFESSIONAL Landscape Architects Act”.
2Article – Business Regulation
3 2–106.1.
4(a)     This section applies to the following occupational and professional licensing
5 boards:
6(3)    the State Board of [Examiners of] PROFESSIONAL Landscape
7 Architects established under Title 9 of the Business Occupations and Professions Article;
8 2–108.
9(a)     The following units are in the Department:
10(17)   the State Board of [Examiners of] PROFESSIONAL Landscape
11 Architects.
12Article – Courts and Judicial Proceedings
13 3–2C–01.
14(c)     “Licensed professional” means:
15(3)   A PROFESSIONAL landscape architect licensed under Title 9 of the
16 Business Occupations and Professions Article;
17Article – Environment
18 4–308.
19(a)    Anne Arundel County or the City of Annapolis may issue a grading or building
20 permit within the Severn River Watershed only after the developer submits a plan of
21 development approved by the soil conservation district. If the development plan contains
22 any septic or private sewer facility, the Department of the Environment shall approve it
23 only if the facility will not contribute in any way to pollution of the Severn River. The
24 developer shall submit a certificate from a professional engineer, a professional land
25 surveyor, or a [licensed] PROFESSIONAL landscape architect stating that the developer’s
26 plan to control silt and erosion is adequate to contain the silt and erosion on the property
27 covered by the plan. Also, the developer shall submit another certificate stating that any
28 construction or development will be done according to the plan. A subdivision developer
29 shall obtain approval of the plan at the time of approving and recording of the subdivision
30 plat. In addition to any other penalty provided in this subtitle, if a developer violates his
31 certificate, then every permit issued pursuant to the certificate is void.
32Article – Natural Resources
20SENATE BILL 256
1 5–1604.
2(a)     Except as provided in subsection (b)(2) and (3) of this section, after December
3 31, 1992, or after the date on which a local program has been adopted under § 5–1603 of
4 this subtitle, whichever occurs first, a person making application for subdivision or grading
5 or sediment control permits on areas greater than 40,000 square feet shall submit a forest
6 stand delineation for the entire site prepared by a licensed forester, [licensed]
7 PROFESSIONAL landscape architect, or other qualified professionals that may be approved
8 by the State or a local authority in the manner required by the approved program.
9 5–1605.
10(b)   The forest conservation plan shall be developed by a licensed forester,
11 [licensed] PROFESSIONAL landscape architect, or other qualified professionals that may
12 be approved by the State or a local authority.
13Article – Public Utilities
14 12–101.
15(a)    In this subtitle the following words have the meanings indicated.
16(i)   “Designer” means a licensed architect, professional engineer, professional
17 land surveyor, or [licensed] PROFESSIONAL landscape architect, as those terms are
18 defined in the Business Occupations and Professions Article, who prepares a drawing for a
19 project that may require excavation or demolition.
20Article – State Government
21 8–403.
22This subtitle applies only to the following governmental activities and units:
23(34) Landscape Architects, State Board of [Examiners of] PROFESSIONAL
24 (§ 9–201 of the Business Occupations and Professions Article);
25SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
26 October 1, 2026.