South Dakota Landscaping Licensing Law

South Dakota Code · 22 sections

The following is the full text of South Dakota’s landscaping licensing law statutes as published in the South Dakota Code. For the official version, see the South Dakota Legislature.

SDCL § 36-18A-1

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36-18A-1. Definition of terms.

Terms used in this chapter mean:

(1) "Alteration," for the purpose of determining exemptions, any remodeling, renovation, or reconstruction to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code;

(2) "Architect," any person licensed in good standing and legally authorized to practice architecture in this state;

(3) "Architectural intern," any person who has successfully completed an accredited education program in architecture acceptable to the board and is enrolled in the intern development program administered by the National Council of Architectural Registration Boards;

(4) "Board," the Board of Technical Professions;

(5) "Building," any structure used or intended to support or shelter any occupancy;

(6) "Building or floor area," the sum of the areas of all of the floors of a building, including basements, mezzanine, and intermediate tiers, and penthouses of headroom height, measured from the exterior faces of exterior walls or from the center line of the wall separating buildings. The building area does not include such features as pipe trenches, exterior terraces or steps, chimneys, vent shafts, courts, and roof overhangs. The floor area of enlargements shall be added to the existing building area. A fire or area separation wall is not an exterior wall for the purposes of this definition;

(7) "Building official," the officer or other designated authority charged with the administration and enforcement of the adopted code;

(8) "Business entity," any corporation, partnership, limited liability corporation, limited liability partnership, or sole proprietorship that practices or offers to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services to the public through its licensed personnel who are either employees, officers, directors, partners, members, managers, or owners and that have been issued a certificate of authorization by the board;

(9) "Construction administration," the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship, and the site observation of construction, by a licensed professional, for the purpose of determining whether the work is in general accordance with the construction contract documents. Shop drawing review, coordination of a construction project among the owner, architect, engineer, contractor, and subcontractors, and inspection of construction by contractors, subcontractors, owner's agents, building officials, or other unlicensed professionals does not constitute construction administration;

(10) "Corrective action," an action taken to minimize, contain, eliminate, remediate, mitigate, or clean up a petroleum release, excluding removal of a petroleum tank

SDCL § 36-18A-22

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36-18A-22. Board to promulgate rules--Scope of rules--Existing rules remain in effect.

The board shall, pursuant to chapter 1-26, promulgate rules that may be reasonably necessary for the performance of its duties, the regulation of proceedings before it, and the licensure of the professions it regulates. The existing rules promulgated under the previous chapter 36-18 remain in effect until replaced. The board shall promulgate rules, pursuant to chapter 1-26, for the licensure of professional engineers, architects, land surveyors, landscape architects, and petroleum release assessors and remediators in the following areas:

(1) Forms such as applications, renewals, licenses or certificates, and receipts for applicants, licensed professionals, and business entities;

(2) Fees for applications, examinations, renewals, late penalties, lists and labels of licensees, returned checks, reinstatement, inactive status, ability to allow a vendor to collect fees for examinations, waiver of fees;

(3) Criteria for types of education degrees, approval of accredited programs, intern programs, type of experience, length of experience, national and state specific examinations, use of computer examinations, criteria from other countries, procedure to evaluate foreign degrees, eligibility of applicants, dual licenses;

(4) Continuing professional education and development content, hours, carryovers, and requirements;

(5) How, when, and where to seal plans and documents; type of seal; required services to be provided; and criteria to define complete plans, minimum standards of practice, and guidelines;

(6) Description of and criteria for construction administration, including a designation of who is to perform construction administration and criteria for a prime professional or a coordinating professional;

(7) Requirements for compliance with local building code; and

(8) The adoption of a code of professional conduct.

Source: SL 1999, ch 195, § 22; SL 2007, ch 219, § 10; SL 2021, ch 168, § 25.

SDCL 36-18A-3

For the purposes of this chapter, the term, practice of engineering, means the practice or offering to practice of any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work. Such service or work includes consultation; investigation; evaluation; planning; design; and design coordination of engineering works and systems; planning the use of land and water; land-use studies; teaching of advanced engineering design subjects; performing engineering studies; and the review or observation of construction for the purpose to determine whether the work is in general accordance with drawings, specifications, and other technical submissions. Any such service or work, either public or private, may be in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as are necessary to the planning, progress, and completion of any engineering services.

For the purposes of this section, the term, design coordination, includes the review and coordination of those technical submissions prepared by others, including consulting engineers, architects, landscape architects, land surveyors, and other professionals working under the direction of the engineer. The term, engineering studies, includes all activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineered projects, but excludes the surveying of real property for the establishment of land boundaries, rights-of-way, easement exhibits relating to land boundaries, and the dependent or independent surveys or resurveys of the public land survey system.

A person is construed to practice or offer to practice engineering if the person practices any branch of the profession of engineering, if the person, by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a professional engineer, or if the person through the use of some other title implies that the person is a professional engineer or that the person is licensed under these provisions, or if the person holds himself or herself out as able to perform or does perform any engineering service or work or any other service designated by the practitioner which is recognized as engineering.

SDCL 36-18A-30

Any applicant for licensure as a landscape architect shall provide the following evidence satisfactory to the board:

(1) Graduation from an accredited program of landscape architecture;

(2) Completion of a council record from the Council of Landscape Architectural Registration Boards; and

(3) Successful completion of examinations.

The board may qualify an applicant who holds a certification issued by the Council of Landscape Architectural Registration Boards in lieu of the qualifications listed in this section. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.

SDCL 36-18A-32

The board may require the applicant to appear for an oral interview if there are questions as to the depth, extent, and quality of any experience. Failure to supply additional evidence or information within thirty days from the date of a written request from the board, or failure to appear before the board if an appearance is requested, may be considered cause for disciplinary action or disapproval of an application. The board shall interpret qualifying experience and education according to the following:

(1) Qualifying experience is diversified, general practice experience of a progressive degree of difficulty, magnitude, and responsibility under proper professional guidance and supervision of licensed persons;

(2) For partially completed work in accredited or approved degree granting curriculums, education credit of three-fourths of a year may be allowed for each thirty semester hours of study. For work in vocational or trade schools, education credit of one-half of a year may be allowed for each thirty semester hours of study;

(3) Education from foreign schools shall be evaluated with accredited programs in the United States, and experience in foreign employment under licensed persons shall be evaluated by the board;

(4) Qualifying experience under proper professional guidance and supervision of licensed persons gained in work experience with governmental agencies, the military, construction, sales, and industry requiring the application of skills normally taught in the schools of engineering, science, architecture, or land surveying may be evaluated by the board. The board shall give credit for experience as warranted;

(5) Teaching at the junior year level and above of engineering, science, architectural, landscape architectural, and land surveying courses in accredited or approved curriculums is acceptable experience for a maximum of one year.

SDCL 36-18A-35

The board may give comity consideration to any person who holds a current and valid license issued to that person for active practice by the proper authority in any state or territory of the United States, the District of Columbia, or any foreign country, based on requirements that do not conflict with the provisions of this chapter and are of a standard not lower than that specified in the applicable licensure act in effect in this state at the time the license was issued. The board may consider qualifying experience gained after initial licensure for the required years of experience. An applicant is required to take any examinations the board considers necessary to determine the applicant's competency. A comity applicant for landscape architecture shall hold a current and valid certification from the Council of Landscape Architectural Registration Boards to be eligible for comity licensure. The board shall promulgate rules, pursuant to chapter 1-26, to set the application fee for licensure by comity. The fee may not exceed two hundred dollars.

SDCL 36-18A-38

The recipient of a license issued under this chapter may practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation and use the appropriate title professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator. A licensee may use a title either with or without prefixing the word, licensed or registered. No licensee may practice a profession or use a title unless the license specifically permits such practice and usage. An unrevoked and unexpired license issued as provided in this chapter is presumptive evidence in all courts and places that the person named is legally licensed.

SDCL 36-18A-39

A license expires two years after the date of issuance and becomes invalid on that date unless renewed by that date. Any professional engineer, architect, land surveyor, landscape architect, or petroleum release assessor or remediator licensed under this chapter who desires to continue to practice or offer to practice the licensee's profession shall:

(1) Pay the renewal fee, not to exceed two hundred dollars, established by the board in rules promulgated pursuant to chapter 1-26; and

(2) Successfully complete all continuing professional development requirements established by the board or make a showing of good cause why the licensee was unable to comply with such requirements.

The board shall promulgate rules, pursuant to chapter 1-26, to establish continuing professional education and development criteria.

SDCL 36-18A-44

Any licensed professional engineer, architect, land surveyor, and landscape architect shall use an appropriate seal. The seal shall contain the following information:

(1) The name, South Dakota;

(2) Licensee's name;

(3) License number; and

(4) The appropriate title or combination of titles: Professional Engineer, Architect, Land Surveyor, Landscape Architect.

The seal shall be legible and shall have an outer circle with a diameter measuring at least one inch and no greater than two inches and an inner circle with a diameter measuring five-eighths of the diameter of the outer circle. Titles may be prefixed with the words, Licensed or Registered. The seal may be an embossed seal, a rubber stamp, a computer-generated seal, or other facsimile found acceptable to the board. The licensee's signature and the date shall be adjacent to or across the seal. Petroleum release assessors and remediators, or interns, may not use a seal.

SDCL 36-18A-47

Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services shall have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services. No licensee who renders occasional, part-time, or consulting services to or for an office may be designated as the appropriately licensed person in responsible charge for the professional activities of the office unless a schedule is posted at the office for the public's knowledge and filed with and approved by the board stating when the licensee is physically in the office.

SDCL 36-18A-48

Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization. A business entity is responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers in respect to any engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services performed or to be executed in this state. No person is relieved of the responsibility for that person's conduct or acts performed by reason of that person's employment by or relationship with a business entity. A licensee who renders occasional, part-time, or consulting services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.

SDCL 36-18A-49

A business entity or office desiring a certificate of authorization or renewal shall file a written application with the board which shall contain the following:

(1) The names, license numbers, and profession of all employees or sole proprietors of the business entity or office who are duly licensed to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state and who are or will be in responsible charge of any professional services in this state by the business entity or office;

(2) A statement from the business entity that the board office will be notified in writing within thirty days after the effective date of any change;

(3) A statement by a licensed person who works for the business entity or office that the business entity or office will not permit the performance of any professional service, as defined in this chapter, by any person of the business entity or office unless the person is licensed under this chapter; and

(4) All other information the board may deem necessary as promulgated by rule pursuant to chapter 1-26.

SDCL 36-18A-5

For the purposes of this chapter, the term, practice of landscape architecture, means the practice or offering to practice landscape architecture projects, including preparing preliminary studies, providing land-use studies, developing design concepts, planning for the relationships of physical improvements and intended uses of the site, establishing form and aesthetic elements, analyzing and providing for life safety requirements, developing those construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer or architect, preparing and coordinating technical submissions, and conducting site observation of landscape architecture projects.

Landscape architecture, for the purposes of landscape preservation, development, and enhancement, includes: investigation, selection, and allocation of land and water resources for appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.

SDCL 36-18A-54

The board shall inquire into the identity of any person alleged to be engaging in the unlawful practice of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation. The board shall investigate alleged violations of the provisions of this chapter, and report to the proper state's attorney or the attorney general any person or case that in the judgment of the board warrants prosecution. The attorney general or the several state's attorneys may prosecute violations of this chapter in the name or on behalf of the board.

SDCL 36-18A-65

No person may:

(1) Practice, or offer to practice, the professions of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state without being licensed or exempt in accordance with the provisions of this chapter;

(2) Use or employ the title of architect, landscape architect, land surveyor, professional engineer, petroleum release assessor, or petroleum release remediator with or without qualifying adjectives without being licensed in accordance with the provisions of this chapter;

(3) Use any other words, letters, or figures indicating or intending to imply that the person is a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator without being licensed in accordance with the provision of this chapter;

(4) Present or attempt to use the certificate of licensure or seal of another, or affix a professional engineer's, architect's, land surveyor's, or landscape architect's seal on any plans, specifications, drawings, or other technical submittals which have not been prepared by that person or under that person's responsible charge and direct personal supervision;

(5) Present any false or forged evidence of any kind to the board in obtaining a certificate of licensure;

(6) Falsely impersonate any other licensee;

(7) Attempt to use an expired, suspended, or revoked license;

(8) Knowingly allow person's name or seal to be used upon plans or work not actually performed by that person or under that person's responsible charge and direct supervision; or

(9) By act of commission or omission, violate any of the provisions of this chapter.

A violation of this section is a Class 2 misdemeanor.

SDCL 36-18A-68

A professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator is not liable for the safety of persons or property on or about a construction project site, or for the construction techniques, procedures, sequences, and schedules, or for the conduct, action, errors, or omissions of any construction contractor, subcontractor, construction manager, or material supplier, their agents or employees, unless that person assumes responsibility therefor by contract or by that person's actual conduct. This section does not relieve a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator from liability for that person's negligence in design work.

SDCL 36-18A-69

Any contract, written or oral, for engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services made by any person in violation of any provision of this chapter is unenforceable as to such services. It is a complete defense to any action to enforce payment for any services, if the party contracting for services proves that the person rendering or offering to render services was not at the time such services were offered or rendered, legally authorized to contract for such services.

SDCL 36-18A-8

Any person or business entity practicing or offering to practice architecture, engineering, land surveying, landscape architecture, or petroleum release assessment or remediation shall submit evidence of qualifications to the board and be licensed in accordance with the provisions of this chapter. No person or business entity may practice or offer to practice any of these professions, or to use in connection with that person's or business entity's name or otherwise assume, use, or advertise any title or description that may falsely convey the impression that the person is duly licensed under the provisions of this chapter unless the person is so licensed.

SDCL 36-18A-9

This chapter does not apply to:

(1) Any person engaged in military engineering while rendering service exclusively for any of the armed forces of the United States or this state;

(2) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the United States government but only while exclusively engaged as a United States government employee on such government project or projects which lie within federally-owned land;

(3) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the state and any of its political subdivisions but only while rendering service exclusively to such employer. Any building project resulting from the practice of engineering, architecture, landscape architecture, or land surveying under this subdivision is subject to the size limitation imposed under the exemptions in subdivision (8) of this section;

(4) Any employee who prepares technical submissions or administers construction contracts for a person or organization lawfully engaged in the practice of engineering, architecture, landscape architecture, or land surveying, if the employee is under the direct supervision of a registered professional engineer, architect, landscape architect, or land surveyor;

(5) Any full-time employee of a corporation, partnership, firm, business entity, or public utility while exclusively doing work for the corporation, partnership, firm, business entity, or public utility, if the work performed is in connection with the property, products, and services utilized by the employer and not for any corporation, partnership, firm, or business entity practicing or offering to practice architectural, engineering, landscape architecture, or land surveying services to the public. The provisions of this subdivision do not apply to any building or structure if the primary use is occupancy by the public;

(6) Any person engaged in the preparation of plans and specifications for the erection, enlargement, or alteration of any of the following buildings:

(a) Any dwelling for a single family, and any outbuilding in connection therewith, such as a barn or private garage;

(b) Any two, three, or four family dwelling;

(c) Any five to sixteen family dwelling, inclusive, located in a governmental subdivision of this state which provides a detailed building code review of building projects by a building inspection department which is a governmental member of the International Code Council (ICC) or an ICC certified plans examiner;

(d) Any farm or ranch building or accessory thereto except any building regularly used for public purposes; or

(e) Any temporary building or shed used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters;

(7) Any person who prepares detailed or shop plans required to be furnished by a contractor to a registered professional engineer or architect, and any construction superintendent supervising the execution of work designed by an architect or professional engineer registered in accordance with this chapter;

(8) Any person engaged in the preparation of plans and specifications for the new construction, the enlargement or the alteration of any of the following buildings:

(a) Any building occupied as a hospital, hotel, motel, restaurant, library, medical office, nursing facility, assisted living facility, jail, retirement home, or mortuary, if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet or less;

(b) Any building occupied as an auditorium, church, school, or theater if the gross square footage of the new construction, the enlargement, or the alteration is five thousand square feet or less;

(c) Any building occupied as a bowling alley, office, shopping center, bank, fire station, service station, or store if the gross square footage of the new construction, the enlargement, or the alteration is seven thousand square feet or less;

(d) Any building occupied as an industrial plant or public garage if the gross square footage of the new construction, the enlargement, or the alteration is eleven thousand square feet or less;

(e) Any building occupied as a warehouse if the gross square footage of the new construction, the enlargement, or the alteration is twenty thousand square feet or less;

(f) Any building with an occupancy other than those listed in subsections (a) to (e), inclusive, of this subdivision if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet of less; or

(g) Any preengineered or predesigned building, or any preengineered or predesigned building with a predesigned system, designed for the intended use of that building, including building structure, electrical, plumbing, and mechanical systems, if the buildings and systems are supplied directly, or indirectly, by a company engaged in the business of designing and supply such buildings and systems and if the company has in its employ one or more engineers or architects licensed in South Dakota, who prepare all designs for such buildings and systems.

No person exempted may use the title of professional engineer, architect, landscape architect, or land surveyor, or any other word, words, letters, or signs in connection with the person's name that may falsely convey the impression that the person is a licensed professional engineer, architect, landscape architect, or land surveyor.

SDCL 36-25-14

The State Plumbing Commission shall administer the provisions of this chapter and may, in compliance with chapter 1-26, promulgate rules establishing the educational, training, and examination requirements required of applicants for a plumbing contractor's license, plumber's license, plumber's apprentice license, water conditioning plumbing contractor's license, water conditioning plumbing installer's license, water conditioning plumbing apprentice license, appliance plumbing contractor's license, appliance plumbing installer's license, appliance plumbing apprentice license, sewer and water plumbing contractor's license, sewer and water plumbing installer's license, sewer and water plumbing apprentice license, manufactured and mobile home contractor's license, manufactured and mobile home installer's license, manufactured and mobile home apprentice license, underground irrigation contractor's license, underground irrigation installer's license, underground irrigation installer apprentice license, and individual and small on-site wastewater system installer license.

SDCL 36-25-19

A person may apply for a license required by this chapter to the commission, accompanied by an initial application fee established by the commission under this section. The commission shall license a person who satisfactorily passes an examination showing fitness to practice the person's trade.

The commission shall promulgate rules, in accordance with chapter 1-26, to establish initial application fees, examination and reexamination fees, license and renewal of license fees, and license verification fees for the following licenses:

(1) Appliance contractor;

(2) Appliance installer;

(3) Individual and small on-site wastewater system installer;

(4) Manufactured and mobile home contractor;

(5) Manufactured and mobile home installer;

(6) Plumber;

(7) Plumbing contractor;

(8) Sewer and water contractor;

(9) Sewer and water installer;

(10) Underground irrigation contractor;

(11) Underground irrigation installer;

(12) Water conditioning contractor; and

(13) Water conditioning installer.

No fee established under this section for an initial application may exceed sixty dollars. No fee established under this section for license verification may exceed thirty dollars. No fee established under this section for an examination or reexamination may exceed one hundred dollars. No fee established under this section for a license or renewal of license may exceed three hundred dollars.

SDCL 36-25-19.4

A license issued under § 36-25-19 expires annually on the following dates:

(1) For a plumbing contractor or plumber, December thirty-first; and

(2) For a water conditioning contractor, water conditioning installer, appliance contractor, appliance installer, sewer and water contractor, sewer and water installer, manufactured and mobile home contractor, manufactured and mobile home installer, underground irrigation contractor, underground irrigation installer, or individual and small on-site wastewater system installer; June thirtieth.

An expired license may be renewed no later than six months following the date of expiration.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)