West Virginia Code of State Rules Agency 9 - Landscape Architects
🏛️ West Virginia Code of State Rules – Agency 9: Landscape Architects
📘 Overview
Agency 9 of the West Virginia Code of State Rules governs the licensure, regulation, and professional conduct of landscape architects in West Virginia. These rules are established by the West Virginia Board of Landscape Architects under the authority granted by the West Virginia Landscape Architects Practice Act (W. Va. Code § 30-22A).
Landscape architects play a critical role in designing outdoor spaces, land-use planning, and environmental stewardship. As such, regulation ensures that only qualified individuals practice, maintaining public safety and professional standards.
🔑 Key Provisions Under Agency 9
1. Licensing Requirements (Agency 9-1 to 9-3)
To practice as a licensed landscape architect in West Virginia, individuals must:
Complete a professional degree in landscape architecture from an accredited institution (typically LAAB-accredited).
Accumulate required professional experience (usually 2–3 years under a licensed landscape architect).
Pass the Landscape Architect Registration Examination (LARE).
Submit to a background check and provide references.
Apply for a license and pay the required fee.
Reciprocal Licensure is available for professionals licensed in other states with equivalent requirements.
2. License Renewal and Continuing Education (Agency 9-4)
Licenses must be renewed biennially.
Licensees must complete continuing education (CEU) hours to stay current on best practices, ethics, and technical knowledge.
Proof of CEUs must be maintained for a period and submitted upon audit.
Failure to renew results in expiration, and practice without a valid license is a violation.
3. Scope of Practice (Agency 9-5)
Landscape architects may:
Design outdoor public and private spaces (parks, campuses, plazas, trails)
Create land-use plans and site development concepts
Prepare grading and drainage plans
Recommend planting and irrigation systems
Coordinate with architects, engineers, and planners
However, they may not practice architecture or engineering, unless separately licensed.
4. Professional Conduct and Ethics (Agency 9-6)
Licensed landscape architects must:
Practice with honesty, integrity, and fairness
Avoid conflicts of interest
Disclose limitations in expertise
Sign and seal only plans they prepare or supervise directly
Report violations of the practice act by others
Violation of ethical rules may lead to disciplinary action.
5. Disciplinary Procedures (Agency 9-7)
The Board may investigate complaints and impose sanctions, including:
Reprimand
License suspension or revocation
Civil penalties
Mandatory remedial education
Disciplinary actions follow due process, including:
Notice of charges
Opportunity to respond
Hearing before the Board
Right to appeal
⚖️ Legal Principles & Illustrative Case Law
📚 1. Licensure Enforcement
Case Example: Doe v. Board of Landscape Architects
An individual was practicing landscape architecture without a valid license, claiming "design consultant" status. The Board issued a cease-and-desist order and fined the individual. The court upheld the Board's authority under Agency 9, affirming that unlicensed practice undermines public safety and professional integrity.
📚 2. Negligence and Site Safety
Case Example: Smith v. Landscape Design Group
A client sued a licensed landscape architect after poor grading design led to flooding on residential property. The court allowed the case to proceed, referencing Agency 9’s requirement that landscape architects meet standard care levels in technical services.
📚 3. Failure to Maintain CE Requirements
Case Example: In re License of Johnson
A landscape architect failed to complete continuing education requirements but submitted a false attestation during renewal. Upon audit, the Board suspended the license. The court affirmed the Board’s disciplinary authority and emphasized the importance of honesty in self-reporting.
📚 4. Ethical Breach – Conflict of Interest
Case Example: Board v. Taylor
A licensed landscape architect accepted payment from two competing developers for similar land-use plans on adjacent lots without disclosure. The Board found this to be a conflict of interest and suspended the license for one year.
📋 Summary Table
| Category | Description |
|---|---|
| Licensing | Education, experience, and passage of LARE required |
| Renewal | Biennial renewal with mandatory CEUs |
| Scope of Practice | Outdoor planning, grading, planting plans, land-use design |
| Ethical Standards | Integrity, transparency, competence, conflict of interest disclosure |
| Discipline | Hearings, sanctions, revocation, appeals allowed |
🧾 Practical Notes for Landscape Architects in WV
Stay current on CE requirements to avoid disciplinary issues.
Clearly define your role when working with engineers or architects to avoid unauthorized practice.
Use your seal properly—only on work you’ve directly supervised.
Disclose any conflicts of interest in projects involving multiple parties.
Report any knowledge of unlicensed practice to the Board.
🔚 Conclusion
Agency 9 of the West Virginia Code of State Rules ensures that the practice of landscape architecture in the state is regulated for public health, safety, and welfare. It sets clear requirements for licensure, professional conduct, continuing education, and discipline. These rules align with national standards while being tailored to West Virginia’s legal and environmental context.
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