81-8,206. Persons exempt from act.

(1) The Professional Landscape Architects Act shall not apply to:

(a) Any employee of a professional landscape architect who performs landscape architecture services under the direction and supervision of the professional landscape architect. Such services do not include responsible charge of design or the administration of construction contracts;

(b) Any employee who performs landscape architecture services for his or her employer when all such services are completed for a facility owned or operated by the employer and when such services are not offered to the public and do not endanger the public health, safety, or welfare;

(c) The practice by a qualified member of another legally recognized profession who is otherwise licensed or certified by this state to perform services consistent with the laws of this state and the training and the code of ethics of the respective profession if such qualified member does not represent himself or herself to be a professional landscape architect; or

(d) Any person who seeks advice or help of any other person in planning, planting, or maintaining the planting or conservation work on any property he or she owns or controls or who does such things himself or herself.

(2) The Professional Landscape Architects Act shall not prohibit or require compliance with the act for any person who engages in the professional occupation of city, county, or city-county planning or a planning-related occupation to undertake the activities described in subdivisions (5)(a) through (f) of section 81-8,184, so long as such person does not use the title of landscape architect or professional landscape architect.

(3) The Professional Landscape Architects Act does not prohibit any person, officer, agent, or employee of any business entity with experience and qualifications from engaging in the occupation of growing or marketing nursery stock or to use the title landscape nurseryperson, landscape gardener, landscape designer, landscape contractor, or land developer, so long as no individual engages in the practice of landscape architecture or uses the title landscape architect or professional landscape architect unless he or she is licensed as such under the Professional Landscape Architects Act.

(4) The Professional Landscape Architects Act does not prevent a vendor of goods, services, real estate, or materials, including nurserypersons, landscape nurserypersons, gardeners, landscape gardeners, landscape designers, general contractors registered under the Contractor Registration Act, landscape contractors, land developers, golf course architects, or golf course designers from providing drawings or graphic diagrams that are necessary for the proper layout or development of the vendor's goods, services, real estate, or materials for public or private land or arranging for the installation of the goods or materials. The Professional Landscape Architects Act also does not prevent a landscape designer or any person or firm registered under the Contractor Registration Act from engaging in, for a fee, the design of spaces utilizing plant materials and ancillary paving and building materials or arranging for or engaging in the installation of the materials.

Source:Laws 1967, c. 565, § 23, p. 1866; Laws 1971, LB 98, § 7; Laws 1997, LB 622, § 119; Laws 2012, LB1140, § 24; Laws 2020, LB30, § 18.

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