Protecting the Public: The Regulation of Landscape Architecture

www.asla.org
Protecting the Public
The Regulation of Landscape Architecture,
INASLA’s Battle With Misconception,
and the Allure of Small Government
www.asla.org

www.asla.orgwww.asla.org
IMPACT OF LICENSURE MEANS AN
IMPACT TO LANDSCAPE ARCHITECTS:
JOBS, BUSINESSES, SALARIES,
COMPETITION, TYPES OF WORK, BRAIN
DRAIN, WORKING IN AND OUT OF THE
STATE, AVAILABLE INSURANCE, LEGAL
PROTECTION, ATTRACT STUDENTS AND
PROFESSORS, SUCCESS OF UNIVERSITIES,
RECIPROCITY, LOST WAGES IMPACT TO THE
PUBLIC: HEALTH, SAFETY, WELFARE,
PHYSICAL HARM, FINANCIAL HARM,
PROPERTY DAMAGE, SUCCESS OF CITIES,
SUCCESS OF SMALL BUSINESS, GREATER
BURDEN ON OTHER DESIGN
PROTECTING THE PUBLIC

www.asla.org
Indiana’s
Job
Creation
Committee
Timeline
www.asla.org
EARLY 2014: JCC REVIEWS ALL IN
LICENSES
OCT 2014: JOINT BOARD PRESENTATION
WITH AIA
(POSITIVE PRESENTATION AND
RECEPTION)
JAN 2014: EARLY RECOMMENDATION OF
NO CHANGE TO LICENSE OR BOARD
JUNE 02, 2015: QUESTIONS RAISED ABOUT
PATHS TO LICENSURE AND PUBLIC HSW
JUNE 17, 2015: RECOMMENDATION MADE
TO DEREGULATE LANDSCAPE
ARCHITECTURE AND ENGINEERING -
TABLED PENDING INPUT FROM
UNIVERSITIES
JULY 01, 2015: ANNUAL REPORT NOTESPROTECTING THE PUBLIC

www.asla.org
Indiana’s
Job
Creation
Committee
Timeline
www.asla.org
WAIT - THEY RECOMMENDED
DEREGULATING LANDSCAPE
ARCHITECTURE, SURVEYORS,
AND ENGINEERING?!
TELL ME MORE ABOUT
HOW THIS CREATES
JOBS… PROTECTING THE PUBLIC

www.asla.org
The Issue
With Using
the Seal
www.asla.org
BROAD DEFINITION OF THE PROFESSION:
WHAT DO WE DO AND THE CONFUSION IT
CREATES
WHO CAN STAMP PLANS AND WHY:
LANDSCAPE ARCHITECTS LEFT OUT OF
DESIGN PROFESSIONALS DEFINITION
SUBMITTING PLANS FOR REVIEW : FINDING
WORK AROUNDS, INSTEAD OF LONG TERM
SOLUTIONS

www.asla.org
The Path to Licensure
Title Act of a Practice Act
Indiana Process of State Regulation
Existing Licensure Law
The Role of Past Efforts in Solving Current Issues
www.asla.org PROTECTING THE PUBLIC

Indiana
From Title to Practice Act
1998 - 2000
GREEN SINCE 1899www.asla.org

Triggers to move from Title to Practice
Site plans were being rejected by State Building Commissioner (now
Homeland Security)
Need to update standards for professional competency
Desire to be consistent with national standards and licensing exam
Desire to update definition of LA services consistent with LA practice

Two-Year Process
First bill in 1999 – received a hearing but not voted out of committee
Legislature requested that the LA and Engineering communities work
together to resolve their issues

Issues centered on Scope of Services
Bogged down on meaning of “design”
Engineers: design means production of construction documents
LA’s: design means “design process” as defined by AIA documents

Original Bill definition
Landscape Architect means a person who:
1) Is qualified to practice landscape architecture by:
a) Reason of special knowledge;
b) Use of biological, physical, mathematical and social sciences;
and
c) Use of principles and methods of analysis and design of the
land
2) Has demonstrated knowledge and ability in the qualificstions
described above; and
3) Has been duly licensed as a landscape architect by the board on
the basis of professional education; examination; experience in
landscape architecture

As used in this chapter, “landscape architecture means acts constituting the
practice of professional services to safeguard the life, health or property of
the public through consultation, investigation, analysis and assessment,
reconnaissance, research, planning, design preparation of drawings,
construction documents, and specifications and responsible construction
observation of the use, allocation and arrange of land and water resources.
Professional service may include the following:
1) Formulation of graphic and written criteria to direct the planning and
design of land and water development programs and natural resource
conservation including the preparation and analysis of mater, site,
subdivision, park, wetland, and conceptual land development plans;
2) Feasibility and site selection studies, reports, infrastructure
requirements, stormwater management planning, and reports for
development and natural resource conservation

3) Integration, site analysis and determination of the settings, grounds and
location of buildings and structures, transportation systems and
environmental systems.
4) Analysis, design, preparation of construction documents and responsible
construction observation associated with site improvements such as:
a) pedestrian, bicycle, and low speed vehicular circulation systemsn and
surfaces;
b) Minor accessory structures;
c) Planting plans;
d) Site irrigation; and,
e) Location of site utilities

5) Analysis, design, preparation of construction documents and
responsible construction observation associated with site
improvements such as:
1) Grading and drainage systems; and
2) Systems for erosion and sediment control
6) Design, analysis and remediation recommendations regarding inherent
problems of the land, water and natural resources relating to erosion,
overuse, blight or other directly associated hazards.
7) Land and natural resource preservation, restoration, conservation,
management and development
8) Design coordination and review of the technical submissions, plans and
construction documents prepared by other design professional working
under the direction of the landscape architect where the landscape
architect is the coordinating design professional

Also added:
The state and all of the state’s political subdivisions shall:
1) Accept the stamp of a landscape architect when the landscape
architect is submitting plans for approval within the realm of
landscape architecture practice
2) Allow the engagement of a landscape architect for work within the
realm of landscape architecture practice

This definition of LA Services was not acceptable to
the Engineers
Reverted to original language in order to achieve a practice act

TODAY
• Don’t worry about definition – we have a practice act
• Work on getting 5 most important jurisdictions to accept LA’s a
project leads
• Be a consistent presence at the legislature speaking about issues
important to LA’s

www.asla.org
Regulation of Landscape Architecture
Background of the Publication And Its Use
Regulation of the Design Professionals
Evidence of Harm
Evaluation of the Need For Regulation
Analysis of Forms of Regulation

www.asla.org
Improperly, Inadequate, Unsafe, Inappropriate, Errors and
Negligence!

www.asla.org
Health
Safety
And
Welfare

www.asla.org
The Black’s Law
definition expands
the meaning of
public welfare by
listing six
components. Each
of these resonates
with the goals and
practice of
landscape
architecture.

www.asla.org
Warning:
NO
PICTURE
S!

www.asla.org
How many ways can I be sued?
Why is my liability insurance so
expensive?
Evidence of Harm !

www.asla.org
“Physical injuries, for example have resulted from poor design of outdoor
lighting, playgrounds, plantings, parking lots, streetscape, outdoor stairs,
decks, walls, earthwork, drainage features, recreational facilities, fencing and
many other aspects of landscape architectural design.” p.4
Landscape Architecture:
Design of outdoor lighting, playgrounds, plantings, parking lots, streetscape,
outdoor stairs, decks, walls, earthwork, drainage features, recreational facilities,
fencing and many other aspects of landscape.

Click to edit Master subtitle stylewww.asla.org PROTECTING THE PUBLIC

www.asla.org
YES!

www.asla.org
We’ve been misunderstood, and we continue to be misunderstood.
Despite all evidence to the contrary

www.asla.org
ASLA
Committee on
Education
STEM Initiative
Landscape
Architecture
Is a STEM Discipline
Malcolm Cairns, FASLA
Sean Rotar, ASLA

www.asla.org
Premise: We’re falling behind and need to support/promote initiatives

www.asla.org
Diverse Issue, and one which is widely embraced

www.asla.org
START EARLY

www.asla.org
AND KEEP UP THE
SUPPORT

www.asla.org
THE ENGINEERS GET IT!

www.asla.org
When I grow up I want to be
a………………………………..?

www.asla.org
 The Big Picture
 The world is facing growing challenges of explosive population growth, placing pressure on food systems,
sustainability, transport, infrastructure and housing, while climate change affects water systems, plant and animal
life.
 Landscape architects are uniquely placed to meet these challenges head on.
 They work with the natural environment and not against it, balancing natural and man-made systems and
processes. They green our towns and cities, using natural systems to capture carbon emissions, create and
enhance beautiful public spaces and parks. They conserve wildlife habitats, support the development of renewable
energy projects, and help reduce flood risk to homes and businesses across the country.
 A career in landscape architecture gives you the chance to work across housing, health, green infrastructure and
water management and to create more liveable cities. Explore each of these areas to see what types of challenges
landscape architects face:

 Green Infrastructure

 Public Health and Landscape
 Housing
 Water
Be a Landscape
Architect!

www.asla.org
But we’re
not on the
STEM LIST!

www.asla.org
Curriculum The Landscape Architecture curriculum includes
coverage of:
a) landscape architectural history and theory
b) natural and cultural systems
c) design theories, methodologies and applications
d) landscape planning and management at various scales and
applications
e) site design and construction such as grading, drainage
and circulation
f) communication in written, verbal and visual applications
g) plants and ecosystems at various scales and situations
h) construction materials, methods, technologies and
applications
i) professional practice methods, values, and ethics
j) computing applications and other advanced technology
Degree
Accreditation
Standards
LAAB

www.asla.org
IN PRACTICE

www.asla.org
The Registration Exam

www.asla.org
In Scholarship and
Research

www.asla.org
Quantification and Assessment

www.asla.org
ASLA/COE Initiative to
have LAndscape
Architecture designated
as a STEM Discipline
Landscape
Architecture

www.asla.org
What List?

www.asla.org
You need us. We are of value. We keep you safe, facilitate healthy
living, and community.
Grading Plans
Erosion Control
Stormwater Management
Carbon sequestration
Light Pollution
Fire suppression
Therapeutic environments
Rising Sea Level
Rainwater Harvesting
Accessibility
Complete Streets
There is a quantifiable benefit.
And if we don’t do our jobs correctly
We can be held accountable.
The Registration of Landscape Architects has value, and is
important.

www.asla.org
Contemporary Licensure Battles
In Indiana And Around the US
Developing a Coalition and a Case
The Role of ASLA
INASLA Advocacy Calendar

THREAT TO LA LICENSE (SINCE 2008)
INCLUDES STATES WITH FUTURE SUNSET REVIEW EXPECTED

www.asla.org
Developing a
Coalition

www.asla.org
Developing a
Case
www.asla.org
THIS IS NOT ABOUT QUALITY OF
LIFE
IT DOESN’T REALLY MATTER WHAT
WE DO
• TO A POINT. SOME PERSPECTIVE IS
IMPORTANT
• DON’T NEED TO DEFINE ENTIRE SCOPE
OF THE PROFESSION IN THE CONTEXT
OF A LICENSURE BATTLE
WHAT MATTERS IS WHY WE HAVE A
LICENSE TO DO WHAT WE DO
• PROTECT PUBLIC HSW: EVIDENCE OF
HARM
• REMOVING BARRIERS TO COMPETITION
(WITH OTHER DESIGN PROFESSIONS:
NOT LANDSCAPERS)
• ECONOMICS: IMPACT TO FIRM AND
EMPLOYEES, IMPACT TO STATE

www.asla.org
INASLA
JCC
Response
Timeline
www.asla.org
JUNE 18: ESTABLISHED ADVISORY
COMMITTEE TO ADDRESS IMMEDIATE
CONCERNS AND PLOT COURSE OF ACTION
JUNE 22: LETTER SENT TO JCC BOARD
AND IPLA
JUNE 22: PUBLIC INFORMATION REQUEST
FILED FOR LICENSE HOLDERS
INFORMATION (DENIED AND SENT TO
BOARD WHO REQUESTED PAYMENT)
JUNE 24: MEMO RESPONSE RE: LETTER
INVITING INASLA AND OTHERS TO
PRESENT AT FUTURE JCC MEETING
JULY: LEGAL DEFENSE COMMITTEE
FORMED TO ADDRESS PRESENTATION AND
CONSIDER LOBBYIST
AUGUST 20: PRESENTATION TO JCC

www.asla.org
INASLA
Response
Timeline
www.asla.org
PRESENTATION:
 NO PPT, JUST PRE-AUTHORED
STATEMENTS
 CHAPTER OFFERS PERSPECTIVE
HIGHLIGHTING IMPACT TO PROFESSION
AND PUBLIC
 UNIVERSITIES (BSU AND PURDUE)
PRESENT IMPACT TO STUDENTS AND
PROGRAMS
 PROFESSIONALS PRESENT IMPACT TO
ABILITY TO PRACTICE
SUPPORTING DOCUMENTS
• “REGULATION OF LANDSCAPE
ARCHITECTURE”
• LETTERS OF SUPPORT: PUBLIC
OFFICIALS, ALLIED PROFESSIONS,
INSURANCE/RISK MANAGEMENT, LEGAL,
AND CLIENTS
• WHAT IS LANDSCAPE ARCHITECTURE
PUBLICATION

www.asla.org
INASLA
Response
Timeline
www.asla.org
PRESENTATION HIGHLIGHTS
 PHYSICAL INJURY, PROPERTY DAMAGE,
AND FINANCIAL HARM … OH MY!
 BURDEN TO STATE
 BRAIN DRAIN
 LOWER PAY (TO THE TUNE OF $10M
LESS WAGES PER YEAR BASED ON
AVERAGE SALARY)
 LEGALLY NOT ABLE TO DO THE SAME
WORK WITHOUT LICENSE (COMPETITIVE
ADVANTAGE TO LICENSED
PROFESSIONALS)
 LACK OF AVAILABLE INSURANCE = NO
WORK
 LACK OF WORK AND LACK OF $$ =
MIGRATION OF CREATIVE CLASS
SEGMENT FROM STATE
 SELF-CERTIFICATION IS NOT A
SUBSTITUTE FOR STATE REGULATION

www.asla.org
SUCCESSFUL
OUTCOME.
FOR NOW.

DEVELOPING NON PARTISAN
ARGUMENTS “MAKE ME
CARE”
 KEY PERFORMANCE INDICATORS
 ECONOMICS
 LA LICENSURE PROTECTS
PUBLIC HSW AND SCOPE OF
PRACTICE NECESSITATES IT
 LICENSURE PROMOTES
COMPETITION IN THE MARKET
PLACE
 LICENSURE BENEFITS PRIVATE
SECTOR (BRAIN GAIN, JOBS,
SALARY)
Revisiting
the Impacts

www.asla.org
The Role of
ASLA

www.asla.org
Advocacy
Calendar

www.asla.org
Conclusion

Protecting the Public: The Regulation of Landscape Architecture

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