New Mexico Landscaping Licensing Law
New Mexico Code · 17 sections
The following is the full text of New Mexico’s landscaping licensing law statutes as published in the New Mexico Code. For the official version, see the New Mexico Legislature.
N.M. Stat. Ann. § 61-18A-4
A. The director shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce those rules as are reasonable or necessary for the examination and licensing of collection agencies, repossessors, managers and solicitors, for the conduct of such persons and for the general enforcement of the various provisions of the Collection Agency Regulatory Act in the protection of the public.
B. The violation of any provisions of the Collection Agency Regulatory Act or of rules promulgated by the director is sufficient ground for revocation of a license or for other disciplinary action as provided in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
C. A provision of the Collection Agency Regulatory Act imposing a liability shall not apply to an act done or omitted in good faith in conformity with a rule of the director, notwithstanding that after the act or omission has occurred, the rule is amended, rescinded or determined by judicial or other authority to be invalid for any reason.
ANNOTATIONS
The 2025 amendment, effective June 20, 2025, changed "July 1, 2025" to "July 1, 2035" and changed "July 1, 2026" to "July 1, "2036".
The 2019 amendment, effective July 1, 2019, extended the termination date for the board of landscape architects; and changed "July 1, 2019", to "July 1, 2025", and changed "July 1, 2020", to "July 1, 2026".
The 2013 amendment, effective June 14, 2013, changed the agency termination date from 2013 to 2019, the termination of the operations date from 2014 to 2020, and the repeal date from 2014 to 2020.
The 2005 amendment, effective June 17, 2005, changes the termination, operation and repeal dates.
The 1997 amendment substituted "2005" for "1997" in the first sentence, and substituted "2006" for "1998" in the second and third sentences. Laws 1997, ch. 46 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature.
The 1991 amendment, effective June 14, 1991, substituted "July 1, 1997" for "July 1, 1991" in the first sentence and substituted "July 1, 1998" for "July 1, 1992" in the second and third sentences.
N.M. Stat. Ann. § 61-2-2
As used in the Optometry Act:
A. "practice of optometry" means:
(1) the employment of any subjective or objective means or methods, including but not limited to the use of lenses, prisms, autorefractors or other automated testing devices, and includes the prescription or administration of drugs for the purpose of diagnosing the visual defects or abnormal conditions of the human eye and its adnexa;
(2) the employing, adapting or prescribing of preventive or corrective measures, including but not limited to lenses, prisms, contact or corneal lenses or other optical appliances, ocular exercises, vision therapy, vision training and vision rehabilitation services, and includes the prescription or administration of all drugs rational for the correction, relief or referral of visual defects or abnormal conditions of the human eye and its adnexa; and
(3) does not include the use of surgery or injections in the treatment of eye diseases except for the use of the following types of in-office minor surgical procedures:
(a) non-laser removal, destruction or drainage of superficial eyelid lesions and conjunctival cysts;
(b) removal of nonperforating foreign bodies from the cornea, conjunctiva and eyelid;
(c) non-laser corneal debridement, culture, scrape or anterior puncture, not including removal of pterygium, corneal biopsy or removal of corneal neoplasias;
(d) removal of eyelashes; and
(e) probing, dilation, irrigation or closure of the tear drainage structures of the eyelid; scalpel use is to be applied only for the purpose of use on the skin surrounding the eye;
B. "ophthalmic lens" means a lens that has a spherical, cylindrical or prismatic value, is ground pursuant to a prescription and is intended to be used as eyeglasses;
C. "contact lens" means a lens to be worn on the anterior segment of the human eye;
D. "prescription" means a written order by an optometrist or a physician for an individual patient for:
(1) ophthalmic lenses;
(2) contact lenses; or
(3) a pharmaceutical agent that is regulated pursuant to the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978];
E. "eyeglasses" means an exterior optical device using ophthalmic lenses for the correction or relief of disturbances in and anomalies of human vision; and
F. "board" means the board of optometry.
History: 1953 Comp., § 67-1-2, enacted by Laws 1973, ch. 353, § 2; 1977, ch. 30, § 1; 1979, ch. 3, § 1; 1985, ch. 241, § 2; 1995, ch. 20, § 2; 2003, ch. 274, § 1; 2007, ch. 277, § 1; 2015, ch. 131, § 1.
ANNOTATIONS
The 2015 amendment, effective June 19, 2015, amended the definition of prescription in the definitions section of the Optometry Act; and in Paragraph (3) of Subsection D, after "a", deleted "topical ocular pharmaceutical agent or an oral".
The 2007 amendment, effective April 2, 2007, added Paragraph (3) of Subsection A.
The 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
The 1995 amendment, effective July 1, 1995, in Paragraph A(2), inserted "preventive or corrective measures, including" and "and oral pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978" in the first sentence, deleted "or any controlled substances" after "injections" and added the proviso at the end of the second sentence; inserted "or for an oral pharmaceutical agent as authorized in Section 61-2-10.2 NMSA 1978" and "Device" in the introductory paragraph of Subsection D; and made stylistic changes throughout the section.
"Optometry". — Optometry and the practice of optometry relate basically to the testing of the loss of eyesight and the correction thereof by the use of optical appliances or other means, not including drugs, medicines or surgery. 1958 Op. Att'y Gen. No. 58-158.
Duplicating of lens as "practice of optometry". — A person who duplicates an ophthalmic lens without a prescription is practicing optometry and as such must be licensed under the act or is in violation of the same. 1954 Op. Att'y Gen. No. 54-5909.
Contact lenses. — Even though not specifically named in former Optometry Practice Act, contact lenses could be considered a lens or other optical appliance. 1958 Op. Att'y Gen. No. 58-158.
Audiometric testing should not be undertaken by optometrist because the various healing arts professions should stay within the confines of their individual professions as defined by the separate licensing acts enacted by the state legislature. 1958 Op. Att'y Gen. No. 58-158.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 8, 39, 40.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 3 to 5.
N.M. Stat. Ann. § 61-23-10
61-23-10. Duties and powers of the board. (Repealed effective July 1, 2030.)
A. The board shall administer the provisions of the Engineering and Surveying Practice Act and exercise the authority granted the board in that act. The board is the sole state agency with the power to certify the qualifications of professional engineers and professional surveyors. The board may engage such personnel, including an executive director, as it deems necessary.
B. The board may promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] that are reasonable for the proper performance of its duties and the regulation of its procedures, meeting records and examinations and the conduct of examinations. The board shall promulgate rules of professional responsibility for professional engineers and professional surveyors that are not exclusive to the practice of engineering or exclusive to the practice of surveying. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.
C. The professional engineering committee shall promulgate rules of professional responsibility exclusive to the practice of engineering. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.
D. The professional surveying committee shall promulgate rules of professional responsibility exclusive to the practice of surveying. All such rules shall be binding upon all persons licensed pursuant to the Engineering and Surveying Practice Act.
E. The joint engineering and surveying standing committee has exclusive authority over practice disputes between engineers and surveyors to determine if proposed rules of professional responsibility are exclusive to the practice of engineering or exclusive to the practice of surveying so that rulemaking authority is delegated to the engineering committee or to the surveying committee. Determination of exclusive practice of engineering or surveying requires an affirmative vote by no less than three members of the joint committee. If an affirmative vote of three members cannot be achieved, the determination of exclusivity shall be made by the full board.
F. To effect the provisions of the Engineering and Surveying Practice Act, the board may, under the chair's hand and the board's seal, subpoena witnesses and compel the production of books, papers and documents in any disciplinary action conducted in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] against a licensee or a person practicing or offering to practice without licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If a person refuses to obey a subpoena so issued or refuses to testify or produce any books, papers or documents, the board may apply to a court of competent jurisdiction for an order to compel the requisite action. If a person willfully fails to comply with such an order, that person may be held in contempt of court.
G. The board may apply for injunctive relief to enforce the provisions of the Engineering and Surveying Practice Act or to restrain any violation of that act. The members of the board shall not be personally liable under this proceeding.
H. The board may subject an applicant for licensure to such examinations as it deems necessary to determine the applicant's qualifications.
I. The board shall create enforcement advisory committees composed of licensees as necessary. Each committee shall include at least four licensees in the same category as the respondent. An engineering enforcement advisory committee shall have at least one licensee in the same branch as the respondent. Enforcement advisory committees shall provide technical assistance to the board and its staff. The board shall select members from a list of volunteers submitting their resumes and letters of interest.
J. No action or other legal proceedings for damages shall be instituted against the board, a board member or an agent, an employee or a member of an advisory committee of the board for any act done in good faith and in the intended performance of any power or duty granted pursuant to the Engineering and Surveying Practice Act or for any neglect or default in the good faith performance or exercise of any such power or duty.
K. The board, in cooperation with the board of examiners for architects and the board of landscape architects, shall create a joint standing committee to be known as the "joint practice committee". In order to safeguard life, health and property and to promote the public welfare, the committee shall have as its purpose the promotion and development of the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of the committee and its powers and duties shall be in accordance with identical resolutions adopted by each board.
L. As used in the Engineering and Surveying Practice Act, "incidental practice" shall be defined by identical rules of the board and the board of examiners for architects.
History: Laws 1987, ch. 336, § 10; 1993, ch. 218, § 7; 1999, ch. 259, § 6; 2005, ch. 69, § 5; 2022, ch. 39, § 86.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-10 NMSA 1978, as amended by Laws 1963, ch. 43, § 25, relating to reimbursement of board members, effective June 19, 1987, and enacted a new section.
The 2022 amendment, effective May 18, 2022, clarified that the state board of licensure for professional engineers and professional surveyors is required to follow the provisions of the State Rules Act when promulgating rules and to follow the provisions of the Uniform Licensing Act in disciplinary matters; in Subsection B, after "The board", deleted "shall have the power to adopt and amend all bylaws and" and added "may promulgate", after "rules", deleted "of procedure consistent with the constitution and the laws of this state" and added "in accordance with the State Rules Act"; and in Subsection F, after "in any disciplinary action", added "conducted in accordance with the Uniform Licensing Act".
The 2005 amendment, effective June 17, 2005, provides that the board is the sole authority to certify the qualifications of professional engineers and professional surveyors' authorizes the professional engineering committee and the professional surveying committee to adopt and promulgate rules of professional responsibility exclusive to engineering and surveying respectively, and provides that the joint engineering and surveying standing committee has exclusive authority over practice disputes between engineer and surveyors to determine to determine if proposed rules of professional responsibility are exclusive to one practice or the other in order to delegate rule making authority to the proper committee.
The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section; added Subsection F, and redesignated subsequent subsections accordingly; substituted "board member or an agent, and employee or a member of an advisory committee" for "board member or employee" in Subsection G; and deleted "of registration for professional engineers and surveyors" following "regulations of the board" in Subsection I.
The 1993 amendment, effective July 1, 1993, added the second sentence of Subsection A; deleted "or the Engineering and Surveying Practice Act" following "laws of this state" in the first sentence of Subsection B; substituted "examiners for architects" for "architectural examiners" and " 'joint practice committee' " for " 'architect-engineer-landscape architect joint practice committee', to resolve disputes concerning these professions" in the first sentence and added the second sentence of Subsection G; added Subsection H; and made minor stylistic changes throughout the section.
N.M. Stat. Ann. § 61-23-6
61-23-6. Board members; qualifications. (Repealed effective July 1, 2030.)
A. Each engineer member of the board shall be a citizen of the United States and a resident of New Mexico. Each shall have been engaged in the lawful practice of engineering as a professional engineer for at least ten years, including responsible charge of engineering projects for at least five years as a professional engineer licensed in New Mexico, or engaged in engineering education for at least ten years, including responsible charge of engineering education for at least five years, and shall be a professional engineer licensed in New Mexico.
B. Each surveyor member of the board shall be a citizen of the United States and a resident of New Mexico. Each shall have been engaged in the lawful practice of surveying as a professional surveyor for at least ten years, including responsible charge of surveying projects for at least five years as a professional surveyor licensed in New Mexico.
C. Each public member shall be a citizen of the United States, a resident of New Mexico, shall not have been licensed nor be qualified for licensure as an engineer, surveyor, architect or landscape architect and shall not have any significant financial interest, direct or indirect, in the professions regulated.
History: Laws 1987, ch. 336, § 6; 1993, ch. 218, § 5; 1999, ch. 259, § 4; 2005, ch. 69, § 3.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-6 NMSA 1978, as amended by Laws 1979, ch. 363, § 3, relating to definitions, effective June 19, 1987, and enacted a new section.
The 2005 amendment, effective June 17, 2005, requires that engineer members of the board have had responsible charge of engineering projects for at least five years as a professional engineer licensed in New Mexico and that surveyor members have had responsible charge of surveying projects for at least five years as a professional surveyor licensed in New Mexico.
The 1999 amendment, effective June 18, 1999, substituted "licensed" for "registered" and made similar changes throughout the section, and deleted "and at least thirty-five years of age" following "resident of New Mexico" in Subsection C.
The 1993 amendment, effective July 1, 1993, substituted "engineer" for "engineering" in the first sentence and inserted "or engaged in engineering education for at least ten years, including responsible charge of engineering education for at least five years" in the second sentence of Subsection A; inserted "architect or landscape architect" and substituted "professions" for "occupation" in Subsection C; and made minor stylistic changes throughout the section.
N.M. Stat. Ann. § 61-24B-1
Chapter 61, Article 24B NMSA 1978 may be cited as the "Landscape Architects Act".
History: Laws 1985, ch. 151, § 1; 1998, ch. 23, § 1.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 1998 amendment, effective March 5, 1998, substituted "Chapter 61, Article 24B NMSA 1978" for "This act" at the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades, and Professions §§ 87 to 89.
6 C.J.S. Architects §§ 2, 3, 7.
N.M. Stat. Ann. § 61-24B-10
A. The board may adopt rules and regulations for continuing education requirements which shall be completed as a condition for renewal of any certificate of registration under the Landscape Architects Act.
B. Each registered landscape architect may obtain the seal authorized by the board, bearing the registrant's name and the legend "Registered Landscape Architect - State of New Mexico". All plans, specifications and reports issued by a registrant shall be stamped with his seal.
History: Laws 1985, ch. 151, § 10.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
N.M. Stat. Ann. § 61-24B-11
Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees for applications, certificates of registration, certificates as a landscape architect in training, temporary permits, re-registration, inactive status and late registration renewal as follows:
A. the initial application fee shall be set in an amount not to exceed one hundred dollars ($100);
B. the initial certificate of registration fee shall be set in an amount not to exceed three hundred dollars ($300);
C. the certificate of registration renewal fee shall be set in an amount not to exceed four hundred dollars ($400);
D. the initial and the renewal fee for landscape architect in training certification shall be set in an amount not to exceed two hundred dollars ($200);
E. the annual inactive status fee shall be set at one-half the renewal fee for the year; and
F. the late fee for registration renewal shall be set at an amount not to exceed twice the renewal fee.
History: Laws 1985, ch. 151, § 11; 1998, ch. 23, § 3; 2007, ch. 126, § 7; 2020, ch. 6, § 52.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2020 amendment, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in the introductory clause, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2007 amendment, effective June 15, 2007, establishes fees for landscape architect in training certification.
The 1998 amendment, effective March 5, 1998, substituted ", re-registration, inactive status and late registration renewal" for "and reregistration" in the undesignated paragraph; substituted "one hundred dollars ($100)" for "fifty dollars ($50.00)" in Subsection A; substituted "three hundred dollars ($300)" for "one hundred fifty dollars ($150); and" in Subsection B; substituted "four hundred dollars ($400)" for "one hundred dollars ($100)" in Subsection C; and added Subsections D and E.
N.M. Stat. Ann. § 61-24B-12
A. The board may refuse to issue or may deny, suspend or revoke any certificate of registration held or applied for under the Landscape Architects Act [this article] in accordance with the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] upon grounds that the registrant or applicant:
(1) is guilty of fraud or misrepresentation in the procurement of a certificate of registration;
(2) is subject to the imposition of any disciplinary action by another state which regulates landscape architects, but not to exceed the period or extent of that action;
(3) is grossly negligent or incompetent in his practice as a landscape architect;
(4) has failed to maintain registration as a landscape architect;
(5) has violated or aided or abetted any person to violate any of the provisions of the Landscape Architects Act or any rules or regulations duly adopted under that act; or
(6) has engaged in unprofessional conduct.
B. The board may modify any order of revocation, suspension or refusal to issue a certificate of registration and has the discretion to require an examination for any such modification.
History: Laws 1985, ch. 151, § 12.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
N.M. Stat. Ann. § 61-24B-14
A. There is created in the state treasury the "landscape architects fund".
B. All funds received by the board and money collected under the Landscape Architects Act shall be deposited with the state treasurer, who shall place the money to the credit of the landscape architects fund.
C. All amounts paid into the landscape architects fund shall be subject to the order of the board and shall be used only for the purpose of implementing the provisions of the Landscape Architects Act. All money unexpended or unencumbered at the end of the fiscal year shall remain in the landscape architects fund for use in accordance with the provisions of the Landscape Architects Act.
History: Laws 1985, ch. 151, § 14.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
N.M. Stat. Ann. § 61-24B-15
The board shall make rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the provisions of the Landscape Architects Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].
History: Laws 1985, ch. 151, § 15; 2022, ch. 39, § 91.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2022 amendment, effective May 18, 2022, clarified that the board of landscape architects is required to follow the provisions of the State Rules Act when promulgating rules; in the section heading, deleted "and regulations"; and after "The board shall make rules", deleted "and regulations necessary" and added "in accordance with the State Rules Act".
N.M. Stat. Ann. § 61-24B-17
The board of landscape architects is terminated on July 1, 2035 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Landscape Architects Act until July 1, 2036. Effective July 1, 2036, the Landscape Architects Act is repealed.
History: Laws 1985, ch. 151, § 18; 1991, ch. 189, § 24; 1997, ch. 46, § 18; 2005, ch. 208, § 17; 2013, ch. 166, § 5; 2019, ch. 168, § 3; 2025, ch. 66, § 3.
ANNOTATIONS
Cross references. — For the Uniform Licensing Act, see 61-1-1 NMSA 1978.
The 2005 amendment, effective July 1, 2005, provides that the commission may adopt rules relating the administration and enforcement of the Utility Operators Certification Act; deletes the former provision in subsection A that the rules classify systems and facilities into categories for each type of utility; changes "plant operators" to "operators" in Subsection B; deletes the former provision in Subsection B that standards and criteria relate to qualifications and abilities to supervise systems and facilities; deletes the former provisions of Subsection C which related to the approval and accreditation of schools and training program and which provided that the board be appointed from certified public waste supply system operators and public wastewater facility operators provides in Subsection C that the board shall classify public water systems and public wastewater facilities and advise the department; deletes former Subsection D which related to the examinations; deletes former Subsection E which related to agreements and contracts; deletes former Subsection F which related to financial and technical assistance; deletes the former provision; adds Subsection E to provide that the commission shall adopt rules providing criteria for identifying the minimum number of certified operators to operate various classifications of public water supply systems and public wastewater facilities to protect human health, public welfare or the environment.
The 1992 amendment, effective March 6, 1992, substituted "that" for "which" and deleted "four" preceding "categories" in the introductory paragraph of Subsection A, inserted ", collection systems" in Subsection A(4), substituted "Certification" for "Certifications" in the first sentence of Subsection G, substituted "public water supply systems" for "water systems" several times throughout the section, and inserted "public" preceding "wastewater facilities" several times throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Utilities § 9.
N.M. Stat. Ann. § 61-24B-3
As used in the Landscape Architects Act:
A. "board" means the board of landscape architects;
B. "general administration of a construction contract" means the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship and the periodic observation of construction to facilitate consistency with the general intent of the construction documents;
C. "landscape architect" means an individual registered under the Landscape Architects Act to practice landscape architecture;
D. "landscape architect in training" means an individual certified under the Landscape Architects Act who is actively pursuing completion of the requirements for licensure pursuant to that act; and
E. "landscape architecture" means the art, profession or science of designing land improvements, including consultation, investigation, research, design, preparation of drawings and specifications and general administration of contracts. Nothing contained in this definition shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering or land surveying as defined by Chapter 61, Articles 15 and 23 NMSA 1978.
History: Laws 1985, ch. 151, § 3; 2001, ch. 155, § 1; 2007, ch. 126, § 1.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2007 amendment, effective June 15, 2007, adds the definition of "landscape architect in training".
The 2001 amendment, effective June 15, 2001, in Subsection D, substituted "'landscape architecture'" means the art, profession or science of designing land improvements" for "'landscape architectural services' means the practice of landscape architecture"; deleted Paragraphs (1), (2) and (3) that listed the dominant purposes of the services of landscape architecture; and substituted "Chapter 61, Articles 15 and 23 NMSA 1978" for "Sections 61-15-2 and 61-23-6 NMSA 1978".
N.M. Stat. Ann. § 61-24B-5
A. The following shall be exempt from the provisions of the Landscape Architects Act as long as they do not hold themselves out as landscape architects or use the term "landscape architect" without being registered pursuant to the Landscape Architects Act:
(1) landscape architects who are not legal residents of or who have no established place of business in this state who are acting as consulting associates of a landscape architect registered under the provisions of the Landscape Architects Act; provided that the nonresident landscape architect meets equivalent registration qualifications in the landscape architect's own state or country;
(2) landscape architects acting solely as officers or employees of the United States; and
(3) a person making plans for a landscape associated with a single-family residence or a multifamily residential complex of four units or less except when it is part of a larger complex.
B. Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent a professional architect, engineer or land surveyor from engaging in landscape architecture within the limits of the architect's, engineer's or land surveyor's licensure.
C. Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent the landscape architects in training, drafters, students, clerks or superintendents and other employees of registered landscape architects from acting under the instructions, control or supervision of the landscape architect or to prevent the employment of superintendents on the construction, enlargement or alterations of landscape improvements or any appurtenances thereto or to prevent such superintendents from acting under the immediate personal supervision of landscape architects by whom the plans and specifications of any landscape architectural services were prepared.
History: Laws 1985, ch. 151, § 5; 1999, ch. 272, § 31; 2001, ch. 155, § 3; 2007, ch. 126, § 2.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2007 amendment, effective June 15, 2007, provides that the Landscape Architects Act does not prevent landscape architects in training from acting under the supervision of a landscape architect.
The 2001 amendment, effective June 15, 2001, added the Subsection A designation to the first paragraph and redesignated former Subsections A and B as Paragraphs A(1) and A(2); deleted "or any interstate railroad system; and" from the end of present Paragraph A(2); deleted "landscape designers, land planners, agriculturalists, soil conservationists, agronomists, horticulturists, foresters, tree experts, arborists, gardeners, contract landscape caretakers, landscape nurserymen, graders or contractors, or cultivators of land and any person making plans for property owned by himself" from the beginning of former Subsection C; inserted Paragraph A(3) and the Subsection designations B and C; and deleted "registered" preceding "landscape architect" in two places in present Subsection C.
The 1999 amendment, effective June 18, 1999, deleted "resident" following "consulting associates of a" in Subsection A.
N.M. Stat. Ann. § 61-24B-6
A. The "board of landscape architects" is created. The board is administratively attached to the regulation and licensing department. The board shall consist of five members, three of whom shall be landscape architects. The landscape architect members shall have been registered as landscape architects for at least five years. The two public members shall represent the public and shall not have been licensed as landscape architects or have any significant financial interest, direct or indirect, in the occupation regulated.
B. The members of the board shall be appointed by the governor for staggered terms of three years, and appointments shall be made in a manner that the terms of board members expire on June 30. The landscape architect members of the board shall be appointed from lists submitted to the governor by the New Mexico chapter of the American society of landscape architects. A vacancy shall be filled by appointment by the governor for the unexpired term and shall be filled by persons having similar qualifications to those of the member being replaced. Board members shall serve until their successors have been appointed and qualified.
C. The board shall meet within sixty days of the beginning of a fiscal year and elect from its membership a chairman and vice chairman. The board shall meet at other times as it deems necessary or advisable or as deemed necessary and advisable by the chairman or a majority of its members or the governor, but in no event less than twice a year. Reasonable notice of all meetings shall be given in the manner prescribed by the board. A majority of the board shall constitute a quorum at any meeting or hearing.
D. The governor may remove a member from the board for neglect of a duty required by law, for incompetence, for improper or unprofessional conduct as defined by board rule or for any reason that would justify the suspension or revocation of his registration to practice landscape architecture.
E. A board member shall not serve more than two consecutive full terms, and a member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member, unless excused for reasons set forth in board rules.
F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History: Laws 1985, ch. 151, § 6; 1991, ch. 189, § 23; 2001, ch. 155, § 4; 2003, ch. 408, § 24.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2003 amendment, effective July 1, 2003, added "The board shall be administratively attached to the regulation and licensing department." following the first sentence of Subsection A.
The 2001 amendment, effective June 15, 2001, in Subsection A, changed the qualifications required for the three landscape architects on the board, who were formerly required to be registered landscape architects with at least ten years of experience, and two of which had to be registered within six months of the effective date of the Landscape Architects Act; in Subsection B, deleted the first sentence that read "Upon enactment of the Landscape Architects Act, appointments shall be made by the governor.", inserted "by the governor" following "appointed"; and substituted "beginning of a fiscal year" for "effective date of the Landscape Architects Act" in Subsection C.
The 1991 amendment, effective June 14, 1991, in the second sentence in Subsection A, substituted "three shall be registered" for "four of whom shall be registered", "two landscape architects" for "four landscape architects", and "two shall represent" for "one of whom shall represent" and made related stylistic changes and, in Subsection B, deleted "in such manner that two members shall be appointed for one-year terms, two members shall be appointed for two-year terms and one member shall be appointed for a three-year term" at the end of the first sentence and deleted "Thereafter" at the beginning of the second sentence.
N.M. Stat. Ann. § 61-24B-7
The board shall:
A. promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the provisions of the Landscape Architects Act;
B. provide for the examination, registration and re-registration of applicants;
C. adopt and use a seal;
D. administer oaths and take testimony on matters within the board's jurisdiction;
E. grant, deny, renew, suspend or revoke certificates of registration to practice landscape architecture in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any cause stated in the Landscape Architects Act;
F. grant, deny, renew, suspend or revoke landscape architect in training certificates in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Landscape Architects Act;
G. conduct hearings upon charges relating to discipline of a registrant or the denial, suspension or revocation of a certificate of registration; and
H. in cooperation with the state board of examiners for architects and the state board of licensure for professional engineers and surveyors, create a joint standing committee to be known as the "joint practice committee" to safeguard life, health and property and to promote the public welfare. The committee shall promote and develop the highest professional standards in design, planning and construction and the resolution of ambiguities concerning the professions. The composition of this committee and its powers and duties shall be in accordance with identical resolutions adopted by each board.
History: Laws 1985, ch. 151, § 7; 1987, ch. 301, § 4; 2001, ch. 155, § 5; 2003, ch. 408, § 25; 2007, ch. 126, § 3; 2022, ch. 39, § 89.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
Cross references. — As to the duties of the state board of examiners for professional architects, see 61-15-4 NMSA 1978.
As to the powers of the state board of registration for professional engineers and land surveyors, see 61-23-10 NMSA 1978.
The 2022 amendment, effective May 18, 2022, clarified that the board of landscape architects is required to follow the provisions of the State Rules Act when promulgating rules; and in Subsection A, after "promulgate rules", added "in accordance with the State Rules Act to implement".
The 2007 amendment, effective June 15, 2007, adds new Subsection F to provide powers and duties of the board for architect in training certification.
The 2003 amendment, effective July 1, 2003, deleted former Subsection B, regarding employment of persons necessary to carry out the provisions of the Act, and redesignated the subsequent subsections accordingly.
The 2001 amendment, effective June 15, 2001, in Subsection H, substituted "in cooperation" for "participate", "state board of licensure" for "state board of registration", "create" for "in creating", "the 'joint practice committee'" for "the 'architect-engineer-landscape architect joint practice committee'", and substituted the current goals of the committee beginning "to safeguard the life, health and property" and ending with "concerning the professions" for "to resolve disputes concerning these professions".
N.M. Stat. Ann. § 61-24B-8
A person desiring to become registered as a landscape architect shall make application to the board on a written form and in such manner as the board prescribes, pay all required application fees and certify and furnish evidence to the board that the applicant:
A. has graduated from an accredited program in landscape architecture at a school, college or university and has a minimum of two years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect;
B. has graduated from a nonaccredited program of landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum and has a minimum of four years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect;
C. has graduated from a program in a field related to landscape architecture at a school, college or university offering a minimum four-year bachelor's degree curriculum or a minimum two-year master's degree curriculum and has a minimum of five years of practical experience acceptable to the board, at least one year of which shall be under the supervision of a landscape architect; or
D. has a minimum of ten years of practical experience in landscape architectural work that is acceptable to the board, at least one year of which shall be under the supervision of a landscape architect, provided that:
(1) each satisfactorily completed year of study in an accredited program of landscape architecture may be accepted in lieu of one year of practical experience required under this subsection; or
(2) a baccalaureate degree from a school, college or university may be accepted in lieu of two years of practical experience required under this subsection.
History: Laws 1985, ch. 151, § 8; 2001, ch. 155, § 6; 2007, ch. 126, § 4.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
The 2007 amendment, effective June 15, 2007, changes the education and experience required to qualify for registration as a landscape architect.
The 2001 amendment, effective June 15, 2001, in Subsections A and B, deleted "registered" following "supervision of a" and deleted "or a person who becomes a registered landscape architect within one year from the effective date of the Landscape Architects Act; provided that" preceding "a master's degree"; and inserted "in a related field" following "university" in Paragraphs C(1) and (2).
N.M. Stat. Ann. § 61-24B-9
A. Applicants for certificates of registration shall be required to pass the board's examination for landscape architects. An applicant who passes the examination may be issued a certificate of registration to practice as a landscape architect.
B. The board shall conduct examinations of applicants for certificates of registration as landscape architects at least once each year. The examination shall determine the ability of the applicant to use and understand the theory and practice of landscape architecture and may be divided into such subjects as the board deems necessary.
C. An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rules established by the board.
D. The board shall issue an expedited certificate to practice as a landscape architect without an examination to an applicant who holds a current certificate of registration or license as a landscape architect issued by another licensing jurisdiction if the applicant demonstrates that the person holds a valid, unrestricted license and is in good standing with the licensing board in the other licensing jurisdiction. The board shall, as soon as practicable but no later than thirty days after an out-of-state registrant or licensee files an application for a license accompanied by required fees, process the application and issue an expedited certificate of registration in accordance with Section 61-1-31.1 NMSA 1978. The board by rule shall determine the states and territories of the United States and the District of Columbia from which it will not accept applications for expedited registration and foreign countries from which it will accept applications for expedited licensure. The board shall post on its website the list of disapproved licensing jurisdictions and the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.
History: Laws 1985, ch. 151, § 9; 2001, ch. 155, § 7; 2022, ch. 39, § 90.
ANNOTATIONS
Delayed repeals. — For delayed repeal of this section, see 61-24B-17 NMSA 1978.
Cross references. — For the Parental Responsibility Act, see Chapter 40, Article 5A NMSA 1978.
The 2022 amendment, effective May 18, 2022, revised provisions related to expedited registration, provided that the board of landscape architects shall issue an expedited certificate to practice as a landscape architect without an examination to a person who holds a current certificate of registration or license as a landscape architect issued by another licensing jurisdiction if the applicant demonstrates that the person holds a valid, unrestricted license and is in good standing with the licensing board in the other licensing jurisdiction, provided that the board shall expedite the issuance of certificates in accordance with Section 61-1-31.1 NMSA 1978 within thirty days, and required the board to determine by rule, and to post on its website, which states and territories of the United States or the District of Columbia from which the board will not accept an applicant for expedited licensure and those foreign countries from which the board will accept an applicant for expedited licensure, required that the list of disapproved licensing jurisdictions include a reason for disapproval, and required the board to review the lists annually to determine if amendments to the rule are warranted; in the section heading, added "expedited registration"; and in Subsection D, after "The board", deleted "may" and added "shall", after "issue", deleted "a" and added "an expedited", after "issued by another", deleted "state if the standards of the other state are as stringent as those established by the board and" and added "licensing jurisdiction", after "if the applicant", deleted "meets the qualifications required of a landscape architect in this state", and added the remainder of the subsection.
Temporary provisions. — Laws 2022, ch. 39, § 104 provided that a board that is required by Laws 2022, ch. 39 to change its licensing provisions to allow for new or different expedited licensure shall have rules in place and operational by January 1, 2023.
The 2001 amendment, effective June 15, 2001, deleted "successfully" preceding "passes" in Subsection A; and deleted Subsection E, regarding the certification of landscape architects in the first year after the effective date of the Landscape Architects Act.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)