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Pennsylvania Landscape Architects Defend their Right under PA Law to Undertake Stormwater Work

Pennsylvania Landscape Architects Defend their Right under PA Law to Undertake Stormwater Work

Pennsylvania officials have ruled that the state's landscape architects are legally qualified to complete structural stormwater design. The January decision reverses a previous ruling that placed stormwater design work outside of landscape architects' job description. Now the state's LAs can "prepare and seal" stormwater plans.

The Pennsylvania/Delaware ASLA Chapter reports that a Jan. 17 letter from the Pennsylvania Department of Environmental Protection (DEP) reverses the department's earlier position that landscape architects were not qualified to design stormwater BMPs. The DEP letter states that landscape architects "are qualified to design certain structural stormwater BMPs."

Previous Decision Overturned
The Pennsylvania/Delaware Chapter has been working to reverse DEP's decision
in 2007 that recognized only professional engineers as qualified to design
structural stormwater BMPs.

On Nov. 15, 2007, James Barnes, LA, chairman of the Penn. State Board of
Landscape Architects submitted a list of structural stormwater management
BMPS to the DEP's Office of Water Management that the board considered
within the practice of registered landscape architects.

Text of Letter
On Jan. 17, Mr. Barnes received a letter from Cathy Currant Myers, deputy
secretary for water management within DEP. The letter states, in part:

"DEP staff has completed their review of the correspondence you submitted
*containing a list of structural stormwater management BMPs that fall within
the practice of registered landscape architects. DEP concurs that the
licensing law provides that registered landscape architects are qualified to
design certain structural stormwater management BMPs. Registered landscape
architects are qualified to prepare and seal plans and specifications for
the structural stormwater management BMPs listed on the *" Approved List of
Structural BMPs for Registered Landscape Architects, which covers BMPs
contained in Chapter 6 of the Pennsylvania Stormwater Best Management
Practice Manual (Dec. 30, 2006), Technical Guidance 363-0300-002.

"Training and Experience"
"The individual licensed professional's education, training and experience
will dictate individual qualifications to prepare designs for certain
practices. Registered licensed professionals must apply their professional
design judgment as to whether other licensed professionals are needed to
complete or assist in the design. DEP will also reflect these changes in the
Notice of Intent/Application for general/individual NPDES permits and in
guidance documents related to the NPDES stormwater construction permits."

Sources: Pa. State Board of Landscape Architects, Pa./Delaware Chapter ASLA
 
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