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Overall, the purpose of a CUP is to balance the interest, not the right, of a property owner with those of the
<br />community, ensuring that land use decisions are made in a way that promotes the public welfare and protects the
<br />quality of life, the appearance of the neighborhood, and residents’ investment to their residential properties.
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<br />State Statutes
<br />Below are two subdivisions of the state statute outlining when an architect is required. The subdivisions generally
<br />state a licensed architect is required for everything except houses, sheds (residential), and farm structures.
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<br />326.03 License or Certificate Required.
<br />Subdivision 1. Plans; documents. No person, except an architect, engineer, land surveyor, landscape architect,
<br />geoscientist, or certified interior designer, licensed or certified as provided for in sections 326.02 to 326.15 shall
<br />practice architecture, professional engineering, land surveying, landscape architecture, or professional geoscience,
<br />or use the title certified interior designer, respectively, in the preparation of plans, specifications, reports, plats or
<br />other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design
<br />documents, or in the observation of architectural, engineering, land surveying, landscape architectural,
<br />geoscientific, or interior design projects. In preparation of such documents, reasonable care shall be given to
<br />compliance with applicable laws, ordinances, and building codes relating to design.
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<br />Subd. 2. Exceptions. Nothing contained in sections 326.02 to 326.15 shall prevent persons from advertising and
<br />performing services such as consultation, investigation, or evaluation in connection with, or from making plans
<br />and specifications for, or from supervising, the erection, enlargement, or alteration of any of the following
<br />buildings:
<br />(1) dwellings for single families, and outbuildings in connection therewith, such as barns and private garages;
<br />(2) two family dwellings;
<br />(3) any farm building or accessory thereto; or
<br />(4) temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in
<br />height, and not used for living quarters.
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<br />Below is a subdivision of the statute outlining exceptions to when an architect is required. It generally states, it is
<br />for a business owner (property/homeowner) solely who will have no employees, customers, visitors, and/or
<br />patrons.
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<br />326.02 Licensure or Certification.
<br />Subd. 5. Limitation. The provisions of sections 326.02 to 326.15 shall not apply to the preparation of plans and
<br />specifications for the erection, enlargement, or alteration of any building or other structure by any person, for that
<br />person's exclusive occupancy or use, unless such occupancy or use involves the public health or safety (customers,
<br />visitors, patrons) or the health or safety of the employees of said person, or of the buildings listed in section 326.03,
<br />subdivision 2 (listed above),… nor to any detailed or shop plans required to be furnished by a contractor to a
<br />registered engineer, landscape architect, architect, or certified interior designer, nor to any standardized
<br />manufactured product, nor to any construction superintendent supervising the execution of work designed by an
<br />architect, landscape architect, engineer, or certified interior designer licensed or certified in accordance with
<br />section 326.03, nor to the planning for and supervision of the construction and installation of work by an electrical
<br />or elevator contractor or master plumber as defined in and licensed pursuant to chapter 326B, where such work is
<br />within the scope of such licensed activity and not within the practice of professional engineering, or architecture,
<br />or where the person does not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.
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