What to Know: The Unlicensed Practice of Architecture and Engineering
The Board has recently reviewed more compliance cases involving individuals engaging in the unlicensed practice of architecture and engineering. What exactly does this mean? How does this occur?
These cases usually involve project owners failing to engage a Nebraska-licensed architect and/or professional engineer on a project subject to the Nebraska Engineers and Architects Regulation Act (Neb. Rev. Stat. §§81-3441, or “the E&A Act”).
Another instance involves unlicensed individuals with an architectural drafting background preparing plans for projects subject to the E&A Act.
If an individual is not a Nebraska-licensed architect or professional engineer, they shall not directly or indirectly engage in the practice of architecture or engineering on projects subject to the E&A Act.
The practice of architecture is defined in N.R.S. §§81-3420, and the practice of engineering is defined in N.R.S. §§81-3421.
When are licensees required on a project?
Nebraska state law requires that any building or structure that will exceed the square footage defined in the E&A Act and Board Rules 10.3 and 10.4 must be designed by an architect and/or professional engineer.
Determining whether a licensed architect or professional engineer must be involved on a project is primarily based on two factors:
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The area in square feet that the project adversely impacts, and
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The project’s occupancy classification according to the state building code (N.R.S. §§71-6403).
Occupancy classification categorizes structures based on their primary usage, such as a home's main purpose is residential or a hospital's main purpose is healthcare.
If a project adversely impacts an area greater than shown below (Board Rule 10.3) as a function of its occupancy classification, the project requires the involvement of licensees if the project constitutes the practices of architecture or engineering.
If a project contains more than one occupancy classification, the most restrictive occupancy applies for purposes of E&A Act compliance.
Do I need licensees for an addition or renovation project?
Renovations and one-level additions to an existing building, structure, or work shall be exempt from the E&A Act if:
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The total impacted area is less than the area specified in Rule 10.3; and
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The area of renovation or addition does not adversely impact the mechanical system, electrical system, structural integrity, means of egress, and does not change or come into conflict with the occupancy classification of the existing or adjacent tenant space, building, structure, or work.
If a project owner is unsure if they need to engage a design professional(s) on a project, we recommend they consult with a licensed architect or professional engineer. The Board website has a Licensee Lookup feature that allows individuals to search for a licensed person, authorized organization, or temporary permit holder.
For more information, visit the FAQ Public section of the Board’s website and the FAQ section regarding the need for an architect or professional engineer on a project.
If you're an architect or professional engineer…
If an architect or professional engineer wants to practice their respective profession in Nebraska, they must hold either an active license in Nebraska or an active Board-issued temporary permit.
Understanding the difference between the practice of architecture and the practice of engineering is also important. The Board has reviewed several cases where architects were practicing engineering and professional engineers practicing architecture on projects subject to the Act. This is not allowed under the E&A Act.
NBEA Lunch and Learn Webinar Series
Thank you to everyone who attended the recent Lunch and Learn Webinar covering the E&A Act, potential updates to Board rules and regulations, and when licensed architects and professional engineers need to be involved in a project design. The webinar is now available on the Board’s YouTube channel. Please click here to view the presentation.
If you would like to access the PDF version of the webinar, please click here.
As a reminder, certificates WILL NOT be issued as attendance verification. If you participated in the entire presentation, you will receive an email within a week of the webinar confirming your attendance. Please use this email as attendance verification if you anticipate submitting continuing education hours for this webinar.
Please follow us on all the Board’s social media platforms for upcoming NBEA Lunch and Learn Webinar Series presentations and never miss any important updates or information! Additionally, check out our website for upcoming webinar information, as well as past webinar YouTube videos and presentation documents.
If you have any suggested topics for future webinars, please email nbea.marketing@nebraska.gov.
Upcoming NBEA Lunch and Learn Webinar
Please join us for the next installment of the NBEA Lunch and Learn Webinar Series regarding license renewals, continuing education requirements, and continuing education audits on Monday, October 27, 2025, at noon (central time)!
The following information regarding license renewals will be discussed:
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Online Renewals
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Paper Renewals
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Information Updates
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Emeritus Status
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Inactive or Retired Status
The following information regarding continuing education requirements will be discussed:
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Acceptable Activities
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Restrictions
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Web-based Activities
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Self-guided Activities
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Units and Carry-over
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Recordkeeping
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Exemptions and Waivers
The following information regarding continuing education audits will be discussed:
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Audit Notification
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Audit Documentation
Register today to reserve your spot!
Share this invitation with others who might benefit. If you have specific questions about these topics, please submit them before the webinar so we can better answer them during the presentation. Please send questions to nbea.compliance@nebraska.gov.
Board Outreach in Central Nebraska
Earlier this month, Public Information Officer Allyson Bennett traveled to more than 35 jurisdictions in central Nebraska, including Broken Bow, Lexington, and Cozad.
These outreach visits support the Board’s goal of fostering constructive working relationships with Nebraska jurisdictions while remaining accessible to assist with local needs.
During each visit, PIO Bennett meets with local officials to:
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Raise awareness of the Board and the E&A Regulation Act
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Provide informational materials such as brochures and handbooks
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Highlight resources available through the Board
Jurisdictions interested in scheduling a visit are encouraged to contact nbea.marketing@nebraska.gov.
NCEES News
Structural PE Exam Specifications To Change
NCEES is modifying Structural PE Examination specifications starting in April 2026.
The total time for Vertical Depth and Lateral Depth sections of the exam will increase by an hour. The total appointment time will be 6-½ hours, an increase from the current 5-½ hours. The exam will continue to contain scored and unscored (pretest) questions and be alternative item type (AIT) questions.
New PAKS Study for Nuclear PE Exam
NCEES is initiating a new Professional Activities and Knowledge Study, or PAKS, for the Nuclear PE Examination. NCEES anticipates this effort, which includes the study, updated exam specifications, and other changes, to begin in Fall 2025.
At the request of the exam’s supporting technical society, NCEES anticipates that exam administration for this exam, currently administered in October, will move to an April administration. NCEES hopes to complete the PAKS and updates to this exam in time for an April 2028 administration.
NCARB News
Updates to Education Guidelines
NCARB has implemented minor updates to the NCARB Education Guidelines, including refreshed terminology related to international practice, updated fee information, updated contact information, and clarifying language updates. Program requirements and eligibility requirements were not changed as part of this update.
To view the updated guidelines, click here, and for more information on these updates, click here.
Upcoming AXP Changes
NCARB is making several changes to the Architectural Experience Program® (AXP®). These updates are designed to align the programs with the NCARB Competency Standard for Architects and to address common administrative impediments faced by candidates on the path to licensure.
The following changes will go into effect on November 18, 2025:
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Refreshed descriptions of each of the program’s six experience areas: The AXP experience areas will no longer be described by a list of 96 tasks. Instead, the description of each experience area will be updated to reflect appropriate capabilities described in the NCARB Competency Standard for Architects. The minimum required hours per experience area will not be impacted. Note: AXP Portfolio applicants will still need to associate exhibits with the current AXP’s 96 tasks.
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Replacing the five-year reporting requirement with a new reporting policy: Under the current requirement, candidates must report all experience within eight months of earning it for 100% credit, and within five years for 50% credit; any experience older than five years does not receive any credit. Under the new policy, candidates will be able to earn 100% credit for experience up to a year old. Experience older than one year will be worth 75% credit, with no limitation on how old that experience can be.
This change will apply to previously reported experience as well as new experience reports, and many candidates will receive additional AXP credit. Hours previously reported and approved for 50% credit will be automatically increased to 75% credit for all candidates who are not already AXP complete. Note: Hours will not be automatically updated for AXP complete candidates—individuals who are AXP complete may contact NCARB if they would like their hours to be adjusted based on the new reporting policy.
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Updating the process through which candidates can gain experience for completing professional development courses: NCARB will expand the “Setting O: Continuing Education for HSW” opportunity that allows candidates to gain experience for completing continuing education (CE) programs that qualify as Health, Safety, and Welfare (HSW). Under the current program requirements, NCARB only accepts courses accredited by the American Institute of Architects (AIA), which limits access to this experience opportunity to candidates who maintain AIA membership.
Under the updated requirements, NCARB will accept both AIA-accredited HSW CE courses, as well as professional development courses accredited by other organizations (these organizations must be pre-approved by NCARB). This will expand access to non-AIA members who complete courses through these approved organizations. More information about approved organizations and required documentation will be provided this fall.
Download the new AXP Guidelines here, and for answers to frequently-asked questions regarding these changes, click here.
Licensure Updates
Recently Resolved Compliance Cases
24.04 – Incompetence – Rule 5.1
Summary: The Board received a complaint alleging the Respondent was incompetent in practicing structural engineering in a commercial renovation. The Respondent is a Nebraska-licensed Professional Civil Engineer.
Action: Board Rule 5.1.3 states that licensees may perform professional services only when qualified by education, training, and experience in the specific technical areas involved. In this case, the Respondent was advised to complete additional coursework or webinars in structural engineering if they intended to continue practicing in that discipline. The Respondent provided documentation demonstrating successful completion of supplemental education. Based on this, the Board dismissed the complaint without disciplinary action.
24.37 – Unlicensed Practice of Architecture and Engineering - 81-3442(1)(a)
Summary: The Board was notified of the submission of unsealed plans to another state agency for the construction of a single-story building [Assembly (A) occupancy] comprising approximately 13,690 square feet. The plans did not bear the seal of a Nebraska-licensed architect or professional engineer.
Action: This project was subject to the Act due to the building area comprising more than 1,000 square feet of A-Assembly occupancy. The Board authorized architecture and engineering remediation to bring the project into compliance with the Act. Per Board Rule 8.4, the project owner engaged a Nebraska-licensed architect and professional engineer to review the project for compliance with the Act. The Board dismissed the complaint without disciplinary action based on the engagement of licensees.
25.08 – Audit Failure
Summary: A complaint was initiated alleging Joseph Stewart (A-5170) supplied false information regarding the completion of continuing education. Board Rule 9.1 requires every architect to meet the continuing education requirements as a condition for license renewal.
Action: The Board found Stewart failed to meet the continuing education requirements for the 2023-2024 renewal period. The Board proposed a settlement agreement in which Stewart agreed to the disciplinary action, which imposed a license suspension, a $750 civil penalty, and $67.08 in investigative costs to be paid within thirty (30) days. The Board accepted and executed the settlement agreement at the July 12, 2025 meeting. The Board closed the complaint at the September 12, 2025 meeting based on satisfying the terms of the Settlement Agreement.
25.12 – Unlicensed Individual Practice – 81-3441 (1)(a)
Summary: The Board was notified of the submission of unsealed plans to another state agency for the renovation of a single-story building [Storage (S) occupancy] comprising approximately 15,680 square feet. The plans did not bear the seal of a Nebraska-licensed architect or professional engineer.
Action: This project was subject to the Act due to the renovation adversely impacting more than 5,000 square feet of S-Storage occupancy. The Board authorized engineering remediation to bring the project into compliance with the Act. Per Board Rule 8.4, the project owner engaged a Nebraska-licensed professional engineer to review the project for compliance with the Act. The Board dismissed the complaint without disciplinary action based on the engagement of a Nebraska-licensed professional engineer.
25.13 – Unlicensed Individual Practice - 81-3442(1)(a)
Summary: The Board was notified of the submission of unsealed plans to another state agency for the renovation of a single-story building [Assembly (A) occupancy] comprising approximately 8,400 square feet. The plans did not bear the seal of a Nebraska-licensed architect.
Action: This project was subject to the Act due to the renovation adversely impacting more than 1,000 square feet of A-Assembly occupancy. To bring the project into compliance with the Act, the Board authorized architecture and engineering remediation detailed in Board Rule 8.4. Due to the unique and complex nature of the project’s design, the Board strongly recommended that a professional engineer competent to practice structural engineering review the structural aspects of the project. Per Board Rule 8.4, the project owner engaged a Nebraska-licensed architect and professional engineer to review the project for compliance with the Act. The Board dismissed the complaint without disciplinary action based on the engagement of a Nebraska-licensed architect and professional engineer.
25.14 – Audit Failure
Summary: A complaint was initiated alleging Kenneth Vodicka (E-14740) supplied false information regarding the completion of continuing education. Board Rule 9.1 requires every professional engineer to meet the continuing education requirements as a condition for license renewal.
Action: The Board found Vodicka failed to meet the continuing education requirements during the 2023-2024 renewal period. The Board proposed a settlement agreement in which Vodicka agreed to the disciplinary action, which imposed a license suspension of 30 days or until he provided the Board with the appropriate supporting documentation illustrating he completed the required continuing education hours, a $500 civil penalty, and $44.54 in investigative costs to be paid within thirty (30) days. The Board accepted and executed the settlement agreement at the July 12, 2025 meeting. The Board closed the complaint at the September 12, 2025 meeting based on Vodicka satisfying the terms of the Settlement Agreement.
25.15 – Unlicensed Individual Practice - 81-3442(1)(a)
Summary: The Board was notified of the submission of unsealed plans to another state agency for the construction of a two-story building [Residential (R-2) occupancy] comprising approximately 5,740 square feet. The plans did not bear the seal of a Nebraska-licensed architect or professional engineer.
Action: This project was subject to the Act due to the building area comprising more than 4,000 square feet of R-2-Residential occupancy. The Board authorized architecture and engineering remediation to bring the project into compliance with the Act. Per Board Rule 8.4, the project owner engaged a Nebraska-licensed architect and professional engineer to review the project for compliance with the Act. The Board dismissed the complaint without disciplinary action based on the successful completion of architecture and engineering remediation.
For further information regarding the enforcement process, please click here.
For a full list of formal disciplinary actions taken by the Board, please click here.
The Nebraska Professional Archive
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