The types of conservation work that Technical Service Providers (TSPs) can
provide for projects funded through the Natural Resources Conservation Service
(NRCS) have expanded.
While practicing engineering without a license is against the law, the
Montana Board of Professional Engineers provided guidance to NRCS that helped
define the types of projects that would require a professional engineer's
review, signature, or seal.
Based on this guidance, NRCS will now allow registered TSPs who are not
licensed professional engineers to design and install certain conservation
practices that were formerly reserved for professional engineers. This means
TSPs can complete certain practices; including practices for irrigation systems,
watering tanks, and some wetland restoration and enhancement projects. NRCS has
placed size, complexity, and other requirements on the practices in order to
comply with state law.
Table A on the next page outlines the Board's definition of projects not
requiring a registered professional engineer's review, signature, or seal. These
projects may be completed by a TSP who is not a licensed professional engineer.
As always, registered TSPs who are also Montana-licensed professional
engineers can complete any engineering practice in a client’s conservation plan.
Please note that when designing and installing conservation practices, TSPs must
adhere to NRCS practice standards and the State of Montana, Department of
Commerce, Division of Business and Professional Licensing, Professional
Engineers and Land Surveyors Laws and Rules. Practices completed by TSPs will be
spot checked to ensure they meet NRCS standards.
For more information about Technical Service Providers and NRCS policy
regarding practices that may or may not require a professional engineer's
involvement:
Further information can also be found in the NRCS General Manual, Section
180, Part 408 Conservation Vendors of Services, Supplies, and Equipment. The
General Manual is available at any NRCS office.
Table A: Practice Standard Limitations
| Practice Standard Number |
Name of Practice Standard |
Limitations on the Practice Standard |
| Code 450 |
Anionic Polyacrylamide (PAM) Erosion Control
|
1. PAM design and application is limited to 160 acres or less. |
| 2. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 310 |
Bedding |
1. Bedding design and application is limited to 25 acres or less.
|
| 2. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 464 |
Irrigation Land Leveling |
1. Irrigation land leveling designs are limited to an average of 250
cubic yards per acre for the field being designed. |
| 2. Individuals can meet the skills required to design and apply the
Practice Standard. |
| Code 442 |
Irrigation System, Sprinkler |
1. Does not include the Pumping Plant Design. |
| 2. Does not include the Irrigation Water Conveyance Pipeline Design.
|
| 3. Limited to center pivots, and side roll systems. |
| 4. NRCS planning shall show the maximum application rate. |
| 5. Components of the center pivots, side roll are pre-manufactured
systems. |
| 6. Limited to 160-acre systems. |
| 7. System will never be connected to a system that will be used for
human consumption. |
| 8. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 449 |
Irrigation Water Management |
1. Irrigation Water Management implementation is limited to 160
acres or less. |
| 2. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 460 |
Land Clearing |
1. Land Clearing design and application is limited to 20 acres or
less. |
| 2. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 516 |
Pipeline |
1. Livestock pipeline is less than 1 mile in length. |
| 2. Livestock pipeline is 1.5 inches outside diameter or less and the
pressure is 90 psi or less. |
| 3. Pipeline system will never be connected to a system that will be
used for human consumption. |
| 4. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 557 |
Row Arrangement |
1. Row Arrangement design and application is limited to 20 acres or
less. |
| 2. The Row Arrangement runoff will not affect any residences or
communities. PE required if runoff affects residences or communities. |
| 3. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 571 |
Soil Salinity Management, Non-irrigated
|
1. Soil Salinity Management, Non-irrigated is limited to 100 acres,
which includes the drainage area and the affected acreage. |
| 2. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 614 |
Watering Facility |
1. Limited to 3,000 gallons of a pre-manufactured new tank. |
| 2. Watering facility will never be connected to a system that will
be used for human consumption. |
| 3. See Pipeline, Code 516 for other limits that may apply when this
practice standard is used. |
| 4. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 642 |
Water Well |
1. Well is designed and certified by a state certified well driller
only. |
| 2. The TSP has to be a certified well driller in Montana for design
and payment. |
| 3. Well water will never be used for human consumption. |
| 4. Individual(s) can meet the skills required to design and apply
the Practice Standard. |
| Code 659 |
Wetland Enhancement |
1. The modification is related to the hydrophytic plant communities.
|
| 2. The modification is related to the biological habitat components
of a wetland. |
| 3. Any modifications to the surface or subsurface hydrologic
conditions require a PE and are not allowed for a non-registered
professional engineer. |
| 4. Individual(s) can meet the skills required to design and apply
the hydrophytic and biological habitat components of the Practice
Standard. |
| Code 657 |
Wetland Restoration |
1. The wetland restoration/rehabilitation/modification is related to
the hydrophytic plant communities or the biological habitat components
of a wetland. |
| 2. The design and installation of the affected wetland area is
limited to 5 acres or less. |
| 3. The drainage area into the wetland is 320 acres or less. |
| 4. Less than 3 feet of earth fill is required to restore the
original drained or degraded wetland. |
| 5. The Wetland Restoration is not an enhancement to a stream or
river reach or a riverine wetland. |
| 6. Any structural component or any embankment over 3 feet in height
will require a PE. |
| 7. A failure of the embankment will not damage downstream property
or cause a loss of life. |
| 8. Individual(s) can meet the skills required to design and apply
the hydric soil conditions and hydrophytic and biological habitat
components, along with the wetland functions of the Practice Standard.
|