A-E 7.07 Monuments. The type and position of monuments to be set on any property survey shall be according to s. 236.15 (1), Stats., unless determined by the nature of the property survey, the permanency required, the nature of the terrain, the cadastral features involved, and the availability of material. Coordinate values are not acceptable in lieu of monuments. SECTION 15. A-E 7.08 (1) (intro.) and (a) to (c) are amended to read:
A-E 7.08 (1) When monument record required. A U.S. public land survey monument record or U.S. public land survey monument record addendum shall be prepared and filed with the county survey records as part of any land survey within 60 days of setting or accepting the corner which includes or requires the perpetuation, restoration, or use of if a U.S. public land survey corner has been reestablished, perpetuated, or restored and a monument set or reset, and when any of the following situations arise:
(a) There is no U.S. public land survey monument record for the corner on file in the office of the county surveyor or the register of deeds for the county in which the corner is located ; or, the county office deemed appropriate to receive and retain property survey records.
(b) The professional land surveyor who performs the property survey accepts a location for the U.S. public land survey corner which differs from that shown on a U.S. public land survey monument record filed in the office of the county surveyor or register of deeds for the county in which the corner is located; or, the county office deemed appropriate to receive and retain property survey records.
(c) The witness ties or U.S. public land survey monument referenced in an existing U.S. public land survey monument record have that has been destroyed or disturbed, except where the witness ties and the U.S. public land survey monument referenced in an existing U.S. public land survey monument record have been found and verified and a note stating this has been placed on the property survey.
SECTION 16. A-E 7.08 (1g) and (1r) are created to read:
A-E 7.08 (1g) Verification of the monument. If a U.S. public land survey corner monument of record is recovered in place and holding securely at the previously documented corner location, based on the witness ties, no additional U.S. public land survey monument record or U.S. public land survey monument record addendum shall be required. Where the U.S. public land survey monument referenced in an existing U.S. public land survey monument record have been found and verified, a note stating this shall be placed on the property survey.
(1r) Waiver of the monument record. The preparation of a U. S. public land survey monument record or U. S. public land survey monument addendum may be waived in writing by the county surveyor of the county in which the U.S. public land survey corner is located, if a U.S. public land survey monument record is on file and the county surveyor has an active U.S. public land survey monument maintenance program in place.
SECTION 17. A-E 7.08 (2) is renumbered A-E 7.08 (2) (a) and amended to read:
A-E 7.08 (2) Form required. (a) A U.S. public land survey monument record shall be prepared for items (1) (a) and (b) on the board- approved form or on a form substantially the same as the board- approved form which includes all the elements required by this section. A form used for this purpose shall be entitled, “U.S. Public Land Survey Monument Record”.
SECTION 18. A-E 7.08 (2) (b) is created to read:
A-E 7.08 (2) (b) A U.S. public land survey monument record addendum shall be prepared for item (1) (c) on the approved form or on a form substantially the same as the approved form. A form used for this purpose shall be entitled, “U.S. Public Land Survey Monument Record Addendum”.
SECTION 19. A-E 7.08 (2) (Note) is amended to read:
A-E 7.08 (2) (Note) Forms are available on the department’s website at dsps.wi.gov, or by calling by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or call (608) 266 - 2112.
SECTION 20. A-E 7.08 (3) (i) is amended to read:
A-E 7.08 (3) (i) The stamp and signature or seal and signature of the professional land surveyor under whose direction and control the corner location was determined and a statement certifying that the U.S. public land survey monument record is correct and complete to the best of his or her the professional land surveyor’s knowledge and belief.
SECTION 21. A-E 7.08 (4) is created to read:
A-E 7.08 (4) Monument Record Addendum Requirements. A U.S. public land survey monument record addendum shall include all of the following elements:
(a) The monument marking the corner location, or monuments giving reference to a nearby inaccessible corner location, and include the elements found in sub. (3) (a), (b), (d), and (e).
(b) A description of the record evidence used to reset the corner monument back in its prior location.
(c) The stamp and signature or seal and signature of the professional land surveyor under whose direction and control the corner location was determined or witness monument established.
(d) A statement certifying that the U.S. public land survey monument record addendum is correct and complete to the best of the professional land surveyor’s knowledge and belief.
SECTION 22. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
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