CR 19-153 Rule Text

The Professional Land Surveyor Section of the A-E Board reached out to stakeholders once the scope statement was approved for implementation to gather input from interested parties. The Wisconsin Society of Land Surveyors submitted comments which were considered and acted upon by the Professional Land Surveyors Section at their August 22, 2018 meeting. A draft of A-E 7 was further considered at the November 1, 2018 meeting. On December 3, 2018, the working draft of A-E 7 was posted on the department website to provide opportunity for stakeholders to consider the proposed amendments. The Professional Land Surveyor Section met on January 10, 2019 to consider public comments on the proposed amendments to A-E 7. After further amendments in response to public comments, the working draft of A-E 7 was posted on the department website on January 14, 2018. The Professional Land Surveyor Section met on April 23, 2019 to consider public comments on the proposed amendments to A-E 7 before approving the preliminary rule draft, with additional clarifications, to the A-E Rules Committee and A-E Board.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on the proposed rules. Information concerning the date, time, and location of the public hearing will be published in the Wisconsin Administrative Register and posted on the Legislature’s website at https://docs.legis.wisconsin.gov/code/chr/hearings.

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TEXT OF RULE

SECTION 1. A-E 7.01 is repealed and recreated to read:

A-E 7.01 Scope. (1) The minimum standards of this chapter apply to any property survey performed by professional land surveyors in this state, except where otherwise provided in this chapter.

(2) The minimum accuracies in s. A-E 7.06 apply to any property survey performed by professional land surveyors in this state.

(3) If other standards for property surveys are prescribed by statute, administrative rule, or ordinance, and the standards are more restrictive than those in this chapter, the more restrictive standards govern.

(4) Except with regard to a U.S. public land survey monument record or addendum and a map of work performed, the professional land surveyor and client may enter a signed agreement to exclude land surveying work from the requirements of ss. A-E 7.03 (2), 7.05 (5) and (7m), and 7.07, where all of the following are performed:

(a) The professional land surveyor shall certify on the face of the map to the agreement.

(b) The map includes a note which states that an agreement to exclude work from the requirements of this chapter has been made and a list of those exclusions.

SECTION 2. A-E 7.02 (1) and (2) are repealed.

SECTION 3. A-E 7.02 (1m) is created to read:

A-E 7.02 (1m) “Property survey” means an activity performed in the practice of professional land surveying, as defined in s. 443.01 (6s), Stats.

SECTION 4. A-E 7.02 (3) is amended to read:

A-E 7.02 (3) “Survey report" means a report property survey that may be prepared in compliance with s. A-E 7.025 when there is an existing map recorded or filed within the last 6 years and no new monuments are established in the survey.

SECTION 5. A-E 7.025 is amended to read:

A-E 7.025  Survey report, requirements. A survey report, as defined in A-E 7.02 (3), shall include the purpose of the survey, information concerning the documents that were examined for the survey, and the measurements that were made to verify the locations of the monuments found, and a copy of the map that was recorded or filed. The survey report shall be in compliance with all sections of this chapter except s. A-E 7.05 (1), (2), (3), and (4) and shall be filed as required under s. 59.45 (1), Stats., on media, or electronically if acceptable by the county.

SECTION 6. A-E 7.03 is renumbered A-E 7.03 (1) and is amended to read:

A-E 7.03  Boundary location.  (1) Every property survey shall be made in accordance with the records of the register of deeds as nearly as practicable. The professional land surveyor shall acquire data necessary to retrace record title boundaries such as U.S. Public Land Survey Monument Records, deeds, surveys, maps, certificates of title, highway, and center line or right-of-way lines, and other boundary line locations. The professional land surveyor shall make field measurements necessary for the location of the parcel and shall analyze the data and make a careful determination of the position of the boundaries of the parcel being surveyed. The professional land surveyor shall set monuments marking the corners of the parcel unless monuments already exist at the corners.

SECTION 7. A-E 7.03 (2) is created to read:

A-E 7.03 (2) The professional land surveyor shall set monuments marking the corners of the parcel unless monuments already exist at the corners.

SECTION 8. A-E 7.04 (1), (3), and (4) are amended to read:

(1) By metes and bounds commencing with a monument at a section corner or quarter section corner of the quarter section in which that land is located or a monument established by the U.S. Public Land Survey that it is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the land is located. Descriptions shall meet the requirements in s. A-E 7.06 (3).

(3) By land boundaries being surveyed as an existing lot, outlot or parcel, on a recorded certified survey map, the property survey shall be described by lot, outlot or parcel number and certified map number for all purposes.

(4) By the parcel described as an aliquot part of a section from the public land system U.S. Public Land Survey.

SECTION 9. A-E 7.05 is amended to read:

A-E 7.05  Maps. A map shall be drawn for every property survey, unless a survey report is filed as provided in s. A-E 7.02 (3) 7.025, showing information developed by the property survey. The map shall include all of the following requirements:

(1) Be The map shall be drawn on media with the minimum size of 8 ½ x 11 inches and to a commonly accepted scale which shall be clearly stated and graphically illustrated by a bar scale on each map sheet containing a graphical depiction of the property survey unless otherwise required by law.

(2) Be The map shall be referenced as provided in s. 59.73 (1), Stats., along with a north arrow and reference to a monumented line.

(3) Show The map shall show the length and bearing of the boundaries of the parcels surveyed. Bearings, angles, and distances on any property survey map shall be in accordance with s. A-E 7.06 (5). Where the boundary lines show bearings, lengths or locations which vary from those recorded in deeds, abutting plats, or other instruments, there shall be the following note placed along such line, “recorded as (show recorded bearing, length or location)”. Curve data shall be shown by any at least 3 of the following: central angle, radius, long chord bearing and length, and arc length.

(4) Describe all The map shall describe the corner monuments used for in determining the location of the parcel boundary and show by bearing and distance their the relationship of at least 2 corner monuments to the surveyed parcel. All The at least 2 monuments that are used to determine the location of the parcel shall be indicated by whether such monuments were found or set including a description of the monument with a legend for all symbols and abbreviations used on the map.

(5) Show observed The map shall show evidence of possession or use by others in the parcel or across any perimeter line of the property if observed by the professional land surveyor while establishing corners.

(6) Show The map shall show surveyed parcel bounded by water or inaccessible areas, the part shall be enclosed by a meander line showing complete data along all lines extending beyond the enclosure. The true boundary shall be clearly indicated on the map.

(7) Identify The map shall identify the professional land surveyor's name and address, the person or entity for whom the survey was made, completion date of the field work, and description of the parcel as provided in s. A-E 7.04.

(7m) The map shall identify the person or entity for whom the property survey was made.

(8) Bear The map shall bear the stamp or seal, name and address and signature of the professional land surveyor under whose direction and control the property survey was made with a statement certifying that the property survey complies with this chapter and is correct to the best of the professional land surveyor's knowledge and belief.

(10) Identify The map shall identify boundary lines on the property survey. Boundary lines shall be clearly differentiated from other lines on the map.

(11) Coordinate When coordinate values when are shown on the face of the map they , the map shall comply with and be subject to the provisions of s. 236.18, Stats., and include the coordinate system, datum, and adjustment.

SECTION 10. A-E 7.06 (title) and (1) are amended to read:

A-E 7.06 (title) Measurements Relative positional accuracy measurements.

(1) Measurements shall be made with instruments and methods capable of attaining the required accuracy for the particular circumstances involved relative positional accuracy in accordance with this section.

SECTION 11. A-E 7.06 (1m) is created to read:

A-E 7.06 (1m) Relative positional accuracy shall be the value expressed in feet that represents the uncertainty between points of the boundary of the parcel being surveyed due to random errors in measurements at a 95 percent confidence level.

SECTION 12. A-E 7.06 (2) is repealed.

SECTION 13. A-E 7.06 (3) is amended to read:

A-E 7.06 (3)  The maximum allowable deviation in relative positional accuracy for a survey is plus or minus 0.07 foot plus 50 parts per million, based on the direct distance between the any two adjacent property corners being tested. In certain circumstances, the size or configuration of the surveyed property, or the relief, vegetation or improvements on the surveyed property will result in survey measurements for which the maximum allowable relative positional precision may be exceeded at the discretion of the licensee performing the survey. The licensee shall provide justification for exceeding the maximum allowable relative positional accuracy. may not exceed plus or minus 0.13 foot plus 100 parts per million.

SECTION 14. A-E 7.07 is amended to read:

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.