EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : EXAMINING BOARD OF
EXAMINING BOARD OF ARCHITECTS, : ARCHITECTS, LANDSCAPE
LANDSCAPE ARCHITECTS, : ARCHITECTS, PROFESSIONAL
PROFESSIONAL ENGINEERS, : ENGINEERS, DESIGNERS, AND
DESIGNERS, AND PROFESSIONAL : PROFESSIONAL LAND SURVEYORS
LAND SURVEYORS : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-153)
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ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal s. A-E 7.02 (1) and (2) and s. A-E 7.06 (2); to renumber and amend s. A-E 7.03 and s. A-E 7.08 (2); to amend s. A-E 7.02 (3), s. A-E 7.025, s. A-E 7.04 (1), (3), and (4), s. A-E 7.05, s. A-E 7.06 (title) and (1), s. A-E 7.06 (3), s. A-E 7.07, s. A-E 7.08 (1) (intro.) and (a) to (c), s. A-E 7.08 (2) (Note), and s. A-E 7.08 (3) (i); to repeal and recreate s. A-E 7.01; and to create s. A-E 7.02 (1m), s. A-E 7.03 (2), s. A-E 7.05 (7m), s. A-E 7.06 (1m), s. A-E 7.08 (1g) and (1r), s. A-E 7.08 (2) (b), and s. A-E 7.08 (4), relating to minimum standards for property surveys. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…” Section 443.015 (2), Stats., provides that “each section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.” Related statute or rule:
A-E 2, relating to general requirements and procedures; A-E 8, relating to professional conduct
Plain language analysis:
The Section conducted an evaluation and update of ch. A-E 7 to ensure consistency with current professional practices and applicable Wisconsin statutes. As a result, the following updates have been made:
Recreates A-E 7.01 to require that all property surveys performed by professional land surveyors comply with the minimum accuracies required by A-E 7.06, and to enumerate the sections of A-E 7 that professional land surveyors and clients may exclude from their contracts.
Amends the definition of “survey report” to remove the requirement that the existing map have been recorded or filed within the last 6 years.
Clarifies that maps shall show evidence of possession or use by others if observed by the professional land surveyor while establishing corners.
Creates requirements for U.S. Public Land Survey Monument Record Addendums, as an alternative to U.S. Public Land Survey Monument Records, where the witness ties or monuments have been destroyed or disturbed.
Replaces references to “registers of deeds” or “county surveyor” with “the county office deemed appropriate to receive and retain property survey records.”
Simplifies the relative positional accuracy measurements provision.
Amends the chapter to conform to drafting standards for consistency and clarity, revises provisions to be more clear, and updates cross-references in light of other amendments.Summary of, and comparison with, existing or proposed federal regulation:
When the land was first surveyed in Wisconsin, it was divided into a grid and each grid is approximately 36 square miles (the measurements were not always precise due to the instruments the surveyors were using, among other limitations). This grid system is known as the U.S. Public Land Survey System (PLSS). Where federal interests and rights exist, the Bureau of Land Management (BLM) is the legally identified authority and data steward for the PLSS under the Office of Management and Budget (OMB) Revised Circular A-16. The Circular provides direction for federal agencies that produce, maintain, or use spatial data either directly or indirectly in the fulfillment of their mission and provides for improvements in the coordination and use of spatial data. The Circular also describes effective and economical use and management of spatial data assets in the digital environment for the benefit of the federal government and the nation. The Circular establishes a coordinated approach to electronically develop the National Spatial Data Infrastructure and establishes the Federal Geographic Data Committee (FGDC).
Individual states and counties have authority and data stewardship where no such federal interests or rights exist.
Comparison with rules in adjacent states:
Illinois:
The Land Surveyors Licensing Board is under the Illinois Department of Financial and Professional Regulation and advises the Secretary on matters of education, experience, professional conduct and competence. Illinois has a chapter on the Minimum Standards of Practice for professional land surveyors. The chapter outlines standards for ALTA/ACSM land title surveys, boundary surveys, condominium surveys, subdivision surveys, mortgage inspections, topographic surveys, and minimum standards for writing parcel legal descriptions. Section 1270.56, Illinois Administrative Code.
Iowa:
The Engineering and Land Surveying Examining Board is under the Iowa Professional Licensing Bureau. Iowa has a chapter on Standards for Land Surveying for professional land surveyors. The chapter outlines standards for plats of surveys, plats for subdivisions, U.S. public land survey corner certificates, and requirements relating to the Iowa plane coordinate system, boundary locations, measurements, and monumentation. Chapter 355, Standards for Land Surveying. Michigan:
The Michigan Board of Professional Surveyors is under the Department of Licensing and Regulatory Affairs. Michigan has standards of practice and professional conduct on the solicitation of employment, conflicts of interest, and requirements for competence and that, “[a] licensee is responsible for clear, accurate, and complete development of plats, plans, drawings, specifications, survey reports, and other instruments of service as is customary in the practice of the licensee's profession, and the material shall properly satisfy the need for which it is intended.” R 339.17403 (2), Michigan Administrative Code. No more specific minimum standards for property surveys are established by administrative rule.
Minnesota:
The Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design regulates the professions and enforces the statutes and rules in order to protect the health, safety and welfare of the public. Chapter 1805 outlines rules of professional conduct for all of the professions of the Board for professional and personal conduct, conflicts of interest, improper solicitation of employment, false or malicious statements, knowledge of the misconduct of others, and discrimination. Chapter 1805, Minnesota Rules. No more specific minimum standards for property surveys are established by administrative rule.
Summary of factual data and analytical methodologies:
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 rules were posted for a period of 14 days to solicit public comment on economic impact, including how the 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 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 Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. 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 608-261-4472; email at DSPSAdminRules@wisconsin.gov. 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 DSPSAdminRules@wisconsin.gov. 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. ------------------------------------------------------------------------------------------------------------
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 into a written agreement, signed by both parties, 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 existence of 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.
