11. Current law provides a penalty of not more than $250 or imprisonment for
not more than one year in the county jail for various violations related to the
placement of monuments by a surveyor. The bill provides that each monument to
which a violation applies is a separate violation and therefore subject to a separate
penalty.
The bill codifies the holding of the Wisconsin Supreme Court in FAS, LLC v.
Town of Bass Lake
, 2007 WI 73, 301 Wis. 2d 321, 733 N.W.2d 287, by specifying that,
unless a local ordinance provides otherwise, a navigable stream running through a

parcel of property does not, in and of itself, divide the parcel into two lots if the same
person holds title to the property on both sides of the stream.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB394,1 1Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:
SB394,7,122 15.405 (2) Examining board of architects, landscape architects,
3professional engineers, designers
, and professional land surveyors. (intro.)
4There is created an examining board of architects, landscape architects, professional
5engineers, designers, and professional land surveyors in the department of safety
6and professional services. Any professional member appointed to the examining
7board shall be registered or licensed to practice architecture, landscape architecture,
8professional engineering, the design of engineering systems, or professional land
9surveying under ch. 443. The examining board shall consist of the following
10members appointed for 4-year terms: 3 architects, 3 landscape architects, 3
11professional engineers, 3 designers, 3 professional land surveyors, and 10 public
12members.
SB394,7,1813 (a) In operation, the examining board shall be divided into an architect section,
14a landscape architect section, an engineer section, a designer section , and a
15professional land surveyor section. Each section shall consist of the 3 members of
16the named profession appointed to the examining board and 2 public members
17appointed to the section. The examining board shall elect its own officers, and shall
18meet at least twice annually.
SB394,8,319 (b) All matters pertaining to passing upon the qualifications of applicants for
20and the granting or revocation of registration or licensure, and all other matters of

1interest to either the architect, landscape architect, engineer, designer, or
2professional land surveyor section shall be acted upon solely by the interested
3section.
SB394,2 4Section 2. 20.165 (2) (j) of the statutes, as affected by 2013 Wisconsin Act 20,
5is amended to read:
SB394,8,146 20.165 (2) (j) Safety and building operations. The amounts in the schedule for
7the purposes of chs. 101 and 145 and ss. 167.35, 236.12 (2) (a) (ap), 236.13 (1) (d) and
8(2m), and 236.335, for the purpose of transferring the amounts in the schedule under
9par. (kg) to the appropriation account under par. (kg), and for the purpose of
10transferring the amounts in the schedule under par. (km) to the appropriation
11account under par. (km). All moneys received under ch. 145, ss. 101.178, 101.19,
12101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f),
13and 236.12 (7) and all moneys transferred under 2005 Wisconsin Act 45, section 76
14(6)
, shall be credited to this appropriation account.
SB394,3 15Section 3. 26.09 (3) (b) 1. of the statutes is amended to read:
SB394,8,2216 26.09 (3) (b) 1. A court shall award damages that equal the stumpage value of
17the raw forest products harvested if the person harvesting the raw forest products
18or the person giving consent for the harvesting reasonably relied upon a recorded
19survey that was done by a person who is registered licensed under ch. 443 as a
20professional land surveyor or who is issued a permit to practice land surveying under
21s. 443.06
even if the recorded survey is determined, after the harvesting, to be in
22error.
SB394,4 23Section 4. 30.11 (3) of the statutes is amended to read:
SB394,9,1024 30.11 (3) How established. Whenever any municipality proposes to establish
25a bulkhead line or to reestablish an existing bulkhead line, the municipality shall

1indicate both the existing shore and the proposed bulkhead line upon a map and shall
2file with the department for its approval 6 copies of the map and 6 copies of the
3ordinance establishing the bulkhead line. The map shall use a scale of not less than
4100 feet to an inch or any other scale required by the department. The map and a
5metes and bounds description of the bulkhead line shall be prepared by a
6professional land surveyor registered in this state licensed under ch. 443. The
7department may require the installation of permanent reference markers to the
8bulkhead line. Upon approval by the department, the municipality shall deliver the
9map, description, and ordinance to the office of the register of deeds of the county in
10which the bulkhead line lies, to be recorded by the register of deeds.
SB394,5 11Section 5. 30.13 (3) (a) of the statutes is amended to read:
SB394,9,1912 30.13 (3) (a) Any municipality authorized by s. 30.11 to establish a bulkhead
13line may also establish a pierhead line in the same manner as it is authorized to
14establish a bulkhead line, except that a metes and bounds legal description is not
15required nor is the map required to be prepared by a registered professional land
16surveyor licensed under ch. 443 and except that if the municipality has created a
17board of harbor commissioners the municipality must obtain the approval of the
18board concerning the establishment of the pierhead line in addition to obtaining the
19approval of the department.
SB394,6 20Section 6. 59.001 (3r) of the statutes is created to read:
SB394,9,2221 59.001 (3r) "Professional land surveyor" means a professional land surveyor
22licensed under ch. 443.
SB394,7 23Section 7. 59.20 (2) (c) of the statutes is amended to read:
SB394,9,2524 59.20 (2) (c) In counties that elect a surveyor, the surveyor shall be a registered
25professional land surveyor. In lieu of electing a surveyor in any county having a

1population of less than 500,000, the board may, by resolution, designate that the
2duties under ss. 59.45 (1) and 59.74 (2) be performed by any registered professional
3land surveyor employed by the county. Any surveyor employed by a county having
4a population of 500,000 or more shall be a professional land surveyor.
SB394,8 5Section 8. 59.43 (8) of the statutes is amended to read:
SB394,10,156 59.43 (8) Required signature and seal on survey document for filing or
7recording.
It is unlawful for the register of deeds of any county or any proper public
8authority to file or record a map, plat, survey, or other document within the definition
9of the practice of professional land surveying under s. 443.01 (6s), which does not
10have impressed thereon, and affixed thereto, the personal signature and seal of a
11registered professional land surveyor under whose responsible charge the map, plat,
12survey, or other document was prepared. This subsection does not apply to any deed,
13contract, or other recordable document prepared by an attorney, or to a
14transportation project plat that conforms to s. 84.095 and that is prepared by a state
15agency
.
SB394,9 16Section 9. 59.45 (1) (a) 2. of the statutes is amended to read:
SB394,11,317 59.45 (1) (a) 2. Make, personally or by a deputy, a record, in books or on
18drawings and plats that are kept for that purpose, of all corners that are set and the
19manner of fixing the corners and of all bearings and the distances of all courses run,
20of each survey made personally, by deputies or by other professional land surveyors
21and arrange or index the record so it is an easy to use easy-to-use reference and file
22and preserve in the office the original field notes and calculation thereof. Within 60
23days after completing any survey, the county surveyor shall make a true and correct
24copy of the foregoing record, in record books or on reproducible papers to be furnished
25by the county and kept in files in the office of the county surveyor to be provided by

1the county. In a county with a population of 500,000 or more where there is no county
2surveyor, a copy of the record shall also be filed in the office of the regional planning
3commission which acts in the capacity of county surveyor for the county.
SB394,10 4Section 10. 59.45 (1) (b) of the statutes is amended to read:
SB394,11,115 59.45 (1) (b) Surveys for individuals or corporations may be performed by any
6professional land surveyor who is employed by the parties requiring the services,
7providing that within 60 days after completing any survey the professional land
8surveyor files a true and correct copy of the survey in the office of the county surveyor.
9In counties with a population of 500,000 or more the copy shall be filed in the office
10of the register of deeds and in the office of the regional planning commission which
11acts in the capacity of county surveyor for the county.
SB394,11 12Section 11. 59.45 (3) of the statutes is amended to read:
SB394,11,1513 59.45 (3) Surveyor; fees. In addition to the regular fees of professional land
14surveyors that are received from the parties employing the county surveyor, the
15county surveyor may receive a salary from the county.
SB394,12 16Section 12. 59.46 of the statutes is amended to read:
SB394,11,20 1759.46 Penalty for nonfeasance. Any county surveyor, any city, village, or
18town engineer, or any professional land surveyor who fails or refuses to perform any
19duty required of that person by law shall forfeit not less than $25 nor more than $50
20for each such failure or refusal.
SB394,13 21Section 13. 59.72 (3m) (a) 4m. of the statutes is amended to read:
SB394,11,2322 59.72 (3m) (a) 4m. The county surveyor or a registered professional land
23surveyor employed within the county.
SB394,14 24Section 14. 59.73 (2) of the statutes is amended to read:
SB394,12,8
159.73 (2) Subdividing sections. Whenever a county surveyor or professional
2land surveyor
is required to subdivide a section or smaller subdivision of land
3established by the United States survey, the county surveyor or professional land
4surveyor
shall proceed according to the statutes of the United States and the rules
5and regulations made by the secretary of the interior in conformity to the federal
6statutes. While so engaged a professional land surveyor and the professional land
7surveyor's assistants shall not be liable as a trespasser and shall be liable only for
8any actual damage done to land or property.
SB394,15 9Section 15. 59.74 (2) (b) 1. of the statutes is amended to read:
SB394,13,210 59.74 (2) (b) 1. Whenever it becomes necessary to destroy, remove, or cover up
11in such a way that will make it inaccessible for use, any landmark, monument of
12survey, or corner post within the meaning of this subsection, the person including
13employees of governmental agencies who intend to commit such act shall serve
14written notice at least 30 days prior to the act upon the county surveyor of the county
15within which the landmark is located. Notice shall also be served upon the
16municipality's engineer if the landmark is located within the corporate limits of a
17municipality. The notice shall include a description of the landmark, monument of
18survey, or corner post and the reason for removing or covering it. In this paragraph,
19removal of a landmark includes the removal of railroad track by the owner of the
20track. In a county having a population of less than 500,000 where there is no county
21surveyor, notice shall be served upon the clerk. In a county with a population of
22500,000 or more where there is no county surveyor, notice shall be served upon the
23executive director of the regional planning commission which acts in the capacity of
24county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice

1the clerk shall appoint a registered professional land surveyor to perform the duties
2of a county surveyor under subd. 2.
SB394,16 3Section 16. 59.74 (2) (c) of the statutes is amended to read:
SB394,13,104 59.74 (2) (c) In those counties where there are no county surveyors a petition
5can be made to the board by any resident of this state requesting the board to appoint
6a professional land surveyor to act in the capacity of the county surveyor. The board,
7upon receipt of this petition, shall appoint a professional land surveyor to act in the
8capacity of the county surveyor. In counties with a population of 500,000 or more,
9the board may appoint a governmental agency to act in the capacity of county
10surveyor.
SB394,17 11Section 17. 59.74 (2) (g) of the statutes is amended to read:
SB394,13,1412 59.74 (2) (g) Every professional land surveyor and every officer of the
13department of natural resources and the district attorney shall enforce this
14subsection.
SB394,18 15Section 18. 59.74 (2) (h) of the statutes is amended to read:
SB394,14,516 59.74 (2) (h) Any registered professional land surveyor employed by the
17department of transportation or by a county highway department, may, incident to
18employment as such, assume and perform the duties and act in the capacity of the
19county surveyor under this subsection with respect to preservation and perpetuation
20of landmarks, witness monuments, and corner posts upon and along state trunk,
21county trunk, and town highways. Upon completing a survey and perpetuating
22landmarks and witness monuments under par. (b) 2., a professional land surveyor
23employed by the state shall file the field notes and records in the district office or
24main office of the department of transportation, and a professional land surveyor
25employed by a county shall file the field notes and records in the office of the county

1highway commissioner, open to inspection by the public, and in either case a true and
2correct copy of the field notes and records shall be filed with the county surveyor. In
3a county with a population of 500,000 or more where there is no county surveyor, a
4copy of the field notes and records shall also be filed in the office of the regional
5planning commission which acts in the capacity of county surveyor for the county.
SB394,19 6Section 19. 59.74 (2) (j) of the statutes is amended to read:
SB394,14,97 59.74 (2) (j) The county surveyor may employ other professional land surveyors
8to assist in this work and may accept reference checks for these corners from any
9professional land surveyor.
SB394,20 10Section 20. 59.75 of the statutes is amended to read:
SB394,14,18 1159.75 Certificates and records as evidence. The certificate and also the
12official record of the county surveyor when produced by the legal custodian thereof,
13or any of the county surveyor's deputies, when duly signed by the county surveyor
14in his or her official capacity, shall be admitted as evidence in any court within the
15state, but the same may be explained or rebutted by other evidence. If any county
16surveyor or any of his or her deputies are interested in any tract of land a survey of
17which becomes necessary, such survey may be executed by any professional land
18surveyor appointed by the board.
SB394,21 19Section 21. 60.84 (1) of the statutes is renumbered 60.84 (1r) and amended to
20read:
SB394,14,2421 60.84 (1r) Survey, contract for. The town board may contract with the county
22surveyor or any registered professional land surveyor to survey all or some of the
23sections in the town and to erect monuments under this section as directed by the
24board.
SB394,22 25Section 22. 60.84 (1g) of the statutes is created to read:
SB394,15,2
160.84 (1g) Definition. In this section, "professional land surveyor" means a
2professional land surveyor licensed under ch. 443.
SB394,23 3Section 23. 60.84 (2) of the statutes is amended to read:
SB394,15,64 60.84 (2) Bond. Before the town board executes a contract under sub. (1) (1r),
5the county surveyor or professional land surveyor shall execute and file with the
6town board a surety bond or other financial security approved by the town board.
SB394,24 7Section 24. 60.84 (3) (a) of the statutes is amended to read:
SB394,15,168 60.84 (3) (a) Monuments shall be set on section and quarter-section corners
9established by the United States survey. If there is a clerical error or omission in the
10government field notes or if the bearing trees, mounds, or other location identifier
11specified in the notes is destroyed or lost, and if there is no other reliable evidence
12by which a section or quarter-section corner can be identified, the county surveyor
13or professional land
surveyor shall reestablish the corner under the rules adopted by
14the federal government in the survey of public lands. The county surveyor or
15professional land
surveyor shall set forth his or her actions under this paragraph in
16the certificate U.S. public land survey monument record under sub. (4).
SB394,25 17Section 25. 60.84 (3) (c) (intro.) and 1. of the statutes are amended to read:
SB394,15,2018 60.84 (3) (c) (intro.) To establish, relocate, or perpetuate a corner, the county
19surveyor or professional land
surveyor shall set in the proper place a monument, as
20determined by the town board, consisting of any of the following:
SB394,15,2321 1. A stone or other equally durable material, not less than 3 feet long and 6
22inches square, with perpendicular, dressed sides and a square, flat top. As
23prescribed by the town board, the top shall be engraved with either of the following:
SB394,15,2424 a. A cross formed by lines connecting the corners of the top; or.
SB394,16,2
1b. If the monument is set at a section corner, the number of the section or, if set
2at a quarter-section corner, "1/4S"; or.
SB394,26 3Section 26. 60.84 (3) (c) 3. of the statutes is created to read:
SB394,16,54 60.84 (3) (c) 3. An equivalent monument agreed upon by all parties of the
5contract.
SB394,27 6Section 27. 60.84 (4) of the statutes is amended to read:
SB394,16,167 60.84 (4) Certificate U.S. public land survey monument record. The county
8surveyor or professional land
surveyor shall prepare a certificate U.S. public land
9survey monument record
setting forth a complete and accurate record of any survey
10monument erected on section and quarter section corners under this section,
11including the exact bearings and distances of each monument from each other
12monument nearest it on any line in the town. The certificate U.S. public land survey
13monument record and a map of any additional monuments set
shall be recorded in
14the office of the register of deeds or filed in the office of the county surveyor of the
15county in which the surveyed land is located and of the adjoining county if a
16monument is located on the county line
.
SB394,28 17Section 28. 66.0309 (11) of the statutes is amended to read:
SB394,17,818 66.0309 (11) Matters referred to regional planning commission. The officer
19or public body of a local governmental unit within the region having final authority
20may refer to the regional planning commission, for its consideration and report, the
21location or acquisition of land for any of the items or facilities which that are included
22in the adopted regional master plan. Within 20 days after the matter is referred to
23the regional planning commission or a longer period as may be stipulated by the
24referring officer or public body, the commission shall report its recommendations to
25the referring officer or public body. The report and recommendations of the

1commission shall be advisory only. A state agency may authorize the regional
2planning commission with the consent of the commission to act for the agency in
3approving, examining, or reviewing plats, under s. 236.12 (2) (a) (ap). A regional
4planning commission authorized by a local unit on November 1, 1980 , to act for the
5local unit in approving plats may continue to so act until the commission withdraws
6its consent or the local unit its approval. A local unit may authorize a regional
7planning commission, with the consent of the commission, to conduct an advisory
8review of plats.
SB394,29 9Section 29. 70.27 (2) of the statutes is amended to read:
SB394,17,1410 70.27 (2) Certification, approval, recording. Such plat, when completed and
11certified as provided by this section, and when approved by the governing body, shall
12be acknowledged by the clerk thereof and recorded in the office of the register of
13deeds. No plat may be recorded in the office of the register of deeds unless it is
14produced on media that is acceptable to the register of deeds.
SB394,30 15Section 30. 70.27 (5) of the statutes is amended to read:
SB394,18,1716 70.27 (5) Surveys, reconciliations. The surveyor making the plat shall be a
17professional land surveyor licensed under ch. 443 and shall
survey and lay out the
18boundaries of each parcel, street, alley, lane, roadway, or dedication to public or
19private use, according to the records of the register of deeds, and whatever evidence
20that may be available to show the intent of the buyer and seller, in the chronological
21order of their conveyance or dedication, and set temporary monuments to show the
22results of such survey which shall be made permanent upon recording of the plat as
23provided for in this section. The map shall be at a scale of not more than 100 feet per
24inch, unless waived in writing by the department of administration under s. 236.20
25(2) (L). The owners of record of lands in the plat shall be notified by certified letter

1mailed to their last-known address, in order that they shall have opportunity to
2examine the map, view the temporary monuments, and make known any
3disagreement with the boundaries as shown by the temporary monuments. It is the
4duty of the professional land surveyor making the plat to reconcile any discrepancies
5that may be revealed, so that the plat as certified to the governing body is in
6conformity with the records of the register of deeds as nearly as is practicable. When
7boundary lines between adjacent parcels, as evidenced on the ground, are mutually
8agreed to in writing by the owners of record, such lines shall be the true boundaries
9for all purposes thereafter, even though they may vary from the metes and bounds
10descriptions previously of record. Such written agreements shall be recorded in the
11office of the register of deeds. On every assessor's plat, as certified to the governing
12body, shall appear the volume, page, and document number of the metes and bounds
13description of each parcel, as recorded in the office of the register of deeds, which
14shall be identified with the number by which such parcel is designated on the plat,
15except that lots which have been conveyed or otherwise acquired but upon which no
16deed is recorded in the office of register of deeds may be shown on an assessor's plat
17and when so shown shall contain a full metes and bounds description.
SB394,31 18Section 31. 70.27 (6) of the statutes is amended to read:
SB394,18,2519 70.27 (6) Monuments, plat requirements. The provisions of s. 236.15 as to
20monuments, and the provisions of s. 236.20 as to form and procedure, insofar as they
21are applicable to the purposes of assessors' plats, shall apply. Any stake or
22monument found and accepted as correct by a professional land surveyor laying out
23an assessor's plat shall be indicated as "stake found" or "monument found" when
24mapping the plat and such stake or monument shall not be removed or replaced even
25though it is inconsistent with the standards of s. 236.15.
SB394,32
1Section 32. 70.27 (7) (intro.) of the statutes is amended to read:
SB394,19,52 70.27 (7) Certificate. (intro.) When completed, the assessor's plat shall be
3filed with the clerk of the governing body that ordered the plat. On its title page shall
4appear the sworn certificate of the professional land surveyor who made the plat,
5which shall state and contain:
SB394,33 6Section 33. 70.27 (7) (d) of the statutes is amended to read:
SB394,19,87 70.27 (7) (d) A statement that the professional land surveyor has fully complied
8with the provisions of this section in filing the same.
SB394,34 9Section 34. 84.095 (5) of the statutes is amended to read:
SB394,19,1510 84.095 (5) Surveyor's Professional land surveyor's certificate. A plat
11prepared for filing or recording under this section shall include a certificate of a
12professional land surveyor registered licensed under s. 443.06 that the plat is a
13correct representation of the project described and that the identification and
14location of each parcel can be determined from the plat. This subsection does not
15apply to plats prepared by the department.
SB394,35 16Section 35. 157.061 (13m) of the statutes is created to read:
SB394,19,1817 157.061 (13m) "Professional land surveyor" means a professional land
18surveyor licensed under ch. 443.
SB394,36 19Section 36. 157.07 (1) of the statutes is amended to read:
SB394,20,220 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a
21professional land surveyor registered in this state those portions of the lands that are
22from time to time required for burial, into cemetery lots, drives, and walks, and
23record a plat or map of the land in the office of the register of deeds. The plat or map
24may not be recorded unless laid out and platted to the satisfaction of the county board

1of the county, and the town board of the town in which the land is situated, or, if the
2land is situated within a 1st class city, then only by the common council of that city.
SB394,37 3Section 37. 157.07 (2) of the statutes is amended to read:
SB394,20,164 157.07 (2) The plat or map location of the lands shall show the exact location
5of the tract being subdivided with reference to a corner or corners established in the
6United States public land survey by bearings and distances
be indicated on the plat
7or map by bearing and distance from a boundary line of a government lot, quarter
8section, recorded private claim, or federal reservation in which the subdivision is
9located. The monumentation at the ends of the boundary line shall be described and
10the bearing and distance between them shown
, and the plat or map shall show a
11small scale drawing of the section or government subdivision of the section in which
12the cemetery plat is situated, with the cemetery plat indicated. The plat or map shall
13include the certificate of the professional land surveyor containing the name of the
14cemetery authority, the date of the survey, the professional land surveyor's stamp or
15seal and signature, and the professional land surveyor's statement that the survey
16is true and correct to the professional land surveyor's best knowledge and belief.
SB394,38 17Section 38. 157.07 (3) of the statutes is amended to read:
SB394,21,318 157.07 (3) The plat or map shall be made on a durable white media that is 22
19inches wide by 30 inches long, or on any other media that is acceptable to the register
20of deeds,
with a permanent nonfading black image. Seals or signatures that are
21reproduced on images that comply with this subsection have the force and effect of
22original seals and signatures. When more than one sheet is used for any one plat or
23map, they shall be numbered consecutively and each sheet shall contain a notation
24showing the whole number of sheets in the plat, and its relation to the other sheets.
25The sheets may be provided by the county through the register of deeds on terms

1determined by the county board. The professional land surveyor shall leave a
2binding margin of 1.5 inches on the left side of the 30-inch length and a one-inch
3margin
one inch on all other sides.
SB394,39 4Section 39. 236.02 (2m) of the statutes is amended to read:
SB394,21,85 236.02 (2m) "Correction instrument" means an instrument drafted by a
6licensed professional land surveyor that complies with the requirements of s.
7236.295 and that, upon recording, corrects a subdivision plat or a certified survey
8map.
SB394,40 9Section 40. 236.02 (9b) of the statutes is created to read:
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