In addition, the substitute amendment changes the name of the section to the
professional land surveyor section and changes the name of the board to the
examining board of architects, landscape architects, professional engineers,
designers and professional land surveyors. The substitute amendment also replaces
various references under current law to "registered land surveyor," "land surveyor,"
and "surveyor" with "professional land surveyor."
After July 1, 2018, the substitute amendment requires employees of this state
and public utilities to obtain a license or permit to engage in the practice of
professional land surveying. Such employees are exempt from the certificate of
registration and permit requirements under current law.
The substitute amendment creates a new exemption from licensure for
employees of a cooperative association organized under the laws of this state for the
purpose of producing or furnishing heat, light, power, or water for its members while
the employees are engaged in the practice of professional land surveying. This
exemption from licensure does not apply after July 1, 2018.
The substitute amendment creates an exemption from licensure for employees
of the Department of Agriculture, Trade and Consumer Protection (DATCP) who are
engaged in establishing the boundaries of easements acquired by DATCP under the
Conservation Reserve Enhancement Program (CREP), if the DATCP employees
include on any map prepared in connection with a CREP easement a written
disclaimer indicating that the map has not been prepared by a professional land
surveyor licensed under chapter 443 of the statutes, and has been prepared using
protocols established by the Federal Department of Agriculture under the Wetlands
Reserve Program,
16 USC 3837 to
3837f.
The substitute amendment also exempts from licensure employees of state
agencies and local units of government who operate a land information system or
geographic information system and who prepare maps on that system if the maps
show approximate property boundaries and if the maps contain the following or a
substantially similar disclaimer:
"This map shows the approximate relative location of property boundaries but
was not prepared by a professional land surveyor. This map is provided for
informational purposes only and may not be sufficient or appropriate for legal,
engineering, or surveying purposes."
The substitute amendment also exempts from licensure persons who prepare
any of the following maps: a) a map used in connection with a regulatory program
established by, or in connection with the exercise of police powers by, or in connection
with the enforcement of the public trust doctrine or any other constitutional
authority by, the state or a local unit of government or b) a map showing the
boundaries or the shape and area of land designated as forest cropland or as
managed forest land by the Department of Natural Resources (DNR), if the map
includes a disclaimer substantially similar to the disclaimer required under the
substitute amendment on certain maps prepared by employees of state agencies and
local units of government who operate land information systems and geographic
information systems.
Under current law, a professional surveyor who prepares a lake or stream shore
plat must show certain dimensions as measured from the ordinary high water mark
(OHWM) of the lake or stream. The substitute amendment authorizes a professional
land surveyor to incorporate an OHWM that has been determined by the DNR or that
has otherwise been determined by law or to approximate the OHWM. The substitute
amendment requires that statements be included on the face of certain plats or maps
that explain that the land below the OHWM of a navigable water is subject to the
public trust doctrine for navigable waters and that exposed land between the OHWM
and the water's edge is to be used exclusively by the owner of the adjacent waterfront
property, unless otherwise provided by law or by the owner's title.
The substitute amendment exempts a professional land surveyor and an
employee working under the direct supervision of the professional land surveyor
from civil liability for trespass occurring during the practice of professional land
surveying or damage caused as a result of the surveyor's approximation of an OHWM
or of high and low water elevations, provided the action of the surveyor or his or her
employee were in good faith and not reckless, wanton, or involving intentional
misconduct.
Under current law, with limited exceptions, a county register of deeds may not
record a map, plat, survey, or other document within the definition of land surveying
unless the map, plat, survey, or other document contains the signature and seal of
the land surveyor under whose charge the document was prepared. This limitation
on recording does not apply to a deed, contract, or other recordable document
prepared by an attorney, or to a transportation project plat prepared by a state
agency if the plat conforms to the requirements established for transportation
project plats under current law. This substitute amendment requires that a map,
plat, survey, or other document within the definition of the practice of professional
land surveying bear the signature and seal of the professional land surveyor in order
for the map, plat, survey, or other document to be recorded with the county register
of deeds, and creates two additional exceptions to the signature and seal
requirements. Under the substitute amendment, the signature and seal of a
professional land surveyor is not required on any of the following documents: a) a
map that depicts the approximate boundaries or the shape and area of one or more
tracts of land or one or more interests in real property if either a legal description of
the tract or tracts of land or interest or interests in real property, or a map, survey,
plat, or other document that depicts the tract or tracts of land or interest or interests
in real property and that bears the signature and seal of the professional land
surveyor who prepared the map, plat, survey, or other document is incorporated into
or attached to and submitted for recording with the map; and b) a map that depicts
the boundaries of CREP easement acquired by DATCP if the map is prepared in
accordance with the requirements established in this substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB271-ASA1, s. 1
1Section
1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:
AB271-ASA1,5,122
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
6regulation and licensing. 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
the practice of
9professional land surveying under ch. 443. The examining board shall consist of the
10following members appointed for 4-year terms: 3 architects, 3 landscape architects,
113 professional engineers, 3 designers, 3
professional land surveyors
, and 10 public
12members.
AB271-ASA1,6,213
(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
1appointed to the section. The examining board shall elect its own officers
, and shall
2meet at least twice annually.
AB271-ASA1,6,73
(b) All matters pertaining to passing upon the qualifications of applicants for
4and the granting or revocation of registration
or licensure, and all other matters of
5interest to either the architect, landscape architect, engineer, designer
, or
6professional land surveyor section shall be acted upon solely by the interested
7section.
AB271-ASA1,6,159
16.967
(3) (f) Ensure that state agencies and local governmental units with
10land information responsibilities include on any map that depicts the boundary of
11one or more tracts of land, or of one or more interests in real property, the following
12or a substantially similar disclaimer if the map was prepared using the land
13information system, but was not prepared by a professional land surveyor, as defined
14in s. 443.01 (7m), engaged in the practice of professional land surveying, as defined
15in s. 443.01 (6s):
AB271-ASA1,6,19
16"This map shows the approximate relative location of property boundaries but
17was not prepared by a professional land surveyor. This map is provided for
18informational purposes only and may not be sufficient or appropriate for legal,
19engineering, or surveying purposes."
AB271-ASA1, s. 3
20Section
3. 26.09 (3) (b) 1. of the statutes is amended to read:
AB271-ASA1,7,221
26.09
(3) (b) 1. A court shall award damages that equal the stumpage value of
22the raw forest products harvested if the person harvesting the raw forest products
23or the person giving consent for the harvesting reasonably relied upon a recorded
24survey that was done by a person who is
registered
licensed under ch. 443 as a
25professional land surveyor or who is issued a permit to
engage in the practice
of
1professional land surveying under s. 443.06 even if the recorded survey is
2determined, after the harvesting, to be in error.
AB271-ASA1,7,154
30.11
(3) How established. Whenever any municipality proposes to establish
5a bulkhead line or to reestablish an existing bulkhead line, the municipality shall
6indicate both the existing shore and the proposed bulkhead line upon a map and shall
7file with the department for its approval 6 copies of the map and 6 copies of the
8ordinance establishing the bulkhead line. The map shall use a scale of not less than
9100 feet to an inch or any other scale required by the department. The map and a
10metes and bounds description of the bulkhead line shall be prepared by a
11professional land surveyor
registered in this state licensed under ch. 443. The
12department may require the installation of permanent reference markers to the
13bulkhead line. Upon approval by the department, the municipality shall deliver the
14map, description
, and ordinance to the office of the register of deeds of the county in
15which the bulkhead line lies, to be recorded by the register of deeds.
AB271-ASA1,7,2417
30.13
(3) (a) Any municipality authorized by s. 30.11 to establish a bulkhead
18line may also establish a pierhead line in the same manner as it is authorized to
19establish a bulkhead line, except that a metes and bounds legal description is not
20required nor is the map required to be prepared by a
registered professional land
21surveyor
licensed under ch. 443 and except that if the municipality has created a
22board of harbor commissioners the municipality must obtain the approval of the
23board concerning the establishment of the pierhead line in addition to obtaining the
24approval of the department.
AB271-ASA1,8,2
159.001
(2k) "Professional land surveyor" means a professional land surveyor
2licensed under ch. 443.
AB271-ASA1,8,94
59.20
(2) (c) In counties that elect a surveyor, the surveyor shall be a
registered
5professional land surveyor. In lieu of electing a surveyor in any county having a
6population of less than 500,000, the board may, by resolution, designate that the
7duties under ss. 59.45 (1) and 59.74 (2) be performed by any
registered professional 8land surveyor employed by the county.
Any surveyor employed by a county having
9a population of 500,000 or more shall be a professional land surveyor.
AB271-ASA1, s. 8
10Section
8. 59.43 (8) of the statutes is renumbered 59.43 (8) (intro.) and
11amended to read:
AB271-ASA1,8,1912
59.43
(8) Required signature and seal on survey document for filing or
13recording. (intro.) It is unlawful for the register of deeds of any county or any proper
14public authority to file or record a map, plat, survey
, or other document within the
15definition of
the practice of professional land surveying
under s. 443.01 (6s), which
16does not have impressed thereon, and affixed thereto, the personal signature and
17seal of a
registered professional land surveyor under whose responsible charge the
18map, plat, survey
, or other document was prepared. This subsection does not apply
19to any
of the following:
AB271-ASA1,8,21
20(a) A deed, contract
, or other recordable document prepared by an attorney
, or
21to a.
AB271-ASA1,8,23
22(c) A transportation project plat that conforms to s. 84.095 and that is prepared
23by a state agency.
AB271-ASA1,9,4
159.43
(8) (b) A map that depicts the approximate boundaries or the shape and
2area of one or more tracts of land or one or more interests in real property if any of
3the following are incorporated into or attached to and submitted for recording with
4the map:
AB271-ASA1,9,75
1. A legal description of the tract or tracts of land or interest or interests in real
6property. In this subdivision, legal description has the meaning given in s. 706.01
7(7r).
AB271-ASA1,9,138
2. A map, plat, survey, or other document within the definition of the practice
9of professional land surveying under s. 443.01 (6s) that depicts the boundaries of the
10tract or tracts of land or interest or interests in real property and that has impressed
11thereon, and affixed thereto, the personal signature of a professional land surveyor
12under whose responsible charge the map, plat, survey, or other document was
13prepared.
AB271-ASA1,9,1615
59.43
(8) (d) A map that depicts the boundaries of an easement acquired by the
16department of agriculture, trade and consumer protection under s. 93.70.
AB271-ASA1, s. 11
17Section
11. 59.43 (8) (d) of the statutes, as created by 2009 Wisconsin Act ....
18(this act), is amended to read:
AB271-ASA1,9,2119
59.43
(8) (d) A map that depicts the boundaries of an easement acquired by the
20department of agriculture, trade and consumer protection under s. 93.70
if the map
21is prepared in accordance with the requirements under s. 93.70 (1m).
AB271-ASA1,9,2623
59.45
(1) (a) 2. Make, personally or by a deputy, a record, in books or on
24drawings and plats that are kept for that purpose, of all corners that are set and the
25manner of fixing the corners and of all bearings and the distances of all courses run,
1of each survey made personally, by deputies or by other
professional land surveyors
2and arrange or index the record so it is an
easy to use easy-to-use reference and file
3and preserve in the office the original field notes and calculation thereof. Within 60
4days after completing any survey, the county surveyor shall make a true and correct
5copy of the foregoing record, in record books or on reproducible papers to be furnished
6by the county and kept in files in the office of the county surveyor to be provided by
7the county. In a county with a population of 500,000 or more where there is no county
8surveyor, a copy of the record shall also be filed in the office of the regional planning
9commission which acts in the capacity of county surveyor for the county.
AB271-ASA1,10,1711
59.45
(1) (b) Surveys for individuals or corporations may be performed by any
12professional land surveyor who is employed by the parties requiring the services,
13providing that within 60 days after completing any survey the
professional land
14surveyor files a true and correct copy of the survey in the office of the county surveyor.
15In counties with a population of 500,000 or more the copy shall be filed in the office
16of the register of deeds and in the office of the regional planning commission which
17acts in the capacity of county surveyor for the county.
AB271-ASA1,10,2119
59.45
(3) Surveyor; fees. In addition to the regular fees of
professional land
20surveyors that are received from the parties employing the county surveyor, the
21county surveyor may receive a salary from the county.
AB271-ASA1,11,2
2359.46 Penalty for nonfeasance. Any county surveyor, any city, village
, or
24town engineer, or any
professional land surveyor who fails or refuses to perform any
1duty required of that person by law shall forfeit not less than $25 nor more than $50
2for each such failure or refusal.
AB271-ASA1,11,114
59.73
(2) Subdividing sections. Whenever a
county surveyor
or professional
5land surveyor is required to subdivide a section or smaller subdivision of land
6established by the United States survey, the
county surveyor
or professional land
7surveyor shall proceed according to the statutes of the United States and the rules
8and regulations made by the secretary of the interior in conformity to the federal
9statutes.
While so engaged a surveyor and the surveyor's assistants shall not be
10liable as a trespasser and shall be liable only for any actual damage done to land or
11property.
AB271-ASA1,12,413
59.74
(2) (b) 1. Whenever it becomes necessary to destroy, remove
, or cover up
14in such a way that will make it inaccessible for use, any landmark, monument of
15survey, or corner post within the meaning of this subsection, the person including
16employees of governmental agencies who intend to commit such act shall serve
17written notice at least 30 days prior to the act upon the county surveyor of the county
18within which the landmark is located. Notice shall also be served upon the
19municipality's engineer if the landmark is located within the corporate limits of a
20municipality. The notice shall include a description of the landmark, monument of
21survey
, or corner post and the reason for removing or covering it. In this paragraph,
22removal of a landmark includes the removal of railroad track by the owner of the
23track. In a county having a population of less than 500,000 where there is no county
24surveyor, notice shall be served upon the clerk. In a county with a population of
25500,000 or more where there is no county surveyor, notice shall be served upon the
1executive director of the regional planning commission which acts in the capacity of
2county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice
3the clerk shall appoint a
registered professional land surveyor to perform the duties
4of a county surveyor under subd. 2.
AB271-ASA1,12,126
59.74
(2) (c) In those counties where there are no county surveyors a petition
7can be made to the board by any resident of this state requesting the board to appoint
8a
professional land surveyor to act in the capacity of the county surveyor. The board,
9upon receipt of this petition, shall appoint a
professional land surveyor to act in the
10capacity of the county surveyor. In counties with a population of 500,000 or more,
11the board may appoint a governmental agency to act in the capacity of county
12surveyor.
AB271-ASA1,12,1614
59.74
(2) (g) Every
professional land surveyor and every officer of the
15department of natural resources and the district attorney shall enforce this
16subsection.
AB271-ASA1,13,718
59.74
(2) (h) Any
registered professional land surveyor employed by the
19department of transportation or by a county highway department, may, incident to
20employment as such, assume and perform the duties and act in the capacity of the
21county surveyor under this subsection with respect to preservation and perpetuation
22of landmarks, witness monuments
, and corner posts upon and along state trunk,
23county trunk
, and town highways. Upon completing a survey and perpetuating
24landmarks and witness monuments under par. (b) 2., a
professional land surveyor
25employed by the state shall file the field notes and records in the district office or
1main office of the department of transportation, and a
professional land surveyor
2employed by a county shall file the field notes and records in the office of the county
3highway commissioner, open to inspection by the public, and in either case a true and
4correct copy of the field notes and records shall be filed with the county surveyor. In
5a county with a population of 500,000 or more where there is no county surveyor, a
6copy of the field notes and records shall also be filed in the office of the regional
7planning commission which acts in the capacity of county surveyor for the county.
AB271-ASA1,13,119
59.74
(2) (j) The county surveyor may employ other
professional land surveyors
10to assist in this work and may accept reference checks for these corners from any
11professional land surveyor.
AB271-ASA1,13,20
1359.75 Certificates and records as evidence. The certificate and also the
14official record of the county surveyor when produced by the legal custodian thereof,
15or any of the county surveyor's deputies, when duly signed by the county surveyor
16in his or her official capacity, shall be admitted as evidence in any court within the
17state, but the same may be explained or rebutted by other evidence. If any county
18surveyor or any of his or her deputies are interested in any tract of land a survey of
19which becomes necessary, such survey may be executed by any
professional land
20surveyor appointed by the board.
AB271-ASA1,13,2522
60.84
(1) Survey, contract for. The town board may contract with the county
23surveyor or any
registered professional land surveyor
licensed under ch. 443 to
24survey all or some of the sections in the town and to erect monuments under this
25section as directed by the board.
AB271-ASA1,14,42
60.84
(2) Bond. Before the town board executes a contract under sub. (1), the
3county surveyor or professional land surveyor shall execute and file with the town
4board a surety bond or other financial security approved by the town board.
AB271-ASA1,14,146
60.84
(3) (a) Monuments shall be set on section and quarter-section corners
7established by the United States survey. If there is a clerical error or omission in the
8government field notes or if the bearing trees, mounds
, or other location identifier
9specified in the notes is destroyed or lost, and if there is no other reliable evidence
10by which a section or quarter-section corner can be identified, the
county surveyor
11or professional land surveyor shall reestablish the corner under the rules adopted by
12the federal government in the survey of public lands. The
county surveyor or
13professional land surveyor shall set forth his or her actions under this paragraph in
14the certificate under sub. (4).
AB271-ASA1, s. 26
15Section
26. 60.84 (3) (c) (intro.) of the statutes is amended to read:
AB271-ASA1,14,1816
60.84
(3) (c) (intro.) To establish, relocate or perpetuate a corner, the
county
17surveyor or professional land surveyor shall set in the proper place a monument, as
18determined by the town board, consisting of:
AB271-ASA1,14,2520
60.84
(4) Certificate. The
county surveyor or professional land surveyor shall
21prepare a certificate setting forth a complete and accurate record of any survey under
22this section, including the exact bearings and distances of each monument from each
23other monument nearest it on any line in the town. The certificate shall be recorded
24in the office of the register of deeds of the county in which the surveyed land is
25located.
AB271-ASA1,16,32
70.27
(5) Surveys, reconciliations. The surveyor making the plat shall
be a
3professional land surveyor licensed under ch. 443 and shall survey and lay out the
4boundaries of each parcel, street, alley, lane, roadway, or dedication to public or
5private use, according to the records of the register of deeds, and whatever evidence
6that may be available to show the intent of the buyer and seller, in the chronological
7order of their conveyance or dedication, and set temporary monuments to show the
8results of such survey which shall be made permanent upon recording of the plat as
9provided for in this section. The map shall be at a scale of not more than 100 feet per
10inch, unless waived in writing by the department of administration under s. 236.20
11(2) (L). The owners of record of lands in the plat shall be notified by certified letter
12mailed to their last-known address, in order that they shall have opportunity to
13examine the map, view the temporary monuments, and make known any
14disagreement with the boundaries as shown by the temporary monuments. It is the
15duty of the
professional land surveyor making the plat to reconcile any discrepancies
16that may be revealed, so that the plat as certified to the governing body is in
17conformity with the records of the register of deeds as nearly as is practicable. When
18boundary lines between adjacent parcels, as evidenced on the ground, are mutually
19agreed to in writing by the owners of record, such lines shall be the true boundaries
20for all purposes thereafter, even though they may vary from the metes and bounds
21descriptions previously of record. Such written agreements shall be recorded in the
22office of the register of deeds. On every assessor's plat, as certified to the governing
23body, shall appear the volume, page
, and document number of the metes and bounds
24description of each parcel, as recorded in the office of the register of deeds, which
25shall be identified with the number by which such parcel is designated on the plat,
1except that lots which have been conveyed or otherwise acquired but upon which no
2deed is recorded in the office of register of deeds may be shown on an assessor's plat
3and when so shown shall contain a full metes and bounds description.
AB271-ASA1,16,115
70.27
(6) Monuments, plat requirements. The provisions of s. 236.15 as to
6monuments, and the provisions of s. 236.20 as to form and procedure, insofar as they
7are applicable to the purposes of assessors' plats, shall apply. Any stake or
8monument found and accepted as correct by a
professional land surveyor laying out
9an assessor's plat shall be indicated as "stake found" or "monument found" when
10mapping the plat and such stake or monument shall not be removed or replaced even
11though it is inconsistent with the standards of s. 236.15.
AB271-ASA1, s. 30
12Section
30. 70.27 (7) (intro.) of the statutes is amended to read:
AB271-ASA1,16,1613
70.27
(7) Certificate. (intro.) When completed, the assessor's plat shall be
14filed with the clerk of the governing body that ordered the plat. On its title page shall
15appear the sworn certificate of the
professional land surveyor who made the plat,
16which shall state and contain:
AB271-ASA1,16,1918
70.27
(7) (d) A statement that the
professional land surveyor has fully complied
19with the provisions of this section in filing the same.
AB271-ASA1,17,221
84.095
(5) Surveyor's
Professional land surveyor's certificate. A plat
22prepared for filing or recording under this section shall include a certificate of a
23professional land surveyor
registered
licensed under s. 443.06 that the plat is a
24correct representation of the project described and that the identification and
1location of each parcel can be determined from the plat. This subsection does not
2apply to plats prepared by the department.
AB271-ASA1,17,74
93.70
(1m) An employee of the department who is not a professional land
5surveyor, as defined in s. 443.01 (7m), and who prepares a map that depicts the
6boundaries of an easement to be acquired by the department under this section shall
7include on that map all of the following:
AB271-ASA1,17,88
(a) A disclaimer substantially similar to the disclaimer under s. 16.967 (3) (f).
AB271-ASA1,17,109
(b) A statement that the map is to be used only in connection with the program
10under this section.
AB271-ASA1,17,1411
(c) A statement that the map was prepared using protocols established by the
12federal department of agriculture under the wetlands reserve program,
16 USC 3837 13to
3837f, and that a copy of the protocols may be obtained from the department of
14agriculture, trade and consumer protection upon request.