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, s. 2 8Section 2. 16.967 (3) (f) of the statutes is created to read:
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, s. 4 3Section 4. 30.11 (3) of the statutes is amended to read:
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, s. 5 16Section 5. 30.13 (3) (a) of the statutes is amended to read:
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, s. 6 25Section 6. 59.001 (2k) of the statutes is created to read:
AB271-ASA1,8,2
159.001 (2k) "Professional land surveyor" means a professional land surveyor
2licensed under ch. 443.
AB271-ASA1, s. 7 3Section 7. 59.20 (2) (c) of the statutes is amended to read:
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, s. 9 24Section 9. 59.43 (8) (b) of the statutes is created to read:
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, s. 10 14Section 10. 59.43 (8) (d) of the statutes is created to read:
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, s. 12 22Section 12. 59.45 (1) (a) 2. of the statutes is amended to read:
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, s. 13 10Section 13. 59.45 (1) (b) of the statutes is amended to read:
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, s. 14 18Section 14. 59.45 (3) of the statutes is amended to read:
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, s. 15 22Section 15. 59.46 of the statutes is amended to read:
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, s. 16 3Section 16. 59.73 (2) of the statutes is amended to read:
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, s. 17 12Section 17. 59.74 (2) (b) 1. of the statutes is amended to read:
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, s. 18 5Section 18. 59.74 (2) (c) of the statutes is amended to read:
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, s. 19 13Section 19. 59.74 (2) (g) of the statutes is amended to read:
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, s. 20 17Section 20. 59.74 (2) (h) of the statutes is amended to read:
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, s. 21 8Section 21. 59.74 (2) (j) of the statutes is amended to read:
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, s. 22 12Section 22. 59.75 of the statutes is amended to read:
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, s. 23 21Section 23. 60.84 (1) of the statutes is amended to read:
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, s. 24
1Section 24. 60.84 (2) of the statutes is amended to read:
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, s. 25 5Section 25. 60.84 (3) (a) of the statutes is amended to read:
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, s. 27 19Section 27. 60.84 (4) of the statutes is amended to read:
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, s. 28
1Section 28. 70.27 (5) of the statutes is amended to read:
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, s. 29 4Section 29. 70.27 (6) of the statutes is amended to read:
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, s. 31 17Section 31. 70.27 (7) (d) of the statutes is amended to read:
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, s. 32 20Section 32. 84.095 (5) of the statutes is amended to read:
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, s. 33 3Section 33. 93.70 (1m) of the statutes is created to read:
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.
AB271-ASA1, s. 34 15Section 34. 157.061 (13m) of the statutes is created to read:
AB271-ASA1,17,1716 157.061 (13m) "Professional land surveyor" means a professional land
17surveyor licensed under ch. 443.
AB271-ASA1, s. 35 18Section 35. 157.07 (1) of the statutes is amended to read:
AB271-ASA1,17,2519 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a
20professional land surveyor registered in this state those portions of the lands that are
21from time to time required for burial, into cemetery lots, drives and walks, and record
22a plat or map of the land in the office of the register of deeds. The plat or map may
23not be recorded unless laid out and platted to the satisfaction of the county board of
24the county, and the town board of the town in which the land is situated, or, if the land
25is situated within a 1st class city, then only by the common council of that city.
AB271-ASA1, s. 36
1Section 36. 157.07 (2) of the statutes is amended to read:
Loading...
Loading...