2009 - 2010 LEGISLATURE
May 7, 2009 - Introduced by Senators Risser, Lehman, Cowles, Taylor, Holperin
and Schultz, cosponsored by Representatives Clark, Roys, Berceau, Mason,
Staskunas, Gunderson, Zepnick, Hubler, Danou, Smith, Milroy, A. Ott and
Jorgensen. Referred to Committee on Economic Development.
1An Act to repeal
443.06 (2) (a), 443.06 (2) (b), 443.06 (2) (c) and 443.06 (2) (e); 2to renumber and amend
443.01 (4); to amend
15.405 (2) (intro.), (a) and (b), 3
26.09 (3) (b) 1., 30.11 (3), 30.13 (3) (a), 59.20 (2) (c), 59.43 (8), 59.45 (1) (a) 2., 4
59.45 (1) (b), 59.45 (3), 59.46, 59.73 (2), 59.74 (2) (b) 1., 59.74 (2) (c), 59.74 (2) 5
(g), 59.74 (2) (h), 59.74 (2) (j), 59.75, 60.84 (1), 84.095 (5), 157.07 (1), 236.02 (2m), 6
236.15 (1) (a), 236.15 (1) (d), 236.15 (2), 236.16 (3) (title), 236.16 (4) (title), 7
236.20 (2) (g), 236.34 (1) (a), 440.03 (13) (b) 34., 440.08 (2) (a) 39., chapter 443 8
(title), 443.01 (3), 443.02 (4), 443.06 (title), 443.06 (1) (title), 443.06 (1) (a), 9
443.06 (1) (b), 443.06 (2) (intro.), 443.06 (2) (am), 443.06 (2) (bm), 443.06 (2) 10
(cm), 443.06 (2) (d), 443.06 (2) (em), 443.06 (3), 443.10 (title), 443.10 (2) (b), 11
443.10 (2) (b), 443.10 (5), 443.10 (5), 443.12 (title), 443.12 (1), 443.12 (3), 443.14 12
(8) (a), 443.14 (8) (c), 443.14 (8) (d), 443.14 (9), 443.14 (11), 443.18 (2) (a), 443.18 13
(2) (b), 470.025 (7), 707.215 (5) (intro.), 709.02 (1), 709.07 and 893.37; to repeal
440.08 (2) (a) 39.; and to create
59.001 (2k), 236.025, 236.20 (6),
443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s) (a) 1. and 2., 443.01 (6s) (a) 4. 2
c. and d., 443.01 (6s) (a) 6. to 8., 443.01 (6s) (b), 443.01 (7m), 443.135, 895.477 3
and 943.13 (4m) (d) of the statutes;
relating to: professional land surveyors,
4the practice of professional land surveying, surveying land abutting navigable
5waters, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a person may not practice land
surveying or represent that he or she is a land surveyor unless the land surveyor
section (section) of the examining board of architects, landscape architects,
professional engineers, designers and land surveyors (board) has issued a certificate
of registration or permit to the person. "Land surveying" is defined as determining
the location of land boundaries and boundary corners; preparing maps that show the
shape and area of tracts of land or subdivisions or the layout of roads, streets, or
rights-of-way; or preparing official plats or maps of land in this state.
This bill replaces "land surveying" with the term "practice of professional land
surveying" and defines the term as any of the following:
1. Establishing, restoring, or perpetuating private or public land boundaries
and boundary corners.
2. Preparing maps for establishing the boundaries of interests in real property
that depict any of the following: a) the shape and area of tracts of land or the
subdivision or consolidation of tracts; b) the layout and rights-of-way of roads or
streets; c) air, water, or property rights; or d) public or private easements.
3. Preparing assessors' or official plats or maps of lands in this state.
4. Measuring and analyzing a tract of land to determine its legal description.
5. Designing or coordinating designs for platting or subdividing tracts of land.
6. Applying knowledge or experience about land surveying to assist in the
development, use, or management of geographic or land information systems.
7. Performing cartographic, construction, or geodetic surveying in connection
with any of the practices described in the above items.
8. Providing consultation services related to any of the practices described in
the above items.
The bill also replaces the certificate of registration requirement under current
law with a licensure requirement. Therefore, under the bill with certain exceptions,
a person may not engage in the practice of professional land surveying or represent
that he or she is a professional land surveyor unless the person is issued a license or
permit by the section. Also, after July 1, 2018, the bill 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.
In addition, the bill 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 bill also replaces various references under current law to
"registered land surveyor" with "professional land surveyor."
For purposes of platting lands or preparing survey maps that involve ordinary
high water marks (OHWMs), a professional surveyor may incorporate an ordinary
high water mark that has been identified by the Department of Natural Resources
or that has otherwise been identified by law or may approximate the ordinary high
water mark. The bill requires that a statement be included on the face of a plat or
map explaining that the land below the OHWM 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.
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:
SB194, s. 1
15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:
15.405 (2) Examining board of architects, landscape architects,
3professional engineers, designers, and
professional land surveyors.
There is created an examining board of architects, landscape architects, professional 5
land surveyors in the department of 6
regulation and licensing. Any professional member appointed to the examining 7
board shall be registered or licensed
to practice architecture, landscape architecture, 8
professional engineering, the design of engineering systems,
surveying under ch. 443. The examining board shall consist of the following 10
members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 11
professional engineers, 3 designers, 3 professional
and 10 public 12
(a) In operation, the examining board shall be divided into an architect section, 2
a landscape architect section, an engineer section, a designer section
and a 3professional
land surveyor section. Each section shall consist of the 3 members of 4
the named profession appointed to the examining board and 2 public members 5
appointed to the section. The examining board shall elect its own officers,
and shall 6
meet at least twice annually.
(b) All matters pertaining to passing upon the qualifications of applicants for 8
and the granting or revocation of registration or licensure
, and all other matters of 9
interest to either the architect, landscape architect, engineer, designer,
land surveyor section shall be acted upon solely by the interested 11
SB194, s. 2
26.09 (3) (b) 1. of the statutes is amended to read:
(b) 1. A court shall award damages that equal the stumpage value of 14
the raw forest products harvested if the person harvesting the raw forest products 15
or the person giving consent for the harvesting reasonably relied upon a recorded 16
survey that was done by a person who is registered
licensed under ch. 443
as a 17professional
land surveyor or who is issued a permit to engage in the
land surveying under s. 443.06 even if the recorded survey is 19
determined, after the harvesting, to be in error.
SB194, s. 3
30.11 (3) of the statutes is amended to read:
30.11 (3) How established.
Whenever any municipality proposes to establish 22
a bulkhead line or to reestablish an existing bulkhead line, the municipality shall 23
indicate both the existing shore and the proposed bulkhead line upon a map and shall 24
file with the department for its approval 6 copies of the map and 6 copies of the 25
ordinance establishing the bulkhead line. The map shall use a scale of not less than
100 feet to an inch or any other scale required by the department. The map and a 2
metes and bounds description of the bulkhead line shall be prepared by a person
3licensed as a professional
land surveyor registered in this state under ch. 443
. The 4
department may require the installation of permanent reference markers to the 5
bulkhead line. Upon approval by the department, the municipality shall deliver the 6
and ordinance to the office of the register of deeds of the county in 7
which the bulkhead line lies, to be recorded by the register of deeds.
SB194, s. 4
30.13 (3) (a) of the statutes is amended to read:
(a) Any municipality authorized by s. 30.11 to establish a bulkhead 10
line may also establish a pierhead line in the same manner as it is authorized to 11
establish a bulkhead line, except that a metes and bounds legal description is not 12
required nor is the map required to be prepared by a registered person licensed as
land surveyor under ch. 443
and except that if the municipality has 14
created a board of harbor commissioners the municipality must obtain the approval 15
of the board concerning the establishment of the pierhead line in addition to 16
obtaining the approval of the department.
SB194, s. 5
59.001 (2k) of the statutes is created to read:
"Professional land surveyor" means a land surveyor licensed under 19
SB194, s. 6
59.20 (2) (c) of the statutes is amended to read:
(c) In counties that elect a surveyor, the surveyor shall be a registered
land surveyor. In lieu of electing a surveyor in any county having a 23
population of less than 500,000, the board may, by resolution, designate that the 24
duties under ss. 59.45 (1) and 59.74 (2) be performed by any registered professional
land surveyor employed by the county. Any surveyor employed by a county having
2a population of 500,000 or more shall be a professional land surveyor.
SB194, s. 7
59.43 (8) of the statutes is amended to read:
59.43 (8) Required signature and seal on survey document for filing or
It is unlawful for the register of deeds of any county or any proper public 6
authority to file or record a map, plat, survey,
or other document within the definition 7
of the practice of professional
land surveying under s. 443.01 (6s)
, which does not 8
have impressed thereon, and affixed thereto, the personal signature and seal of a 9registered professional
land surveyor under whose responsible charge the map, plat, 10
or other document was prepared. This subsection does not apply to any deed, 11
or other recordable document prepared by an attorney, or to a 12
transportation project plat that conforms to s. 84.095 and that is prepared by a state 13
SB194, s. 8
59.45 (1) (a) 2. of the statutes is amended to read:
(a) 2. Make, personally or by a deputy, a record, in books or on 16
drawings and plats that are kept for that purpose, of all corners that are set and the 17
manner of fixing the corners and of all bearings and the distances of all courses run, 18
of each survey made personally, by deputies or by other professional
land surveyors 19
and arrange or index the record so it is an easy to use easy-to-use
reference and file 20
and preserve in the office the original field notes and calculation thereof. Within 60 21
days after completing any survey, the county surveyor shall make a true and correct 22
copy of the foregoing record, in record books or on reproducible papers to be furnished 23
by the county and kept in files in the office of the county surveyor to be provided by 24
the county. In a county with a population of 500,000 or more where there is no county
surveyor, a copy of the record shall also be filed in the office of the regional planning 2
commission which acts in the capacity of county surveyor for the county.
SB194, s. 9
59.45 (1) (b) of the statutes is amended to read:
(b) Surveys for individuals or corporations may be performed by any 5professional
land surveyor who is employed by the parties requiring the services, 6
providing that within 60 days after completing any survey the land surveyor files a 7
true and correct copy of the survey in the office of the county surveyor. In counties 8
with a population of 500,000 or more the copy shall be filed in the office of the register 9
of deeds and in the office of the regional planning commission which acts in the 10
capacity of county surveyor for the county.
SB194, s. 10
59.45 (3) of the statutes is amended to read:
59.45 (3) Surveyor; fees.
In addition to the regular fees of professional
surveyors that are received from the parties employing the county surveyor, the 14
county surveyor may receive a salary from the county.
SB194, s. 11
59.46 of the statutes is amended to read:
1659.46 Penalty for nonfeasance.
Any county surveyor, any city, village,
town engineer, or any professional
land surveyor who fails or refuses to perform any 18
duty required of that person by law shall forfeit not less than $25 nor more than $50 19
for each such failure or refusal.
SB194, s. 12
59.73 (2) of the statutes is amended to read:
59.73 (2) Subdividing sections.
Whenever a surveyor is required to subdivide 22
a section or smaller subdivision of land established by the United States survey, the 23
surveyor shall proceed according to the statutes of the United States and the rules 24
and regulations made by the secretary of the interior in conformity to the federal 25
statutes. While so engaged a surveyor and the surveyor's assistants shall not be
1liable as a trespasser and shall be liable only for any actual damage done to land or
SB194, s. 13
59.74 (2) (b) 1. of the statutes is amended to read: