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
Jorgensen. Referred to Committee on Economic Development.
SB194,2,5 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),
326.09 (3) (b) 1., 30.11 (3), 30.13 (3) (a), 59.20 (2) (c), 59.43 (8), 59.45 (1) (a) 2.,
459.45 (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),
6236.15 (1) (a), 236.15 (1) (d), 236.15 (2), 236.16 (3) (title), 236.16 (4) (title),
7236.20 (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),
9443.06 (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),
11443.10 (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
14and recreate
440.08 (2) (a) 39.; and to create 59.001 (2k), 236.025, 236.20 (6),

1443.01 (1g), 443.01 (1r), 443.01 (3b), 443.01 (6s) (a) 1. and 2., 443.01 (6s) (a) 4.
2c. and d., 443.01 (6s) (a) 6. to 8., 443.01 (6s) (b), 443.01 (7m), 443.135, 895.477
3and 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 1Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:
SB194,3,122 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 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
1(a) In operation, the examining board shall be divided into an architect section,
2a landscape architect section, an engineer section, a designer section , and a
3professional land surveyor section. Each section shall consist of the 3 members of
4the named profession appointed to the examining board and 2 public members
5appointed to the section. The examining board shall elect its own officers, and shall
6meet at least twice annually.
SB194,4,117 (b) All matters pertaining to passing upon the qualifications of applicants for
8and the granting or revocation of registration or licensure, and all other matters of
9interest to either the architect, landscape architect, engineer, designer, or
10professional land surveyor section shall be acted upon solely by the interested
SB194, s. 2 12Section 2. 26.09 (3) (b) 1. of the statutes is amended to read:
SB194,4,1913 26.09 (3) (b) 1. A court shall award damages that equal the stumpage value of
14the raw forest products harvested if the person harvesting the raw forest products
15or the person giving consent for the harvesting reasonably relied upon a recorded
16survey 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 practice of
land surveying under s. 443.06 even if the recorded survey is
19determined, after the harvesting, to be in error.
SB194, s. 3 20Section 3. 30.11 (3) of the statutes is amended to read:
SB194,5,721 30.11 (3) How established. Whenever any municipality proposes to establish
22a bulkhead line or to reestablish an existing bulkhead line, the municipality shall
23indicate both the existing shore and the proposed bulkhead line upon a map and shall
24file with the department for its approval 6 copies of the map and 6 copies of the
25ordinance establishing the bulkhead line. The map shall use a scale of not less than

1100 feet to an inch or any other scale required by the department. The map and a
2metes 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
4department may require the installation of permanent reference markers to the
5bulkhead line. Upon approval by the department, the municipality shall deliver the
6map, description, and ordinance to the office of the register of deeds of the county in
7which the bulkhead line lies, to be recorded by the register of deeds.
SB194, s. 4 8Section 4. 30.13 (3) (a) of the statutes is amended to read:
SB194,5,169 30.13 (3) (a) Any municipality authorized by s. 30.11 to establish a bulkhead
10line may also establish a pierhead line in the same manner as it is authorized to
11establish a bulkhead line, except that a metes and bounds legal description is not
12required nor is the map required to be prepared by a registered person licensed as
13a professional
land surveyor under ch. 443 and except that if the municipality has
14created a board of harbor commissioners the municipality must obtain the approval
15of the board concerning the establishment of the pierhead line in addition to
16obtaining the approval of the department.
SB194, s. 5 17Section 5. 59.001 (2k) of the statutes is created to read:
SB194,5,1918 59.001 (2k) "Professional land surveyor" means a land surveyor licensed under
19ch. 443.
SB194, s. 6 20Section 6. 59.20 (2) (c) of the statutes is amended to read:
SB194,6,221 59.20 (2) (c) In counties that elect a surveyor, the surveyor shall be a registered
22professional land surveyor. In lieu of electing a surveyor in any county having a
23population of less than 500,000, the board may, by resolution, designate that the
24duties under ss. 59.45 (1) and 59.74 (2) be performed by any registered professional

1land 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 3Section 7. 59.43 (8) of the statutes is amended to read:
SB194,6,134 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
6authority to file or record a map, plat, survey, or other document within the definition
7of the practice of professional land surveying under s. 443.01 (6s), which does not
8have impressed thereon, and affixed thereto, the personal signature and seal of a
9registered professional land surveyor under whose responsible charge the map, plat,
10survey, or other document was prepared. This subsection does not apply to any deed,
11contract, or other recordable document prepared by an attorney, or to a
12transportation project plat that conforms to s. 84.095 and that is prepared by a state
SB194, s. 8 14Section 8. 59.45 (1) (a) 2. of the statutes is amended to read:
SB194,7,215 59.45 (1) (a) 2. Make, personally or by a deputy, a record, in books or on
16drawings and plats that are kept for that purpose, of all corners that are set and the
17manner of fixing the corners and of all bearings and the distances of all courses run,
18of each survey made personally, by deputies or by other professional land surveyors
19and arrange or index the record so it is an easy to use easy-to-use reference and file
20and preserve in the office the original field notes and calculation thereof. Within 60
21days after completing any survey, the county surveyor shall make a true and correct
22copy of the foregoing record, in record books or on reproducible papers to be furnished
23by the county and kept in files in the office of the county surveyor to be provided by
24the county. In a county with a population of 500,000 or more where there is no county

1surveyor, a copy of the record shall also be filed in the office of the regional planning
2commission which acts in the capacity of county surveyor for the county.
SB194, s. 9 3Section 9. 59.45 (1) (b) of the statutes is amended to read:
SB194,7,104 59.45 (1) (b) Surveys for individuals or corporations may be performed by any
5professional land surveyor who is employed by the parties requiring the services,
6providing that within 60 days after completing any survey the land surveyor files a
7true and correct copy of the survey in the office of the county surveyor. In counties
8with a population of 500,000 or more the copy shall be filed in the office of the register
9of deeds and in the office of the regional planning commission which acts in the
10capacity of county surveyor for the county.
SB194, s. 10 11Section 10. 59.45 (3) of the statutes is amended to read:
SB194,7,1412 59.45 (3) Surveyor; fees. In addition to the regular fees of professional land
13surveyors that are received from the parties employing the county surveyor, the
14county surveyor may receive a salary from the county.
SB194, s. 11 15Section 11. 59.46 of the statutes is amended to read:
SB194,7,19 1659.46 Penalty for nonfeasance. Any county surveyor, any city, village, or
17town engineer, or any professional land surveyor who fails or refuses to perform any
18duty required of that person by law shall forfeit not less than $25 nor more than $50
19for each such failure or refusal.
SB194, s. 12 20Section 12. 59.73 (2) of the statutes is amended to read:
SB194,8,221 59.73 (2) Subdividing sections. Whenever a surveyor is required to subdivide
22a section or smaller subdivision of land established by the United States survey, the
23surveyor shall proceed according to the statutes of the United States and the rules
24and regulations made by the secretary of the interior in conformity to the federal
25statutes. 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 3Section 13. 59.74 (2) (b) 1. of the statutes is amended to read: