STATE OF WISCONSIN
Examining Board of Architects, Landscape Architects, Professinal Engineers,
Designers, and Professional Land Surveyors
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSINAL
ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS
ORDER OF THE EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSINAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS
ADOPTING RULES
(CLEARINGHOUSE RULE 15-036)
ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 6.07, 8.07 (2) (Note), and 10.04 (2) (d) and to amend A-E 1.02 (1), 2.01, 2.02 (1), (4), and (6), 2.03 (1) (a) and (b) and (2) (d), Chapter 6 (title), 6.01 (intro.), 6.02 (title), 6.03, 6.04 (title) and (1) (intro.), (a), and (b), and (2) (a) and (b), 6.05 (1) and (2) (b), 6.05 (10), 6.06 (intro.), 7.01 (2) (intro.), 7.03, 7.05 (6), 7.08 (1) (b), (3) (b) and (i), 8.02, 8.03 (1), (3) (intro.) and (a), 8.03 (5) (c) 4. and 5., 8.04 (intro.), (1), and (3), 8.05 (1) (intro.), (a), and (c), and (2), 8.06 (intro.), (2), and (3), 8.07 (intro.), (1), and (2), 8.08 (intro.), (3), and (4), 8.09 (intro.), (1), and (2), 8.10 (2) and (3), 8.11 (intro.) and (1) to (4), Chapter 10 (title), 10.01, 10.02 (2) to (4), 10.03 (1) (a), (b) (intro.) and 3., 10.03 (2) (b) to (d) and (g), and (4), 10.04 (1) (a) and (c), (2) (intro.) and (e), (3), and (4), 10.05 (1) to (5), 10.06 (intro.), 10.07 (1) and (2) (d), and 10.08 relating to land surveyor professional licensure. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
15.08 (5) (b), 227.11 (2) (a), Stats.
Explanation of agency authority:
Examining boards are authorized by s.15.08 (5) (b), Stats., to promulgate rules that will provide guidance within the trade or profession to which it pertains. Section 227.11 (2) (a), Stats., authorizes examining board to promulgate rules that interpret any statute it enforces or administers. The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Professional Land Surveyors seek to promulgate rules that will provide guidance within the profession on the transition from registered land surveyors to licensed land surveyors. Related statute or rule:
None.
Plain language analysis:
The Act transformed land surveyor registration to land surveyor licensure and eliminated both the permit to practice land surveying for applicants with pending applications for registration and the apprenticeship pathway to registration. The Act also replaced the terms land surveyor, registered land surveyor, and surveyor with the term professional land surveyor. The proposed rule updates administrative rules in chs. A-E 1 to 10 to reflect these changes. Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: Illinois designates land surveyors as professional land surveyors. A person seeking licensure as a professional land surveyor by examination in Illinois must apply in writing on Department approved forms, must not have violated any provision of the Illinois Professional Land Surveyor Act of 1989, must be of good ethical character, must have been licensed as a land-surveyor in training, must have at least 4 years of responsible charge experience in land surveying after having passed the examination for licensure as a surveyor-in-training, must have a baccalaureate degree in land surveying, or a related science, from an accredited college or university, and must have passed an examination authorized by the Department to determine his or her fitness to receive a license as a professional land surveyor. 225 ICLS 330/12.
Iowa: Iowa does not designate land surveyors as professional land surveyors. Persons seeking a license as a land surveyor in Iowa must satisfy the education plus experience requirements as follows: graduation from a course of two years or more in mathematics, physical sciences, mapping and surveying, or engineering in a school or college and six years of practical experience, successfully complete the Fundamentals of Land Surveying examination, successfully complete the Principles and Practice of Land Surveying examination, complete a statement of approximately 200 words describing a significant project on which the applicant worked, provide references for applicants that must meet an experience requirement prior to taking an examination. 193C IAC 5.1 (2015).
Michigan: Michigan designates land surveyors as professional surveyors. The requirements for licensure include: passing the land surveying fundamentals examination and the professional practice examination, “or provide proof of qualification to practice land surveying acceptable to the department and the board.” MCLS §339.2004 (3). For admission to the professional surveying fundamentals examination applicants must provide, “an affidavit stating that a degree acceptable to the board shall be completed not later than 6 months after the date of the examination.” MCLS §339.2005 (3). Admission to the professional practice examination requires all of the following: “[d]ocumentation of not less than 8 years of professional experience in professional surveying satisfactory to the board of professional surveyors, including not more than 5 years of education. Evidence of completion of a degree in professional surveying or a related degree with professional surveying courses acceptable to the board of professional surveyors. Not less than 5 references, 3 of which shall be from licensed professional surveyors who have personal knowledge of the applicant's professional experience.
