State of Wisconsin
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
ORDER OF THE XAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
ADOPTING RULES
(CLEARINGHOUSE RULE 15-040)
ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 7.01 (2) (d) and (e); to amend A-E 7.01 (intro.), (2) (a) and (2) (c), 7.06 (1), (2), (3), and (5), 7.07, and 7.08, (1) (intro.), (1) (c), (3) (e) and (g); to repeal and recreate A-E 7.02, 7.03, 7.04, and 7.05; and to create A-E 7.025 relating to practice, conduct, and continuing education.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss. 15.08 (5) (b), and 227.11 (2) (a), Stats, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors is generally empowered to promulgate rules that will provide guidance within the profession and interpret the statutes it enforces or administers. Section 443.015 (2), Stats., allows each section to draft rules that govern the professional conduct of licensees under its authority. These proposed rules address the conduct of professional land surveyors in the creation of minimum standards for property surveys. Therefore, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors is authorized both generally and specifically to promulgate these proposed rules. Related statute or rule:
Wisconsin Administrative Code Chapter A-E 7 Plain language analysis:
This proposed rule seeks to clarify various provisions of Wisconsin Administrative Code Chapter A-E 7, which sets forth the minimum standards of professional land surveyor’s practice and to resolve inconsistencies between the rules in chapter A-E 7 and current practice within the profession. This rule will identify the information that should be included in maps and reports regarding the legal descriptions of property surveyed. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
The Minimum Standards of Practice for professional land surveyors identifies the types of surveys professional land surveyors may conduct such as a boundary survey, condominium survey, subdivision survey, mortgage inspection, and topographic survey. It also lists the required information that should be found on the plat (map). The minimum standards are binding on every professional land surveyor in the state except in the case of federal, state or local laws that may be more stringent. When special conditions exist, it must be noted on the plat (68 Ill Admin Code 1270.56).
Iowa:
