CR 19-153 Rule Text

A-E 2, relating to general requirements and procedures; A-E 8, relating to professional conduct

Plain language analysis:

The Section conducted an evaluation and update of ch. A-E 7 to ensure consistency with current professional practices and applicable Wisconsin statutes. As a result, the following updates have been made:



Recreates A-E 7.01 to require that all property surveys performed by professional land surveyors comply with the minimum accuracies required by A-E 7.06, and to enumerate the sections of A-E 7 that professional land surveyors and clients may exclude from their contracts.



Amends the definition of “survey report” to remove the requirement that the existing map have been recorded or filed within the last 6 years.



Clarifies that maps shall show evidence of possession or use by others if observed by the professional land surveyor while establishing corners.



Creates requirements for U.S. Public Land Survey Monument Record Addendums, as an alternative to U.S. Public Land Survey Monument Records, where the witness ties or monuments have been destroyed or disturbed.



Replaces references to “registers of deeds” or “county surveyor” with “the county office deemed appropriate to receive and retain property survey records.”



Simplifies the relative positional accuracy measurements provision.



Amends the chapter to conform to drafting standards for consistency and clarity, revises provisions to be more clear, and updates cross-references in light of other amendments.

Summary of, and comparison with, existing or proposed federal regulation:

When the land was first surveyed in Wisconsin, it was divided into a grid and each grid is approximately 36 square miles (the measurements were not always precise due to the instruments the surveyors were using, among other limitations). This grid system is known as the U.S. Public Land Survey System (PLSS). Where federal interests and rights exist, the Bureau of Land Management (BLM) is the legally identified authority and data steward for the PLSS under the Office of Management and Budget (OMB) Revised Circular A-16. The Circular provides direction for federal agencies that produce, maintain, or use spatial data either directly or indirectly in the fulfillment of their mission and provides for improvements in the coordination and use of spatial data. The Circular also describes effective and economical use and management of spatial data assets in the digital environment for the benefit of the federal government and the nation. The Circular establishes a coordinated approach to electronically develop the National Spatial Data Infrastructure and establishes the Federal Geographic Data Committee (FGDC).

Individual states and counties have authority and data stewardship where no such federal interests or rights exist.

Comparison with rules in adjacent states:

Illinois:

The Land Surveyors Licensing Board is under the Illinois Department of Financial and Professional Regulation and advises the Secretary on matters of education, experience, professional conduct and competence. Illinois has a chapter on the Minimum Standards of Practice for professional land surveyors. The chapter outlines standards for ALTA/ACSM land title surveys, boundary surveys, condominium surveys, subdivision surveys, mortgage inspections, topographic surveys, and minimum standards for writing parcel legal descriptions. Section 1270.56, Illinois Administrative Code.

Iowa:

The Engineering and Land Surveying Examining Board is under the Iowa Professional Licensing Bureau. Iowa has a chapter on Standards for Land Surveying for professional land surveyors. The chapter outlines standards for plats of surveys, plats for subdivisions, U.S. public land survey corner certificates, and requirements relating to the Iowa plane coordinate system, boundary locations, measurements, and monumentation. Chapter 355, Standards for Land Surveying.

Michigan:

The Michigan Board of Professional Surveyors is under the Department of Licensing and Regulatory Affairs. Michigan has standards of practice and professional conduct on the solicitation of employment, conflicts of interest, and requirements for competence and that, “[a] licensee is responsible for clear, accurate, and complete development of plats, plans, drawings, specifications, survey reports, and other instruments of service as is customary in the practice of the licensee's profession, and the material shall properly satisfy the need for which it is intended.” R 339.17403 (2), Michigan Administrative Code. No more specific minimum standards for property surveys are established by administrative rule.

Minnesota:

The Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design regulates the professions and enforces the statutes and rules in order to protect the health, safety and welfare of the public. Chapter 1805 outlines rules of professional conduct for all of the professions of the Board for professional and personal conduct, conflicts of interest, improper solicitation of employment, false or malicious statements, knowledge of the misconduct of others, and discrimination. Chapter 1805, Minnesota Rules. No more specific minimum standards for property surveys are established by administrative rule.

Summary of factual data and analytical methodologies:

The Professional Land Surveyor Section of the A-E Board reached out to stakeholders once the scope statement was approved for implementation to gather input from interested parties. The Wisconsin Society of Land Surveyors submitted comments which were considered and acted upon by the Professional Land Surveyors Section at their August 22, 2018 meeting. A draft of A-E 7 was further considered at the November 1, 2018 meeting. On December 3, 2018, the working draft of A-E 7 was posted on the department website to provide opportunity for stakeholders to consider the proposed amendments. The Professional Land Surveyor Section met on January 10, 2019 to consider public comments on the proposed amendments to A-E 7. After further amendments in response to public comments, the working draft of A-E 7 was posted on the department website on January 14, 2018. The Professional Land Surveyor Section met on April 23, 2019 to consider public comments on the proposed amendments to A-E 7 before approving the preliminary rule draft, with additional clarifications, to the A-E Rules Committee and A-E Board.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on the proposed rules. Information concerning the date, time, and location of the public hearing will be published in the Wisconsin Administrative Register and posted on the Legislature’s website at https://docs.legis.wisconsin.gov/code/chr/hearings.

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TEXT OF RULE

section 1.

A-E 7.01 is repealed and recreated to read:

A-E 7.01 Scope. (1) The minimum standards of this chapter apply to any property survey performed by professional land surveyors in this state, except where otherwise provided in this chapter.

(2) The minimum accuracies in s. A-E 7.06 apply to any property survey performed by professional land surveyors in this state.

(3) If other standards for property surveys are prescribed by statute, administrative rule, or ordinance, and the standards are more restrictive than those in this chapter, the more restrictive standards govern.

(4) Except with regard to a U.S. public land survey monument record or addendum and a map of work performed, the professional land surveyor and client may enter into a written agreement, signed by both parties, to exclude land surveying work from the requirements of ss. A-E 7.03 (2), 7.05 (5) and (7m), and 7.07, where all of the following are performed:

(a) The professional land surveyor shall certify on the face of the map to the existence of the agreement.

(b) The map includes a note which states that an agreement to exclude work from the requirements of this chapter has been made and a list of those exclusions.

section 2.

A-E 7.02 (1) and (2) are repealed.

section 3.

A-E 7.02 (1m) is created to read:

A-E 7.02 (1m) “Property survey” means an activity performed in the practice of professional land surveying, as defined in s. 443.01 (6s), Stats., or the result of such activity.

section 4.

A-E 7.02 (3) is amended to read:

A-E 7.02 (3) “Survey report" means a report property survey that may be prepared in compliance with s. A-E 7.025 when there is an existing map recorded or filed within the last 6 years and no new monuments are established in the survey.

section 5.

A-E 7.025 is amended to read:

A-E 7.025  Survey report, requirements. A survey report, as defined in A-E 7.02 (3), shall include the purpose of the survey, information concerning the documents that were examined for the survey, and the measurements that were made to verify the locations of the monuments found, and a copy of the map that was recorded or filed. The survey report shall be in compliance with all sections of this chapter except s. A-E 7.05 (1), (2), (3), and (4) and shall be filed as required under s. 59.45 (1), Stats., on media accepted by the county.

section 6.

A-E 7.03 is renumbered A-E 7.03 (1) and is amended to read:

A-E 7.03  Boundary location.  (1) Every property survey shall be made in accordance with the records of the register of deeds as nearly as practicable. The professional land surveyor shall acquire data necessary to retrace record title boundaries such as U.S. Public Land Survey Monument Records, deeds, surveys, maps, certificates of title, highway, and center line or right-of-way lines, and other boundary line locations. The professional land surveyor shall make field measurements necessary for the location of the parcel and shall analyze the data and make a careful determination of the position of the boundaries of the parcel being surveyed. The professional land surveyor shall set monuments marking the corners of the parcel unless monuments already exist at the corners.

section 7.

A-E 7.03 (2) is created to read:

A-E 7.03 (2) The professional land surveyor shall set monuments marking the corners of the parcel unless monuments already exist at the corners.

section 8.

A-E 7.04 (1), (3), and (4) are amended to read:

(1) By metes and bounds commencing with a monument at a section corner or quarter section corner of the quarter section in which that land is located or a monument established by the U.S. Public Land Survey that it is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the land is located. Descriptions shall meet the requirements in s. A-E 7.06 (3).

(3) By land boundaries being surveyed as an existing lot, outlot or parcel, on a recorded certified survey map, the property survey shall be described by lot, outlot or parcel number and certified map number for all purposes.

(4) By the parcel described as an aliquot part of a section from the public land system U.S. Public Land Survey.

section 9.

A-E 7.05 is amended to read:

A-E 7.05  Maps. A map shall be drawn for every property survey, unless a survey report is filed as provided in s. A-E 7.02 (3) 7.025, showing information developed by the property survey. The map shall include all of the following requirements:

(1) Be The map shall be drawn on media with the minimum size of 8 ½ x 11 inches and to a commonly accepted scale which shall be clearly stated and graphically illustrated by a bar scale on each map sheet containing a graphical depiction of the property survey unless otherwise required by law.

(2) Be The map shall be referenced as provided in s. 59.73 (1), Stats., along with a north arrow and reference to a monumented line.

(3) Show The map shall show the length and bearing of the boundaries of the parcels surveyed. Bearings, angles, and distances on any property survey map shall be in accordance with s. A-E 7.06 (5). Where the boundary lines show bearings, lengths or locations which vary from those recorded in deeds, abutting plats, or other instruments, there shall be the following note placed along such line, “recorded as (show recorded bearing, length or location)”. Curve data shall be shown by any at least 3 of the following: central angle, radius, long chord bearing and length, and arc length.

(4) Describe all The map shall describe by bearing and distance the corner monuments used for in determining the location of the parcel boundary and show by bearing and distance their the relationship of at least 2 government monuments, if not previously tied, and all newly established monuments, to the surveyed parcel. All the monuments shown on the map shall indicate whether such monuments were found or set, including a description of the monument with a legend or notes for all symbols and abbreviations used on the map.