Amendment ASA1-AB271

AB271-ASA1,8,9 59.20 (2) (c) In counties that elect a surveyor, the surveyor shall be a registered professional land surveyor. In lieu of electing a surveyor in any county having a population of less than 500,000, the board may, by resolution, designate that the 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 a population of 500,000 or more shall be a professional land surveyor.

AB271-ASA1, s. 8 Section 8. 59.43 (8) of the statutes is renumbered 59.43 (8) (intro.) and amended to read:

AB271-ASA1,8,19 59.43 (8) Required signature and seal on survey document for filing or recording. (intro.) It is unlawful for the register of deeds of any county or any proper public authority to file or record a map, plat, survey, or other document within the definition of the practice of professional land surveying under s. 443.01 (6s), which does not have impressed thereon, and affixed thereto, the personal signature and seal of a registered professional land surveyor under whose responsible charge the map, plat, survey, or other document was prepared. This subsection does not apply to any of the following:

AB271-ASA1,8,21 (a) A deed, contract, or other recordable document prepared by an attorney, or to a.

AB271-ASA1,8,23 (c) A transportation project plat that conforms to s. 84.095 and that is prepared by a state agency.

AB271-ASA1, s. 9 Section 9. 59.43 (8) (b) of the statutes is created to read:

AB271-ASA1,9,4 59.43 (8) (b) A map that depicts the approximate boundaries or the shape and area of one or more tracts of land or one or more interests in real property if any of the following are incorporated into or attached to and submitted for recording with the map:

AB271-ASA1,9,7 1. A legal description of the tract or tracts of land or interest or interests in real property. In this subdivision, legal description has the meaning given in s. 706.01 (7r).

AB271-ASA1,9,13 2. A map, plat, survey, or other document within the definition of the practice of professional land surveying under s. 443.01 (6s) that depicts the boundaries of the tract or tracts of land or interest or interests in real property and that has impressed thereon, and affixed thereto, the personal signature of a professional land surveyor under whose responsible charge the map, plat, survey, or other document was prepared.

AB271-ASA1, s. 10 Section 10. 59.43 (8) (d) of the statutes is created to read:

AB271-ASA1,9,16 59.43 (8) (d) A map that depicts the boundaries of an easement acquired by the department of agriculture, trade and consumer protection under s. 93.70.

AB271-ASA1, s. 11 Section 11. 59.43 (8) (d) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB271-ASA1,9,21 59.43 (8) (d) A map that depicts the boundaries of an easement acquired by the department of agriculture, trade and consumer protection under s. 93.70 if the map is prepared in accordance with the requirements under s. 93.70 (1m).

AB271-ASA1, s. 12 Section 12. 59.45 (1) (a) 2. of the statutes is amended to read:

AB271-ASA1,9,26 59.45 (1) (a) 2. Make, personally or by a deputy, a record, in books or on drawings and plats that are kept for that purpose, of all corners that are set and the manner of fixing the corners and of all bearings and the distances of all courses run, of each survey made personally, by deputies or by other professional land surveyors and arrange or index the record so it is an easy to use easy-to-use reference and file and preserve in the office the original field notes and calculation thereof. Within 60 days after completing any survey, the county surveyor shall make a true and correct copy of the foregoing record, in record books or on reproducible papers to be furnished by the county and kept in files in the office of the county surveyor to be provided by 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 commission which acts in the capacity of county surveyor for the county.

AB271-ASA1, s. 13 Section 13. 59.45 (1) (b) of the statutes is amended to read:

AB271-ASA1,10,17 59.45 (1) (b) Surveys for individuals or corporations may be performed by any professional land surveyor who is employed by the parties requiring the services, providing that within 60 days after completing any survey the professional land surveyor files a true and correct copy of the survey in the office of the county surveyor. In counties with a population of 500,000 or more the copy shall be filed in the office of the register of deeds and in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

AB271-ASA1, s. 14 Section 14. 59.45 (3) of the statutes is amended to read:

AB271-ASA1,10,21 59.45 (3) Surveyor; fees. In addition to the regular fees of professional land surveyors that are received from the parties employing the county surveyor, the county surveyor may receive a salary from the county.

AB271-ASA1, s. 15 Section 15. 59.46 of the statutes is amended to read:

AB271-ASA1,11,2 59.46 Penalty for nonfeasance. Any county surveyor, any city, village, or town engineer, or any professional land surveyor who fails or refuses to perform any duty required of that person by law shall forfeit not less than $25 nor more than $50 for each such failure or refusal.

AB271-ASA1, s. 16 Section 16. 59.73 (2) of the statutes is amended to read:

AB271-ASA1,11,11 59.73 (2) Subdividing sections. Whenever a county surveyor or professional land surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the county surveyor or professional land surveyor shall proceed according to the statutes of the United States and the rules and regulations made by the secretary of the interior in conformity to the federal statutes. While so engaged a surveyor and the surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.

AB271-ASA1, s. 17 Section 17. 59.74 (2) (b) 1. of the statutes is amended to read:

AB271-ASA1,12,4 59.74 (2) (b) 1. Whenever it becomes necessary to destroy, remove, or cover up in such a way that will make it inaccessible for use, any landmark, monument of survey, or corner post within the meaning of this subsection, the person including employees of governmental agencies who intend to commit such act shall serve written notice at least 30 days prior to the act upon the county surveyor of the county within which the landmark is located. Notice shall also be served upon the municipality's engineer if the landmark is located within the corporate limits of a municipality. The notice shall include a description of the landmark, monument of survey, or corner post and the reason for removing or covering it. In this paragraph, removal of a landmark includes the removal of railroad track by the owner of the track. In a county having a population of less than 500,000 where there is no county surveyor, notice shall be served upon the clerk. In a county with a population of 500,000 or more where there is no county surveyor, notice shall be served upon the executive director of the regional planning commission which acts in the capacity of county surveyor for the county. Notwithstanding par. (c), upon receipt of the notice the clerk shall appoint a registered professional land surveyor to perform the duties of a county surveyor under subd. 2.

AB271-ASA1, s. 18 Section 18. 59.74 (2) (c) of the statutes is amended to read:

AB271-ASA1,12,12 59.74 (2) (c) In those counties where there are no county surveyors a petition can be made to the board by any resident of this state requesting the board to appoint a professional land surveyor to act in the capacity of the county surveyor. The board, upon receipt of this petition, shall appoint a professional land surveyor to act in the capacity of the county surveyor. In counties with a population of 500,000 or more, the board may appoint a governmental agency to act in the capacity of county surveyor.

AB271-ASA1, s. 19 Section 19. 59.74 (2) (g) of the statutes is amended to read:

AB271-ASA1,12,16 59.74 (2) (g) Every professional land surveyor and every officer of the department of natural resources and the district attorney shall enforce this subsection.

AB271-ASA1, s. 20 Section 20. 59.74 (2) (h) of the statutes is amended to read:

AB271-ASA1,13,7 59.74 (2) (h) Any registered professional land surveyor employed by the department of transportation or by a county highway department, may, incident to employment as such, assume and perform the duties and act in the capacity of the county surveyor under this subsection with respect to preservation and perpetuation of landmarks, witness monuments, and corner posts upon and along state trunk, county trunk, and town highways. Upon completing a survey and perpetuating landmarks and witness monuments under par. (b) 2., a professional land surveyor employed by the state shall file the field notes and records in the district office or main office of the department of transportation, and a professional land surveyor employed by a county shall file the field notes and records in the office of the county highway commissioner, open to inspection by the public, and in either case a true and correct copy of the field notes and records shall be filed with the county surveyor. In a county with a population of 500,000 or more where there is no county surveyor, a copy of the field notes and records shall also be filed in the office of the regional planning commission which acts in the capacity of county surveyor for the county.

AB271-ASA1, s. 21 Section 21. 59.74 (2) (j) of the statutes is amended to read:

AB271-ASA1,13,11 59.74 (2) (j) The county surveyor may employ other professional land surveyors to assist in this work and may accept reference checks for these corners from any professional land surveyor.

AB271-ASA1, s. 22 Section 22. 59.75 of the statutes is amended to read:

AB271-ASA1,13,20 59.75 Certificates and records as evidence. The certificate and also the official record of the county surveyor when produced by the legal custodian thereof, or any of the county surveyor's deputies, when duly signed by the county surveyor in his or her official capacity, shall be admitted as evidence in any court within the state, but the same may be explained or rebutted by other evidence. If any county surveyor or any of his or her deputies are interested in any tract of land a survey of which becomes necessary, such survey may be executed by any professional land surveyor appointed by the board.

AB271-ASA1, s. 23 Section 23. 60.84 (1) of the statutes is amended to read:

AB271-ASA1,13,25 60.84 (1) Survey, contract for. The town board may contract with the county surveyor or any registered professional land surveyor licensed under ch. 443 to survey all or some of the sections in the town and to erect monuments under this section as directed by the board.

AB271-ASA1, s. 24 Section 24. 60.84 (2) of the statutes is amended to read:

AB271-ASA1,14,4 60.84 (2) Bond. Before the town board executes a contract under sub. (1), the county surveyor or professional land surveyor shall execute and file with the town board a surety bond or other financial security approved by the town board.

AB271-ASA1, s. 25 Section 25. 60.84 (3) (a) of the statutes is amended to read:

AB271-ASA1,14,14 60.84 (3) (a) Monuments shall be set on section and quarter-section corners established by the United States survey. If there is a clerical error or omission in the government field notes or if the bearing trees, mounds, or other location identifier specified in the notes is destroyed or lost, and if there is no other reliable evidence by which a section or quarter-section corner can be identified, the county surveyor or professional land surveyor shall reestablish the corner under the rules adopted by the federal government in the survey of public lands. The county surveyor or professional land surveyor shall set forth his or her actions under this paragraph in the certificate under sub. (4).

AB271-ASA1, s. 26 Section 26. 60.84 (3) (c) (intro.) of the statutes is amended to read:

AB271-ASA1,14,18 60.84 (3) (c) (intro.) To establish, relocate or perpetuate a corner, the county surveyor or professional land surveyor shall set in the proper place a monument, as determined by the town board, consisting of:

AB271-ASA1, s. 27 Section 27. 60.84 (4) of the statutes is amended to read:

AB271-ASA1,14,25 60.84 (4) Certificate. The county surveyor or professional land surveyor shall prepare a certificate setting forth a complete and accurate record of any survey under this section, including the exact bearings and distances of each monument from each other monument nearest it on any line in the town. The certificate shall be recorded in the office of the register of deeds of the county in which the surveyed land is located.

AB271-ASA1, s. 28 Section 28. 70.27 (5) of the statutes is amended to read:

AB271-ASA1,16,3 70.27 (5) Surveys, reconciliations. The surveyor making the plat shall be a professional land surveyor licensed under ch. 443 and shall survey and lay out the boundaries of each parcel, street, alley, lane, roadway, or dedication to public or private use, according to the records of the register of deeds, and whatever evidence that may be available to show the intent of the buyer and seller, in the chronological order of their conveyance or dedication, and set temporary monuments to show the results of such survey which shall be made permanent upon recording of the plat as provided for in this section. The map shall be at a scale of not more than 100 feet per inch, unless waived in writing by the department of administration under s. 236.20 (2) (L). The owners of record of lands in the plat shall be notified by certified letter mailed to their last-known address, in order that they shall have opportunity to examine the map, view the temporary monuments, and make known any disagreement with the boundaries as shown by the temporary monuments. It is the duty of the professional land surveyor making the plat to reconcile any discrepancies that may be revealed, so that the plat as certified to the governing body is in conformity with the records of the register of deeds as nearly as is practicable. When boundary lines between adjacent parcels, as evidenced on the ground, are mutually agreed to in writing by the owners of record, such lines shall be the true boundaries for all purposes thereafter, even though they may vary from the metes and bounds descriptions previously of record. Such written agreements shall be recorded in the office of the register of deeds. On every assessor's plat, as certified to the governing body, shall appear the volume, page, and document number of the metes and bounds description of each parcel, as recorded in the office of the register of deeds, which shall be identified with the number by which such parcel is designated on the plat, except that lots which have been conveyed or otherwise acquired but upon which no deed is recorded in the office of register of deeds may be shown on an assessor's plat and when so shown shall contain a full metes and bounds description.

AB271-ASA1, s. 29 Section 29. 70.27 (6) of the statutes is amended to read:

AB271-ASA1,16,11 70.27 (6) Monuments, plat requirements. The provisions of s. 236.15 as to monuments, and the provisions of s. 236.20 as to form and procedure, insofar as they are applicable to the purposes of assessors' plats, shall apply. Any stake or monument found and accepted as correct by a professional land surveyor laying out an assessor's plat shall be indicated as "stake found" or "monument found" when mapping the plat and such stake or monument shall not be removed or replaced even though it is inconsistent with the standards of s. 236.15.

AB271-ASA1, s. 30 Section 30. 70.27 (7) (intro.) of the statutes is amended to read:

AB271-ASA1,16,16 70.27 (7) Certificate. (intro.) When completed, the assessor's plat shall be filed with the clerk of the governing body that ordered the plat. On its title page shall appear the sworn certificate of the professional land surveyor who made the plat, which shall state and contain:

AB271-ASA1, s. 31 Section 31. 70.27 (7) (d) of the statutes is amended to read:

AB271-ASA1,16,19 70.27 (7) (d) A statement that the professional land surveyor has fully complied with the provisions of this section in filing the same.

AB271-ASA1, s. 32 Section 32. 84.095 (5) of the statutes is amended to read:

AB271-ASA1,17,2 84.095 (5) Surveyor's Professional land surveyor's certificate. A plat prepared for filing or recording under this section shall include a certificate of a professional land surveyor registered licensed under s. 443.06 that the plat is a correct representation of the project described and that the identification and location of each parcel can be determined from the plat. This subsection does not apply to plats prepared by the department.

AB271-ASA1, s. 33 Section 33. 93.70 (1m) of the statutes is created to read:

AB271-ASA1,17,7 93.70 (1m) An employee of the department who is not a professional land surveyor, as defined in s. 443.01 (7m), and who prepares a map that depicts the boundaries of an easement to be acquired by the department under this section shall include on that map all of the following:

AB271-ASA1,17,8 (a) A disclaimer substantially similar to the disclaimer under s. 16.967 (3) (f).

AB271-ASA1,17,10 (b) A statement that the map is to be used only in connection with the program under this section.

AB271-ASA1,17,14 (c) A statement that the map was prepared using protocols established by the federal department of agriculture under the wetlands reserve program, 16 USC 3837 to 3837f, and that a copy of the protocols may be obtained from the department of agriculture, trade and consumer protection upon request.

AB271-ASA1, s. 34 Section 34. 157.061 (13m) of the statutes is created to read:

AB271-ASA1,17,17 157.061 (13m) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

AB271-ASA1, s. 35 Section 35. 157.07 (1) of the statutes is amended to read:

AB271-ASA1,17,25 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a professional land surveyor registered in this state those portions of the lands that are from time to time required for burial, into cemetery lots, drives and walks, and record a plat or map of the land in the office of the register of deeds. The plat or map may not be recorded unless laid out and platted to the satisfaction of the county board of the county, and the town board of the town in which the land is situated, or, if the land is situated within a 1st class city, then only by the common council of that city.

AB271-ASA1, s. 36 Section 36. 157.07 (2) of the statutes is amended to read:

AB271-ASA1,18,10 157.07 (2) The plat or map shall show the exact location of the tract being subdivided with reference to a corner or corners established in the United States public land survey by bearings and distances, and shall show a small scale drawing of the section or government subdivision of the section in which the cemetery plat is situated, with the cemetery plat indicated. The plat or map shall include the certificate of the professional land surveyor containing the name of the cemetery authority, the date of the survey, the professional land surveyor's stamp or seal and signature, and the professional land surveyor's statement that the survey is true to the professional land surveyor's best knowledge and belief.

AB271-ASA1, s. 37 Section 37. 157.07 (3) of the statutes is amended to read:

AB271-ASA1,18,21 157.07 (3) The plat or map shall be made on a durable white media that is 22 inches wide by 30 inches long with a permanent nonfading black image. Seals or signatures that are reproduced on images that comply with this subsection have the force and effect of original seals and signatures. When more than one sheet is used for any one plat or map, they shall be numbered consecutively and each sheet shall contain a notation showing the whole number of sheets in the plat, and its relation to the other sheets. The sheets may be provided by the county through the register of deeds on terms determined by the county board. The professional land surveyor shall leave a binding margin of 1.5 inches on the left side of the 30-inch length and a one-inch margin on all other sides.

AB271-ASA1, s. 38 Section 38. 236.02 (2m) of the statutes is amended to read:

AB271-ASA1,19,2 236.02 (2m) "Correction instrument" means an instrument drafted by a licensed professional land surveyor that complies with the requirements of s. 236.295 and that, upon recording, corrects a subdivision plat or a certified survey map.

AB271-ASA1, s. 39 Section 39. 236.02 (9b) of the statutes is created to read:

AB271-ASA1,19,5 236.02 (9b) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

AB271-ASA1, s. 40 Section 40. 236.025 of the statutes is created to read:

AB271-ASA1,19,8 236.025 Ordinary high water marks. (1) For purposes of ss. 236.15 (1) (a) and (d) and 236.20 (2) (g), a professional land surveyor may do any of the following:

AB271-ASA1,19,11 (a) Incorporate into a map, plat, or survey an ordinary high water mark that has been determined by the department of natural resources or otherwise determined pursuant to law.

AB271-ASA1,19,13 (b) Approximate the ordinary high water mark and incorporate that mark into a map, plat, or survey.

AB271-ASA1,19,18 (2) For purposes of sub. (1) (b), the location of the approximate ordinary high water mark shall be the point on the bank of a stream or on the shore of a lake up to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction, prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

AB271-ASA1,19,19 (3) For purposes of this section, all of the following apply:

AB271-ASA1,19,22 (a) A map, plat, or survey that shows an approximate ordinary high water mark shall state on its face that the mark is shown for reference only and is subject to correction or modification by the department of natural resources or by law.

AB271-ASA1,19,25 (b) A map, plat, or survey that shows an ordinary high watermark determined by the department of natural resources or otherwise by law shall state on its face the source and date of that determination.

AB271-ASA1, s. 41 Section 41. 236.12 (8) of the statutes is amended to read:

AB271-ASA1,20,9 236.12 (8) In order to facilitate approval of the final plat where more than one approval is required, the subdivider may file a true copy of the plat with the approving authority or authorities with which the original of the final plat has not been filed. The approval of such authorities may be based on such copy but shall be inscribed on the original of the final plat. Before inscribing its approval, the approving authority shall require the professional land surveyor or the owner to certify the respects in which the original of the final plat differs from the copy. All modifications in the final plat shall be approved before final approval is given.

AB271-ASA1, s. 42 Section 42. 236.15 (1) (a) of the statutes is amended to read:

AB271-ASA1,20,24 236.15 (1) (a) The external boundaries of a subdivision shall be monumented in the field by monuments of concrete containing a ferrous rod one-fourth inch in diameter or greater imbedded its full length, not less than 18 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 18 inches long and 2 inches in diameter weighing not less than 3.65 pounds per lineal foot. Solid round or square iron bars of equal or greater length or weight per foot may be used in lieu of pipes wherever pipes are specified in this section. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along the meander line, said points to be not less than 20 feet back from the determined or approximated ordinary high water mark of the lake or from the bank of the stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street.

AB271-ASA1, s. 43 Section 43. 236.15 (1) (d) of the statutes is amended to read:

AB271-ASA1,21,8 236.15 (1) (d) The lines of lots, outlots, parks and public access and land dedicated to the public that extend to lakes or streams shall be monumented in the field by iron pipes at least 18 inches long and one inch in diameter weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 18 inches long and weighing not less than 1.13 pounds per lineal foot. These monuments shall be placed at the point of intersection of the lake or stream lot line with a meander line established not less than 20 feet back from the determined or approximated ordinary high water mark of the lake or from the bank of the stream.

AB271-ASA1, s. 44 Section 44. 236.15 (2) of the statutes is amended to read:

AB271-ASA1,21,13 236.15 (2) Accuracy of survey. The survey shall be performed by a professional land surveyor registered in this state and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.

AB271-ASA1, s. 45 Section 45. 236.16 (3) (title) of the statutes is amended to read: