Amendment ASA1-AB271

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:

AB271-ASA1,21,15 236.16 (3) (title) Lake and stream shore plats; public access.

AB271-ASA1, s. 46 Section 46. 236.16 (4) (title) of the statutes is amended to read:

AB271-ASA1,21,18 236.16 (4) (title) Lake and stream shore plats; land between meander line and water's edge.

AB271-ASA1, s. 47 Section 47. 236.20 (2) (g) of the statutes is amended to read:

AB271-ASA1,21,23 236.20 (2) (g) All lake or stream shore meander lines established by the professional land surveyor in accordance with s. 236.15 (1) (d), the distances and bearings thereof, and the distance between the point of intersection of such meander lines with lot lines and the determined or approximated ordinary high water mark.

AB271-ASA1, s. 48 Section 48. 236.20 (6) of the statutes is created to read:

AB271-ASA1,22,3 236.20 (6) Public trust information. A final plat of a subdivision, or a certified survey map of land, to which s. 236.16 (4) applies shall show on its face the following statement:

AB271-ASA1,22,8 "Any land below the ordinary high water mark of a navigable lake or stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution. However, the owner of the real property that abuts such land has exclusive use of that land when it is exposed, except as otherwise provided by law or by the owner's title."

AB271-ASA1, s. 49 Section 49. 236.21 (1) (intro.) of the statutes is amended to read:

AB271-ASA1,22,13 236.21 (1) Surveyor's Professional land surveyor's certificate of compliance with statute. (intro.) The certificate of the professional land surveyor who surveyed, divided, and mapped the land giving all of the following information, which shall have the same force and effect as an affidavit:

AB271-ASA1, s. 50 Section 50. 236.21 (1) (a) of the statutes is amended to read:

AB271-ASA1,22,16 236.21 (1) (a) By whose direction the professional land surveyor made the survey, subdivision, and plat of the land described on the plat.

AB271-ASA1, s. 51 Section 51. 236.21 (1) (d) of the statutes is amended to read:

AB271-ASA1,22,20 236.21 (1) (d) A statement that the professional land surveyor has fully complied with the provisions of this chapter in surveying, dividing , and mapping the land.

AB271-ASA1, s. 52 Section 52. 236.32 (1) of the statutes is amended to read:

AB271-ASA1,22,23 236.32 (1) Any owner, professional land surveyor, or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.

AB271-ASA1, s. 53 Section 53. 236.34 (1) (a) of the statutes is amended to read:

AB271-ASA1,23,3 236.34 (1) (a) The survey shall be performed and the map prepared by a professional land surveyor registered in this state. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.

AB271-ASA1, s. 54 Section 54. 236.34 (1) (d) (intro.) of the statutes is amended to read:

AB271-ASA1,23,7 236.34 (1) (d) (intro.) The map shall include a certificate of the professional land surveyor who surveyed, divided, and mapped the land which has the same force and effect as an affidavit and which gives all of the following information:

AB271-ASA1, s. 55 Section 55. 236.34 (1) (d) 1. of the statutes is amended to read:

AB271-ASA1,23,10 236.34 (1) (d) 1. By whose direction the professional land surveyor made the survey, division, and map of the land described on the certified survey map.

AB271-ASA1, s. 56 Section 56. 236.34 (1) (d) 4. of the statutes is amended to read:

AB271-ASA1,23,14 236.34 (1) (d) 4. A statement that the professional land surveyor has fully complied with the provisions of this section in surveying, dividing , and mapping the land.

AB271-ASA1, s. 57 Section 57. 440.03 (13) (b) 34. of the statutes is amended to read:

AB271-ASA1,23,16 440.03 (13) (b) 34. Land surveyor, professional.

AB271-ASA1, s. 58 Section 58. 440.08 (2) (a) 39. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB271-ASA1,23,20 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year.

AB271-ASA1, s. 59 Section 59. Chapter 443 (title) of the statutes is amended to read:

AB271-ASA1,23,22 CHAPTER 443

AB271-ASA1,24,2 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND professional LAND SURVEYORS

AB271-ASA1, s. 60 Section 60. 443.01 (1g) of the statutes is created to read:

AB271-ASA1,24,7 443.01 (1g) "Cartographic surveying" means collecting and making maps of topographic, hydrographic, aerial, anthropologic, forensic, architectural, or mining data that depicts areas and physical features on, below, or above the surface of the earth.

AB271-ASA1, s. 61 Section 61. 443.01 (1r) of the statutes is created to read:

AB271-ASA1,24,12 443.01 (1r) "Construction surveying" means surveying or mapping in support of infrastructure design, improvements related to private and public boundary lines, construction layout or historic preservation, and establishing any postconstruction documentation related to such surveying or mapping.

AB271-ASA1, s. 62 Section 62. 443.01 (3) of the statutes is amended to read:

AB271-ASA1,24,16 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors.

AB271-ASA1, s. 63 Section 63. 443.01 (3b) of the statutes is created to read:

AB271-ASA1,24,19 443.01 (3b) "Geodetic surveying" means surveying to determine the size and shape of the earth or the precise positions of points on the surface of the earth.

AB271-ASA1, s. 64 Section 64. 443.01 (4) of the statutes is repealed.

AB271-ASA1, s. 65 Section 65. 443.01 (6s) of the statutes is created to read:

AB271-ASA1,24,23 443.01 (6s) (a) Except as provided in par. (b), "practice of professional land surveying" means any of the following:

AB271-ASA1,25,3 1. Any service comprising the determination of the location of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property:

AB271-ASA1,25,4 a. The layout and rights-of-way of roads or streets.

AB271-ASA1,25,5 b. Air or property rights.

AB271-ASA1,25,6 c. Public or private easements.

AB271-ASA1,25,8 2. Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

AB271-ASA1,25,13 3. Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to describe the shape, area, and boundaries of one or more tracts of land or the subdivision or consolidation of one or more tracts of land or to describe the boundaries of any interest in real property identified in subd. 1.

AB271-ASA1,25,15 4. Preparing maps that depict any interest in real property identified in subd. 1. for the purpose of establishing the boundaries of any such interest in real property.

AB271-ASA1,25,16 5. Preparing any of the following:

AB271-ASA1,25,18 a. An official map established or amended under s. 62.23 (6), established or amended under the authority of s. 61.35, or adopted under s. 60.61.

AB271-ASA1,25,19 b. An assessor's plat under s. 70.27.

AB271-ASA1,25,20 c. A map or plat of cemetery lands under s. 157.07.

AB271-ASA1,25,22 d. A subdivision plat, certified survey map, or correction instrument under ch. 236.

AB271-ASA1,25,23 e. A condominium plat or correction instrument under ch. 703.

AB271-ASA1,25,24 f. A project and time-share plat under s. 707.215.

AB271-ASA1,26,2 6. Performing cartographic, construction, or geodetic surveying in connection with any of the practices specified in subds. 1. to 5.

AB271-ASA1,26,4 (b) "Practice of professional land surveying" does not include the establishment of an ordinary high water mark.

AB271-ASA1, s. 66 Section 66. 443.01 (7m) of the statutes is created to read:

AB271-ASA1,26,9 443.01 (7m) "Professional land surveyor" means a person who, by reason of his or her knowledge of law, mathematics, physical sciences, and measurement techniques, acquired by education and practical experience, is granted a license or permit to engage in the practice of professional land surveying under this chapter.

AB271-ASA1, s. 67 Section 67. 443.02 (4) of the statutes is amended to read:

AB271-ASA1,26,15 443.02 (4) No person may engage in or offer to engage in the practice of professional land surveying in this state or use or advertise any title or description tending to convey the impression that the person is a professional land surveyor unless the person has been issued a certificate of registration or granted a license or permit to engage in the practice of professional land surveying under this chapter.

AB271-ASA1, s. 68 Section 68. 443.06 (title) of the statutes is amended to read:

AB271-ASA1,26,18 443.06 (title) Registration Licensure requirements for professional land surveyors.

AB271-ASA1, s. 69 Section 69. 443.06 (1) (title) of the statutes is amended to read:

AB271-ASA1,26,20 443.06 (1) (title) Registration Licensure, application, qualifying experience.

AB271-ASA1, s. 70 Section 70. 443.06 (1) (a) of the statutes is amended to read:

AB271-ASA1,27,6 443.06 (1) (a) Application for registration as a land surveyor a license or a permit to engage in the practice of professional land surveying shall be made to the section under oath, on forms provided by the department, which shall require the applicant to submit such information as the section deems necessary. The section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335, shall be entitled to be registered or issued a granted a license or permit to engage in the practice as of professional land surveyors surveying when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

AB271-ASA1, s. 71 Section 71. 443.06 (1) (b) of the statutes is amended to read:

AB271-ASA1,27,16 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in the practice of professional land surveying approved by the professional land surveyor section, or of responsible charge of land surveying teaching the practice of professional land surveying may be considered as equivalent to one year of qualifying experience in land surveying work the practice of professional land surveying, and each year, but not more than 4 years, completed in a curriculum other than the practice of professional land surveying approved by the land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

AB271-ASA1, s. 72 Section 72. 443.06 (2) (intro.) of the statutes is amended to read: