SB194: Bill Text

SB194,11,13 236.02 (2m) "Correction instrument" means an instrument drafted by a licensed professional land surveyor licensed under ch. 443, that complies with the requirements of s. 236.295, and that, upon recording, corrects a subdivision plat or a certified survey map.

SB194, s. 23 Section 23. 236.025 of the statutes is created to read:

SB194,11,17 236.025 Ordinary high water marks. (1) For purposes of ss. 236.15 (1) (a) and (d) and 236.20 (2) (g), a professional land surveyor licensed under ch. 443 may do any of the following:

SB194,11,20 (a) Incorporate into a map, plat, or survey an ordinary high water mark that has been identified by the department of natural resources or otherwise identified pursuant to law.

SB194,11,22 (b) Approximate the ordinary high water mark and incorporate that mark into a map, plat, or survey.

SB194,12,2 (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.

SB194, s. 24 Section 24. 236.15 (1) (a) of the statutes is amended to read:

SB194,12,17 236.15 (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 identified 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.

SB194, s. 25 Section 25. 236.15 (1) (d) of the statutes is amended to read:

SB194,13,2 236.15 (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 identified or approximated ordinary high water mark of the lake or from the bank of the stream.

SB194, s. 26 Section 26. 236.15 (2) of the statutes is amended to read:

SB194,13,7 236.15 (2) Accuracy of survey. The survey shall be performed by a professional land surveyor registered in this state licensed under ch. 443, 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.

SB194, s. 27 Section 27. 236.16 (3) (title) of the statutes is amended to read:

SB194,13,9 236.16 (3) (title) Lake and stream shore plats; public access.

SB194, s. 28 Section 28. 236.16 (4) (title) of the statutes is amended to read:

SB194,13,12 236.16 (4) (title) Lake and stream shore plats; land between meander line and water's edge.

SB194, s. 29 Section 29. 236.20 (2) (g) of the statutes is amended to read:

SB194,13,17 236.20 (2) (g) All lake or stream shore meander lines established by the 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 identified or approximated ordinary high water mark.

SB194, s. 30 Section 30. 236.20 (6) of the statutes is created to read:

SB194,13,21 236.20 (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:

SB194,13,25 "Any land below the ordinary high water mark 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."

SB194, s. 31 Section 31. 236.34 (1) (a) of the statutes is amended to read:

SB194,14,5 236.34 (1) (a) The survey shall be performed and the map prepared by a professional land surveyor registered in this state licensed under ch. 443. The error in the latitude and departure closure of the survey may not exceed the ratio of one in 3,000.

SB194, s. 32 Section 32. 440.03 (13) (b) 34. of the statutes is amended to read:

SB194,14,7 440.03 (13) (b) 34. Land surveyor, professional.

SB194, s. 33 Section 33. 440.08 (2) (a) 39. of the statutes is amended to read:

SB194,14,10 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year; $77.

SB194, s. 34 Section 34. 440.08 (2) (a) 39. of the statutes, as affected by 2007 Wisconsin Acts 20 and .... (this act), is repealed and recreated to read:

SB194,14,14 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year.

SB194, s. 35 Section 35. Chapter 443 (title) of the statutes is amended to read:

SB194,14,16 CHAPTER 443

SB194,14,21 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND professional LAND SURVEYORS

SB194, s. 36 Section 36. 443.01 (1g) of the statutes is created to read:

SB194,15,2 443.01 (1g) "Cartographic surveying" means collecting topographic, hydrographic, aerial, anthropologic, forensic, architectural, or mining data that depicts areas and physical features on, below, or above the surface of the earth and compiling maps.

SB194, s. 37 Section 37. 443.01 (1r) of the statutes is created to read:

SB194,15,7 443.01 (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.

SB194, s. 38 Section 38. 443.01 (3) of the statutes is amended to read:

SB194,15,11 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors.

SB194, s. 39 Section 39. 443.01 (3b) of the statutes is created to read:

SB194,15,14 443.01 (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.

SB194, s. 40 Section 40. 443.01 (4) of the statutes is renumbered 443.01 (6s) (a) (intro.) and amended to read:

SB194,15,19 443.01 (6s) (a) (intro.) "Land Except as provided in par. (b), "practice of professional land surveying" means any service comprising the determination of the location of the following:

SB194,15,21 3. Establishing, restoring, or perpetuating private or public land boundaries and land boundary corners; the preparation of.

SB194,15,23 4. Preparing maps showing the for the purpose of establishing the boundaries of interests in real property that depict any of the following:

SB194,16,3 a. The shape and area of tracts of land and their subdivisions into smaller tracts; the preparation of maps showing the or the subdivision or consolidation of tracts of land.

SB194,16,5 b. The layout and rights-of way of roads, or streets and rights-of-way of same to give access to smaller tracts; and the preparation of.

SB194,16,6 5. Preparing assessors' or official plats, or maps, of land in this state.

SB194, s. 41 Section 41. 443.01 (6s) (a) 1. and 2. of the statutes are created to read:

SB194,16,9 443.01 (6s) (a) 1. Measuring and analyzing a tract of land to determine its legal description.

SB194,16,11 2. Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

SB194, s. 42 Section 42. 443.01 (6s) (a) 4. c. and d. of the statutes are created to read:

SB194,16,13 443.01 (6s) (a) 4. c. Air or property rights.

SB194,16,14 d. Public or private easements.

SB194, s. 43 Section 43. 443.01 (6s) (a) 6. to 8. of the statutes are created to read:

SB194,16,19 443.01 (6s) (a) 6. Applying knowledge or experience about land surveying to assist in the development, use, or management of geographic or land information systems that collect, organize, or disseminate data regarding land ownership or land resources.

SB194,16,21 7. Performing cartographic, construction, or geodetic surveying in connection with any of the practices specified in subds. 1. to 5.

SB194,16,23 8. Providing consultation services related to any of the practices specified in this subsection.

SB194, s. 44 Section 44. 443.01 (6s) (b) of the statutes is created to read:

SB194,17,2 443.01 (6s) (b) "Practice of professional land surveying" does not include the establishment of an ordinary high water mark.

SB194, s. 45 Section 45. 443.01 (7m) of the statutes is created to read:

SB194,17,7 443.01 (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.

SB194, s. 46 Section 46. 443.02 (4) of the statutes is amended to read:

SB194,17,13 443.02 (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 practice under this chapter.

SB194, s. 47 Section 47. 443.06 (title) of the statutes is amended to read:

SB194,17,16 443.06 (title) Registration Licensure requirements for professional land surveyors.

SB194, s. 48 Section 48. 443.06 (1) (title) of the statutes is amended to read:

SB194,17,18 443.06 (1) (title) Registration Licensure, application, qualifying experience.

SB194, s. 49 Section 49. 443.06 (1) (a) of the statutes is amended to read:

SB194,18,3 443.06 (1) (a) Application for registration licensure as a professional land surveyor or a permit to practice 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 practice as professional land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

SB194, s. 50 Section 50. 443.06 (1) (b) of the statutes is amended to read:

SB194,18,11 443.06 (1) (b) Each year, but not more than 4 years, of work or training completed in a curriculum in land surveying approved by the professional land surveyor section, or of responsible charge of land surveying teaching may be considered as equivalent to one year of qualifying experience in land surveying work, and each year, but not more than 4 years, completed in a curriculum other than land surveying approved by the land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

SB194, s. 51 Section 51. 443.06 (2) (intro.) of the statutes is amended to read:

SB194,18,16 443.06 (2) Requirements; certificate of registration license. (intro.) The section may grant a certificate of registration as a professional land surveyor license to any person who has submitted to it an application, the required fees, and one or more of the following:

SB194, s. 52 Section 52. 443.06 (2) (a) of the statutes is repealed.

SB194, s. 53 Section 53. 443.06 (2) (am) of the statutes is amended to read:

SB194,19,3 443.06 (2) (am) Evidence satisfactory to the professional land surveyor section that he or she has received a bachelor's degree in a course in land surveying or a related field that has a duration of not less than 4 years and is approved by the land surveyor section, and that he or she has engaged in at least 2 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB194, s. 54 Section 54. 443.06 (2) (b) of the statutes is repealed.

SB194, s. 55 Section 55. 443.06 (2) (bm) of the statutes is amended to read:

SB194,19,15 443.06 (2) (bm) Evidence satisfactory to the professional land surveyor section that he or she has received an associate degree in a course in land surveying or a related field that has a duration of not less than 2 years and is approved by the land surveyor section, and that he or she has engaged in at least 4 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB194, s. 56 Section 56. 443.06 (2) (c) of the statutes is repealed.

SB194, s. 57 Section 57. 443.06 (2) (cm) of the statutes is amended to read:

SB194,19,25 443.06 (2) (cm) Evidence satisfactory to the professional land surveyor section that he or she has engaged in at least 10 years of land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB194, s. 58 Section 58. 443.06 (2) (d) of the statutes is amended to read:

SB194,20,8 443.06 (2) (d) An unexpired certificate of registration , certificate of certification, or license as a land surveyor or professional land surveyor issued to the applicant by the proper authority in any state or territory or possession of the United States or in any other country whose requirements meet or exceed the requirement for registration licensure in this subsection, if the applicant has passed an oral and written or written examination administered by the professional land surveyor section.

SB194, s. 59 Section 59. 443.06 (2) (e) of the statutes is repealed.

SB194, s. 60 Section 60. 443.06 (2) (em) of the statutes is amended to read:

SB194,20,21 443.06 (2) (em) Evidence satisfactory to the professional land surveyor section that he or she has completed an apprenticeship training course in land surveying prescribed by the department of workforce development, and has engaged in a period of additional land surveying practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying and that, when added to the period of the apprenticeship, totals at least 8 years of land surveying practice, if the applicant has passed an oral and written or written examination administered by the land surveyor section. This paragraph applies to actions of the land surveyor section on applications for professional land surveyors' certificates licenses that are submitted to the land surveyor section after June 30, 2000.

SB194, s. 61 Section 61. 443.06 (3) of the statutes is amended to read:

SB194,21,4 443.06 (3) Permit to practice. The examining board may grant a permit to engage in the practice of professional land surveying during the time an application is pending to a person who is not registered licensed in this state, if the person has submitted an application for registration as a professional land surveyor license and paid the required fee and holds an unexpired certificate of registration, certificate of certification, or license which in the opinion of the examining board meets the requirements of sub. (2). The permit shall be revocable by the section at its pleasure.