SB194: Bill Text

SB194,9,3 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.

SB194, s. 15 Section 15. 59.74 (2) (g) of the statutes is amended to read:

SB194,9,7 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.

SB194, s. 16 Section 16. 59.74 (2) (h) of the statutes is amended to read:

SB194,9,23 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.

SB194, s. 17 Section 17. 59.74 (2) (j) of the statutes is amended to read:

SB194,10,3 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.

SB194, s. 18 Section 18. 59.75 of the statutes is amended to read:

SB194,10,12 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.

SB194, s. 19 Section 19. 60.84 (1) of the statutes is amended to read:

SB194,10,17 60.84 (1) Survey, contract for. The town board may contract with the county surveyor or any registered person licensed under ch. 443 as a professional land surveyor to survey all or some of the sections in the town and to erect monuments under this section as directed by the board.

SB194, s. 20 Section 20. 84.095 (5) of the statutes is amended to read:

SB194,10,23 84.095 (5) 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.

SB194, s. 21 Section 21. 157.07 (1) of the statutes is amended to read:

SB194,11,8 157.07 (1) A cemetery authority shall cause to be surveyed and platted by a professional land surveyor registered in this state licensed under ch. 443 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.

SB194, s. 22 Section 22. 236.02 (2m) of the statutes is amended to read:

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: