SB194: Bill Text

1. Establishing, restoring, or perpetuating private or public land boundaries and boundary corners.

2. Preparing maps for establishing the boundaries of interests in real property that depict any of the following: a) the shape and area of tracts of land or the subdivision or consolidation of tracts; b) the layout and rights-of-way of roads or streets; c) air, water, or property rights; or d) public or private easements.

3. Preparing assessors' or official plats or maps of lands in this state.

4. Measuring and analyzing a tract of land to determine its legal description.

5. Designing or coordinating designs for platting or subdividing tracts of land.

6. Applying knowledge or experience about land surveying to assist in the development, use, or management of geographic or land information systems.

7. Performing cartographic, construction, or geodetic surveying in connection with any of the practices described in the above items.

8. Providing consultation services related to any of the practices described in the above items.

The bill also replaces the certificate of registration requirement under current law with a licensure requirement. Therefore, under the bill with certain exceptions, a person may not engage in the practice of professional land surveying or represent that he or she is a professional land surveyor unless the person is issued a license or permit by the section. Also, after July 1, 2018, the bill requires employees of this state and public utilities to obtain a license or permit to engage in the practice of professional land surveying. Such employees are exempt from the certificate of registration and permit requirements under current law.

In addition, the bill changes the name of the section to the professional land surveyor section and changes the name of the board to the examining board of architects, landscape architects, professional engineers, designers and professional land surveyors. The bill also replaces various references under current law to "registered land surveyor" with "professional land surveyor."

For purposes of platting lands or preparing survey maps that involve ordinary high water marks (OHWMs), a professional surveyor may incorporate an ordinary high water mark that has been identified by the Department of Natural Resources or that has otherwise been identified by law or may approximate the ordinary high water mark. The bill requires that a statement be included on the face of a plat or map explaining that the land below the OHWM is subject to the public trust doctrine for navigable waters and that exposed land between the OHWM and the water's edge is to be used exclusively by the owner of the adjacent waterfront property, unless otherwise provided by law.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB194, s. 1 Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes are amended to read:

SB194,3,12 15.405 (2) Examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors. (intro.) There is created an examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of regulation and licensing. Any professional member appointed to the examining board shall be registered or licensed to practice architecture, landscape architecture, professional engineering, the design of engineering systems, or professional land surveying under ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional engineers, 3 designers, 3 professional land surveyors, and 10 public members.

SB194,4,6 (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, an engineer section, a designer section , and a professional land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

SB194,4,11 (b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration or licensure, and all other matters of interest to either the architect, landscape architect, engineer, designer, or professional land surveyor section shall be acted upon solely by the interested section.

SB194, s. 2 Section 2. 26.09 (3) (b) 1. of the statutes is amended to read:

SB194,4,19 26.09 (3) (b) 1. A court shall award damages that equal the stumpage value of the raw forest products harvested if the person harvesting the raw forest products or the person giving consent for the harvesting reasonably relied upon a recorded survey that was done by a person who is registered licensed under ch. 443 as a professional land surveyor or who is issued a permit to engage in the practice of professional land surveying under s. 443.06 even if the recorded survey is determined, after the harvesting, to be in error.

SB194, s. 3 Section 3. 30.11 (3) of the statutes is amended to read:

SB194,5,7 30.11 (3) How established. Whenever any municipality proposes to establish a bulkhead line or to reestablish an existing bulkhead line, the municipality shall indicate both the existing shore and the proposed bulkhead line upon a map and shall file with the department for its approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead line. The map shall use a scale of not less than 100 feet to an inch or any other scale required by the department. The map and a metes and bounds description of the bulkhead line shall be prepared by a person licensed as a professional land surveyor registered in this state under ch. 443. The department may require the installation of permanent reference markers to the bulkhead line. Upon approval by the department, the municipality shall deliver the map, description, and ordinance to the office of the register of deeds of the county in which the bulkhead line lies, to be recorded by the register of deeds.

SB194, s. 4 Section 4. 30.13 (3) (a) of the statutes is amended to read:

SB194,5,16 30.13 (3) (a) Any municipality authorized by s. 30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered person licensed as a professional land surveyor under ch. 443 and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.

SB194, s. 5 Section 5. 59.001 (2k) of the statutes is created to read:

SB194,5,19 59.001 (2k) "Professional land surveyor" means a land surveyor licensed under ch. 443.

SB194, s. 6 Section 6. 59.20 (2) (c) of the statutes is amended to read:

SB194,6,2 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.

SB194, s. 7 Section 7. 59.43 (8) of the statutes is amended to read:

SB194,6,13 59.43 (8) Required signature and seal on survey document for filing or recording. 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 deed, contract, or other recordable document prepared by an attorney, or to a transportation project plat that conforms to s. 84.095 and that is prepared by a state agency.

SB194, s. 8 Section 8. 59.45 (1) (a) 2. of the statutes is amended to read:

SB194,7,2 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.

SB194, s. 9 Section 9. 59.45 (1) (b) of the statutes is amended to read:

SB194,7,10 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 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.

SB194, s. 10 Section 10. 59.45 (3) of the statutes is amended to read:

SB194,7,14 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.

SB194, s. 11 Section 11. 59.46 of the statutes is amended to read:

SB194,7,19 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.

SB194, s. 12 Section 12. 59.73 (2) of the statutes is amended to read:

SB194,8,2 59.73 (2) Subdividing sections. Whenever a surveyor is required to subdivide a section or smaller subdivision of land established by the United States survey, the 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.

SB194, s. 13 Section 13. 59.74 (2) (b) 1. of the statutes is amended to read:

SB194,8,20 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.

SB194, s. 14 Section 14. 59.74 (2) (c) of the statutes is amended to read:

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: