SB444: Bill Text

5. Preparing any of the following: a) an official map established or amended by a city, established or amended by a village, or adopted by a town; b) an assessor's plat; c) a map or plat of cemetery lands; d) a subdivision plat, certified survey map, or correction instrument; e) a condominium plat or correction instrument; or f) a project and time-share plat.

6. Performing construction or geodetic surveying in connection with any of the practices specified in items 1. to 5.

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.

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," "land surveyor," and "surveyor" with "professional land surveyor."

Under current law, a person who has engaged in land surveying with a specified level of competence for at least ten years and who has passed oral and written examinations may be certified as a land surveyor. Similarly, current law permits a person who has completed an apprenticeship training course in land surveying, engaged in land surveying for eight years, and passed oral and written examinations may be certified as a land surveyor. This bill eliminates these two pathways for licensure.

Current law authorizes the section to grant a permit to practice land surveying to a person while the application is pending if the person has paid a fee and holds an unexpired certification that satisfies the one of the requirements for certification in this state. Such a permit may be revoked by the section at any time. This law modifies the permitting authority granted to the section by restricting the permit to one discrete project and requiring the applicant to demonstrate to the satisfaction of the section that failure to obtain a permit will result in delay of the discrete project and financial loss to the person for whom the applicant seeks to engage in the practice of professional land surveying.

Current law offers several exemptions from certification as a land surveyor; current law exempts officers and employees of the federal government and employees of this state from certification while the individuals are engaged in land surveying for the federal or state government, respectively. This bill eliminates these exemptions from licensure. Current law also exempts employees of public utilities who are engaged in land surveying from certification until July 1, 2018. This bill changes the date at which the exemption applies to July 1, 2013.

Current law permits a town board to contract with the county surveyor or any registered professional land surveyor to survey all or some of the sections of the town and to erect monuments. Currently, the surveyor retained by the town must prepare a certificate that provides a record of any survey created and that documents actions taken by the county surveyor. The certificate must include the bearings of and distance between monuments and must be recorded in the office of the county register of deeds. This bill requires, instead, that a surveyor retained by the town prepare a U.S. Public Land Survey monument record (monument record) that documents the actions taken by the surveyor, including every monument erected on section and quarter section corners. The monument record must be either recorded with the register of deeds or filed in the office of the county surveyor in which the land is located. Current law permits the town board to determine the nature of the monument, but the monument must be either a stone or other durable material of certain dimensions or a three-inch diameter iron pipe of certain dimensions. This bill permits the town board and the surveyor to agree upon an equivalent monument.

Under current law, a survey and plat must be prepared for lands required to be used for burial, into cemetery lots, drives, and walks by a cemetery authority. The plat or map must show the location of the land being subdivided with reference to a corner or corners established by the U.S. Public Land Survey by bearings and distances. This bill requires, instead, that the location of the lands be indicated on the plat or map by bearing and distance from the boundary line of a government lot, quarter section, recorded private claim, or federal reservation in which the subdivision is located and the monumentation at the ends of the boundary line must be described and the bearing and distance shown.

Under current law, a professional surveyor who prepares a lake or stream shore plat must show certain dimensions as measured from the ordinary high water mark (OHWM) of the lake or stream. The bill authorizes a professional land surveyor to incorporate an OHWM that has been determined by the DNR or that has otherwise been determined by law or to approximate the OHWM. The bill requires that statements be included on the face of certain plats or maps that explain that the land below the OHWM of a navigable water 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 or by the owner's title.

The bill makes a number of changes to the laws relating to subdivision plats, certified survey maps, and the recording of certain plats, including the following:

1. Under current law, a subdivision plat may not be recorded unless it is approved by, depending on the location of the subdivision that is the subject of the plat, the governing body of a town, city, or village and, in some circumstances, a county planning agency (approving authorities). The plat must also be approved by a county planning agency, county park commission, or county park manager to determine whether there is a conflict with parks, parkways, or other planned public developments; the Department of Administration (DOA); if the subdivision abuts or adjoins a state highway, the Department of Transportation (DOT); and, if the subdivision is not served by a public sewer and provision for that service has not been made, the Department of Safety and Professional Services (DSPS) (approving agencies). Current law specifies the number of copies of the plat that must be submitted, to whom they must be submitted, and the time limits within which the approving authorities and approving agencies must act and provides two different procedures that may be used by a subdivider. The bill simplifies the approval process by limiting it to a single procedure, which is, for the most part, one of the two procedures under current law.

Under the bill, the subdivider or subdivider's agent must submit an electronic copy of the preliminary or final plat, or a copy that is capable of legible reproduction, to the approving authority or authorities and to DOA. DOA must examine the plat for compliance with certain statutory requirements and, within two days, transmit an electronic copy or two legible hard copies of the plat to DOT or DSPS or both, based on the criteria under current law. Also within two days after receiving the copy of the plat, DOA must transmit copies of the plat to the county planning agency, county park commission, or county park manager for making the determinations required under current law. Each approving agency has 20 days after receiving a copy of the plat to notify the subdivider and all other approving agencies of any objection to the plat, or to certify on the face of a copy of the plat that it has no objection and to return that copy to DOA. DOA, then, must certify on the face of the plat that each approving agency has certified that it has no objection or that its objection has been satisfied. If an approving agency other than DOA fails to act within 20 days of receiving a copy of the plat, or if DOA fails to act within 30 days of receiving a copy of the plat, the plat is deemed to be approved and, upon demand, DOA must so certify on the face of the plat.

As under current law, the approving authority or authorities have 60 days after receiving the plat to approve or reject it, but no approving authority may inscribe its final approval on the plat before DOA has certified that all approving agencies have approved the plat.

2. Current law provides that public access to a navigable lake or stream that is established when a subdivision is platted may be vacated only by court action. The bill specifies that such public access may, in addition, be discontinued through a process that exists under current law in which a city, village, town, or county may, by resolution, discontinue a public way upon the written petition of the requisite number of landowners abutting the public way. Current law also provides that the Department of Natural Resources must approve of any such discontinuation by a town or county if the public way provides public access to a navigable lake or stream.

3. Current law specifies where monuments must be placed when a subdivision is surveyed and provides that, if a monument would have to be placed in a street when the external boundaries of a subdivision are surveyed, the monument may be placed in the side line of the street. The bill expands this provision to surveys of all parts of a subdivision, not just the external boundaries.

4. Current law provides that a subdivider's project may be constructed in phases and that the amount of any security required by the municipality in which the project is located must be limited to the phase of the project currently being constructed. The bill makes this provision retroaction to all subdivision plats, regardless of when submitted for approval.

5. Under current law, a subdivision plat must have a margin that is binding and one and one-half inches on the left side and a one-inch margin on all other sides; all lands dedicated to public use, except roads and streets, must be clearly marked on the plat as dedicated to the public; and the location of the subdivision must be indicated by bearing and distance from a boundary line of a quarter section, recorded private claim, or federal reservation. The bill changes the plat margin requirements to one inch on all sides, requires roads and streets that are dedicated to public use also to be marked as dedicated to the public, and adds that the location of the subdivision may be indicated by bearing and distance from a boundary line of a government lot monumented in the original survey or resurvey of Wisconsin.

6. The bill clarifies that if land shown in a subdivision plat or certified survey map that is to be recorded is shown in a previously recorded plat or certified survey map, it may be described in the new plat or certified survey map by the subdivision name or previous certified survey map number rather than requiring a metes-and-bounds description of the land.

7. Under current law, a certified survey map may not be recorded unless it is offered for record within 6 months after the last approval and within 24 months after the first approval. The bill increases this timeline to within 12 months after the last approval and within 36 months after the first approval.

8. The bill explicitly allows certified survey maps to be used to grant easements to the public or any person, society, or corporation.

9. Current law provides a procedure for vacation of a subdivision plat by a circuit court. The bill establishes a similar procedure for vacation of a certified survey map by a circuit court.

10. The bill provides that the following documents may be produced for recording on any material that is capable of clearly legible reproduction or other media that is acceptable to the register of deeds: a subdivision plat, a certified survey map, an assessor's plat, a cemetery plat, a condominium plat, and a time-share plat.

11. Current law provides a penalty of not more than $250 or imprisonment for not more than one year in the county jail for various violations related to the placement of monuments by a surveyor. The bill provides that each monument to which a violation applies is a separate violation and therefore subject to a separate penalty.

The bill codifies the holding of the Wisconsin Supreme Court in FAS, LLC v. Town of Bass Lake, 2007 WI 73, 301 Wis. 2d 321, 733 N.W. 2d 287, by specifying that, unless a local ordinance provides otherwise, a navigable stream running through a parcel of property does not, in and of itself, divide the parcel into two lots if the same person holds title to the property on both sides of the stream.

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:

SB444, s. 1 Section 1. 15.405 (2) (intro.), (a) and (b) of the statutes, as affected by 2011 Wisconsin Act 32, are amended to read:

SB444,7,13 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 safety and professional services. 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.

SB444,8,2 (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.

SB444,8,7 (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.

SB444, s. 2 Section 2. 20.165 (2) (j) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB444,8,19 20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a) (ap), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation account.

SB444, s. 3 Section 3. 26.09 (3) (b) 1. of the statutes is amended to read:

SB444,9,2 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.

SB444, s. 4 Section 4. 30.11 (3) of the statutes is amended to read:

SB444,9,15 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 professional land surveyor registered in this state licensed 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.

SB444, s. 5 Section 5. 30.13 (3) (a) of the statutes is amended to read:

SB444,9,24 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 professional land surveyor licensed 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.

SB444, s. 6 Section 6. 59.001 (3r) of the statutes is created to read:

SB444,10,2 59.001 (3r) "Professional land surveyor" means a professional land surveyor licensed under ch. 443.

SB444, s. 7 Section 7. 59.20 (2) (c) of the statutes is amended to read:

SB444,10,9 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.

SB444, s. 8 Section 8. 59.43 (8) of the statutes is amended to read:

SB444,10,20 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.

SB444, s. 9 Section 9. 59.45 (1) (a) 2. of the statutes is amended to read:

SB444,11,8 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.

SB444, s. 10 Section 10. 59.45 (1) (b) of the statutes is amended to read:

SB444,11,16 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.

SB444, s. 11 Section 11. 59.45 (3) of the statutes is amended to read:

SB444,11,20 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.

SB444, s. 12 Section 12. 59.46 of the statutes is amended to read:

SB444,11,25 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.

SB444, s. 13 Section 13. 59.72 (3m) (a) 4m. of the statutes is amended to read:

SB444,12,3 59.72 (3m) (a) 4m. The county surveyor or a registered professional land surveyor employed within the county.

SB444, s. 14 Section 14. 59.73 (2) of the statutes is amended to read:

SB444,12,12 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 professional land surveyor and the professional land surveyor's assistants shall not be liable as a trespasser and shall be liable only for any actual damage done to land or property.

SB444, s. 15 Section 15. 59.74 (2) (b) 1. of the statutes is amended to read:

SB444,13,5 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.

SB444, s. 16 Section 16. 59.74 (2) (c) of the statutes is amended to read:

SB444,13,13 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.

SB444, s. 17 Section 17. 59.74 (2) (g) of the statutes is amended to read:

SB444,13,17 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.

SB444, s. 18 Section 18. 59.74 (2) (h) of the statutes is amended to read:

SB444,14,8 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.

SB444, s. 19 Section 19. 59.74 (2) (j) of the statutes is amended to read:

SB444,14,12 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.

SB444, s. 20 Section 20. 59.75 of the statutes is amended to read:

SB444,14,21 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.

SB444, s. 21 Section 21. 60.84 (1) of the statutes is renumbered 60.84 (1r) and amended to read:

SB444,15,2 60.84 (1r) Survey, contract for. The town board may contract with the county surveyor or any registered 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.

SB444, s. 22 Section 22. 60.84 (1g) of the statutes is created to read:

SB444,15,5 60.84 (1g) Definition. In this section, "professional land surveyor" means a professional land surveyor licensed under ch. 443.

SB444, s. 23 Section 23. 60.84 (2) of the statutes is amended to read:

SB444,15,9 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.

SB444, s. 24 Section 24. 60.84 (3) (a) of the statutes is amended to read:

SB444,15,19 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 U.S. public land survey monument record under sub. (4).

SB444, s. 25 Section 25. 60.84 (3) (c) (intro.) and 1. of the statutes are amended to read:

SB444,15,23 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 any of the following:

SB444,16,3 1. A stone or other equally durable material, not less than 3 feet long and 6 inches square, with perpendicular, dressed sides and a square, flat top. As prescribed by the town board, the top shall be engraved with either of the following:

SB444,16,4 a. A cross formed by lines connecting the corners of the top; or.

SB444,16,6 b. If the monument is set at a section corner, the number of the section or, if set at a quarter-section corner, "1/4S"; or.

SB444, s. 26 Section 26. 60.84 (3) (c) 3. of the statutes is created to read:

SB444,16,9 60.84 (3) (c) 3. An equivalent monument agreed upon by all parties of the contract.

SB444, s. 27 Section 27. 60.84 (4) of the statutes is amended to read:

SB444,16,19 60.84 (4) Certificate U.S. public land survey monument record. The county surveyor or professional land surveyor shall prepare a certificate U.S. public land survey monument record setting forth a complete and accurate record of any survey monument erected on section and quarter section corners 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 U.S. public land survey monument record and a map of any additional monuments set shall be recorded in the office of the register of deeds of the county or filed in the office of the county surveyor in which the surveyed land is located.

SB444, s. 28 Section 28. 66.0309 (11) of the statutes is amended to read:

SB444,17,11 66.0309 (11) Matters referred to regional planning commission. The officer or public body of a local governmental unit within the region having final authority may refer to the regional planning commission, for its consideration and report, the location or acquisition of land for any of the items or facilities which that are included in the adopted regional master plan. Within 20 days after the matter is referred to the regional planning commission or a longer period as may be stipulated by the referring officer or public body, the commission shall report its recommendations to the referring officer or public body. The report and recommendations of the commission shall be advisory only. A state agency may authorize the regional planning commission with the consent of the commission to act for the agency in approving, examining, or reviewing plats, under s. 236.12 (2) (a) (ap). A regional planning commission authorized by a local unit on November 1, 1980 , to act for the local unit in approving plats may continue to so act until the commission withdraws its consent or the local unit its approval. A local unit may authorize a regional planning commission, with the consent of the commission, to conduct an advisory review of plats.