SB394: Bill Text

SB394,73 Section 73. 236.21 (1) (b) of the statutes is renumbered 236.21 (1) (b) 1. and amended to read:

SB394,33,16 236.21 (1) (b) 1. A Except as provided in subd. 2., a clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range, and county and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of the section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the subdivision is located.

SB394,33,24 2. If the land is located shown in a recorded subdivision or plat, recorded addition thereto, the land shall be described by the number or other description of the lot, block or subdivision thereof, to a recorded subdivision plat, or recorded certified survey map that has previously been tied to a corner marked and established by the U.S. public land survey the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.

SB394,74 Section 74. 236.21 (1) (d) of the statutes is amended to read:

SB394,34,3 236.21 (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.

SB394,75 Section 75. 236.25 (2) (a) of the statutes is amended to read:

SB394,34,10 236.25 (2) (a) It is a permanent nonfading black image on durable white media that is 22 inches wide by 30 inches long or on other media that is acceptable to the register of deeds, complies with the requirements of s. 59.43 (2m) (b) 4., and bears a department certification of no objection. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals;

SB394,76 Section 76. 236.25 (2) (c) of the statutes is amended to read:

SB394,34,13 236.25 (2) (c) The plat shows on its face all the certificates and affidavits required by ss. 236.21 and 236.12 (4) (3) and 236.21;

SB394,77 Section 77. 236.25 (2) (d) of the statutes is amended to read:

SB394,34,17 236.25 (2) (d) The plat shows on its face the approval of all bodies required by s. 236.10 to approve or the certificate of the clerk that the plat is deemed approved under s. 236.11 (2) (a).

SB394,78 Section 78. 236.32 (except 236.32 (title)) of the statutes is renumbered 236.32 (1m), and 236.32 (1m) (intro.), (a) and (c), as renumbered, are amended to read:

SB394,34,21 236.32 (1m) (intro.) Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations:

SB394,34,23 (a) Any owner, professional land surveyor, or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.

SB394,35,3 (c) Fails Any person who fails to replace properly any monuments which that have been removed or disturbed when ordered to do so by the governing body of the municipality or county in which the subdivision is located.

SB394,79 Section 79. 236.32 (2m) of the statutes is created to read:

SB394,35,6 236.32 (2m) Each monument to which a violation under sub. (1m) applies constitutes a separate violation.

SB394,80 Section 80. 236.34 (1) (a) of the statutes is amended to read:

SB394,35,10 236.34 (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.

SB394,81 Section 81. 236.34 (1) (b) of the statutes is amended to read:

SB394,35,13 236.34 (1) (b) All corners shall be monumented in accordance with s. 236.15 (1) (ac), (c), (d), and (g).

SB394,82 Section 82. 236.34 (1) (c) of the statutes is amended to read:

SB394,36,3 236.34 (1) (c) The map shall be prepared in accordance with s. ss. 236.16 (4) and 236.20 (2) (a), (b), (c), (e), (f), (g), (h), (i), (j), (k), and (L) and (3) (b), (d), and (e) at a graphic scale of not more than 500 feet to an inch, which shall be shown on each sheet showing layout features. The map shall be prepared with a binding margin 1.5 inches wide and a 0.5 inch margin on all other sides on durable white media that is 8 1/2 inches wide by 14 inches long, or on other media that is acceptable to the register of deeds, with a permanent nonfading black image. When more than one sheet is used for any map, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the map and showing the relationship of that sheet to the other sheets. "CERTIFIED SURVEY MAP" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range and county noted. Seals or signatures reproduced on images complying with this paragraph shall be given the force and effect of original signatures and seals.

SB394,83 Section 83. 236.34 (1) (d) (intro.) of the statutes is amended to read:

SB394,36,7 236.34 (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:

SB394,84 Section 84. 236.34 (1) (d) 1. of the statutes is amended to read:

SB394,36,10 236.34 (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.

SB394,85 Section 85. 236.34 (1) (d) 2. of the statutes is amended to read:

SB394,36,25 236.34 (1) (d) 2. A clear and concise description of the land surveyed, divided, and mapped by government lot, recorded private claim, quarter-quarter section, section, township, range and county; and by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section that is not the center of a section, or commencing with a monument at the end of a boundary line of a recorded private claim or federal reservation in which the land is located; or if. If, however, the land is located shown in a recorded subdivision or plat, recorded addition to a recorded subdivision, then by the number or other description of the lot, block or subdivision, which plat, or recorded certified survey map that has previously been tied to a corner marked and established by the U.S. public land survey the monumented line of a quarter section, government lot, recorded private claim, or federal reservation in which the land is located, the land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof.

SB394,86 Section 86. 236.34 (1) (d) 4. of the statutes is amended to read:

SB394,37,4 236.34 (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.

SB394,87 Section 87. 236.34 (1) (e) of the statutes is amended to read:

SB394,37,12 236.34 (1) (e) A certified survey map may be used for dedication of streets and other public areas, and for granting easements to the public or any person, society, or corporation marked or noted on the map, when owners' certificates and mortgagees' certificates which are in substantially the same form as required by s. 236.21 (2) (a) have been executed and the city council or village or town board involved have approved such dedication or grant. Approval and recording of such certified surveys shall have the force and effect provided by s. 236.29.

SB394,88 Section 88. 236.34 (2) (b) 1. of the statutes is amended to read:

SB394,37,16 236.34 (2) (b) 1. The certified survey map is offered for record within 6 12 months after the date of the last approval of the map and within 24 36 months after the date of the first approval of the map.

SB394,89 Section 89. 236.34 (4) of the statutes is created to read:

SB394,37,21 236.34 (4) Vacation. A certified survey map may be vacated by the circuit court of the county in which the parcels of land are located in the same manner and with like effect as provided in ss. 236.40 to 236.44, except that application for vacation of the certified survey map may be made by any of the following:

SB394,37,23 (a) The owner of any lot or outlot in the land that is the subject of the certified survey map.

SB394,37,25 (b) The county board if the county has acquired an interest by tax deed in any lot or outlot in the land that is the subject of the certified survey map.

SB394,90 Section 90. 293.37 (2) (a) of the statutes is amended to read:

SB394,38,19 293.37 (2) (a) A mining plan, including a description and a detailed map of the proposed mining site drawn to a scale approved by the department. Aerial photographs may be accepted if the photographs show the details to the satisfaction of the department. The map, plan, or photograph shall be prepared and certified by a competent engineer, licensed professional surveyor , or other person approved by the department, and shall show the boundaries of the area of land which will be affected,; the drainage area above and below the area,; the location and names of all streams, roads, railroads, pipelines, and utility lines on or within 1,000 feet of the site,; the name of the owner or owners of the site,; the name of the city, village, or town in which the site is located; and the name of any other city, village, or town if within 3 miles of the site. The map or photograph shall be accompanied by descriptive data as required by the department, including but not limited to the soil conservation service soil capabilities classifications of the affected area, the anticipated geometry of the excavation, the estimated total production of tailings produced, the nature and depth of the overburden, the elevation of the water table, and such other information about the geology of the deposit as the department, after consultation with the geological and natural history survey, finds is necessary to evaluate the applicant's mining plan and reclamation plan.

SB394,91 Section 91. 295.48 (1) (intro.) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:

SB394,39,2 295.48 (1) General. (intro.) An applicant for a mining permit shall submit as part of the application a mining plan that includes a description of the proposed mining site and either a detailed map drawn to a scale approved by the department or aerial photographs, if the photographs show the details to the satisfaction of the department, prepared and certified by a competent engineer, licensed professional surveyor, or other person approved by the department that show all of the following:

SB394,92 Section 92. 440.03 (13) (b) 34. of the statutes is amended to read:

SB394,39,4 440.03 (13) (b) 34. Land surveyor, professional.

SB394,93 Section 93. 440.08 (2) (a) 39. of the statutes is amended to read:

SB394,39,7 440.08 (2) (a) 39. Land surveyor, professional: February 1 of each even-numbered year.

SB394,94 Section 94. Chapter 443 (title) of the statutes is amended to read:

SB394,39,9 CHAPTER 443

SB394,39,14 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND professional LAND SURVEYORS

SB394,95 Section 95. 443.01 (1m) of the statutes is created to read:

SB394,39,20 443.01 (1m) "Construction surveying" means surveying or mapping that is performed in support of infrastructure design, in support of improvements related to private and public boundary lines, or in support of construction layout or historic preservation, and establishing any postconstruction documentation related to that surveying or mapping.

SB394,96 Section 96. 443.01 (3) of the statutes is amended to read:

SB394,39,24 443.01 (3) "Examining board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors.

SB394,97 Section 97. 443.01 (3b) of the statutes is created to read:

SB394,40,2 443.01 (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.

SB394,98 Section 98. 443.01 (3r) (c) of the statutes is amended to read:

SB394,40,5 443.01 (3r) (c) Professional services performed by a registered professional land surveyor or by a person who has in effect a permit under s. 443.06 (3).

SB394,99 Section 99. 443.01 (4) of the statutes is repealed.

SB394,100 Section 100. 443.01 (6s) of the statutes is created to read:

SB394,40,9 443.01 (6s) "Practice of professional land surveying" means any of the following:

SB394,40,12 (a) Any service comprising the establishment or reestablishment of the boundaries of one or more tracts of land or the boundaries of any of the following interests in real property:

SB394,40,13 1. The alignment and rights-of-way of roads or streets.

SB394,40,14 2. Air or subsurface property rights.

SB394,40,15 3. Public or private easements.

SB394,40,17 (b) Designing or coordinating designs for the purpose of platting or subdividing land into smaller tracts.

SB394,40,22 (c) Placing, replacing, restoring, or perpetuating monuments in or on the ground to evidence the location of a point that is necessary to establish 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 par. (a).

SB394,40,25 (d) Preparing maps that depict any interest in real property identified in par. (a) for the purpose of establishing the boundaries of any such interest in real property.

SB394,41,1 (e) Preparing any of the following:

SB394,41,3 1. 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.

SB394,41,4 2. An assessor's plat under s. 70.27.

SB394,41,5 3. A map or plat of cemetery lands under s. 157.07.

SB394,41,7 4. A subdivision plat, certified survey map, or correction instrument under ch. 236.

SB394,41,8 5. A condominium plat or correction instrument under ch. 703.

SB394,41,9 6. A project and time-share property plat under s. 707.215.

SB394,41,11 (f) Performing construction surveying or geodetic surveying in connection with any of the practices specified in pars. (a) to (e).

SB394,101 Section 101. 443.01 (7m) of the statutes is created to read:

SB394,41,16 443.01 (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 under this chapter to engage in the practice of professional land surveying.

SB394,102 Section 102. 443.02 (4) of the statutes is amended to read:

SB394,41,23 443.02 (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 permit to practice license under this chapter to engage in the practice of professional land surveying.

SB394,103 Section 103. 443.06 (title) of the statutes is amended to read:

SB394,42,2 443.06 (title) Registration Licensure requirements for professional land surveyors.

SB394,104 Section 104. 443.06 (1) (title) of the statutes is amended to read:

SB394,42,4 443.06 (1) (title) Registration Licensure, application, qualifying experience.

SB394,105 Section 105. 443.06 (1) (a) of the statutes is amended to read:

SB394,42,16 443.06 (1) (a) Application for registration as a land surveyor or a permit license to engage in the practice of professional land surveying shall be made to the professional land surveyor section of the examining board under oath, on forms provided by the department, which shall require the applicant to submit such information as the professional land surveyor section of the examining board deems necessary. The professional land surveyor 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 granted a permit license 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).

SB394,106 Section 106. 443.06 (1) (b) of the statutes is amended to read:

SB394,43,2 443.06 (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 professional land surveyor section, may be considered as equivalent to one-half year of qualifying experience.

SB394,107 Section 107. 443.06 (2) (intro.) of the statutes is amended to read: