State
o
f Wisconsin
Examining Board
o
f Architects, Landscape Architects, Professional Engineers, Designers
a
nd Land Surveyors
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
ORDER OF
THE
XAMINING
BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,
PROFESSIONAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
ADOPTING RULES
(CLEARINGHOUSE
RULE 15
-040
)
ORDER
An order of t
he Examining Board of
Architects
, Landscape Architects, Professional Engineers, Designers, and
Professional
Land Surveyors
to
repeal A-E 7.01 (2) (d) and (e); to amend A-E 7.01
(intro.),
(2) (a)
and (2) (c)
, 7.06
(1),
(2), (3), and (5), 7.07, and 7.08
,
(1)
(intro.)
, (1) (c), (3) (e) and (g); to repeal and recreate A-E 7.02, 7.03, 7.04, and 7.05
; and to create A-E 7.025
relating
to
practice, conduct, and continuing education
.
Analysis prepared by the Department of
Safety and Professional Services
.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss.
15.08 (5) (b)
, and
227.11 (2) (a)
, Stats, the
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and
Professional
Land Surveyors is generally
empowered
to promulgate rules that will provide guidance within the profession and interpret the statutes it enforces or administers.
Section
443.015 (2)
,
Stats.,
allows each section
to draft rules that govern the
professional
conduct of licensees
under its
authority
.
These proposed
rules
address the conduct of professional land surveyors in the
creation of
minimum
standards for
property surveys
.
Therefore, the Examining Board of
Architects
, Landscape
Architects
, Professional Engineers, Designers, and
Professional
Land Surveyors is au
thorized both generally and speci
fically to promulgate these proposed rules.
Related statute or rule:
Wisconsin Administrative Code
Chapter
A-E 7
Plain language analysis:
This proposed rule seeks to clarify various provisions
of Wisconsin
Administrative Code Chapter
A-E 7
, which sets forth the minimum standards of
professional
land surveyor’s
practice and to
resolve inconsistencies
between the rules in
ch
apter
A-E 7 and current practice
within the profession. This
rule will
identify
the information that should be included in maps and reports regarding the legal description
s
of property surveyed.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
The Minimum Standards o
f Practice for
professional
land surveyors
identifies the types of surveys
professional
land surveyors may conduct
such as a
boundary
survey, condominium survey,
subdivision survey
, mortgage inspection, and topographic survey
. It also lists the required information that
should be found o
n
the
plat (map)
. The minimum standards are binding on e
very
professional
land surveyor in the state except in the case of federal, state or local laws that may be more stringent
.
When
special conditions
exist, it
must be noted on the plat
(68 Ill Admin Code 1270.56)
.
Iowa
:
The Minimum Standards for
Property
Surveys for land
professional
surveyors
found in the Iowa Code are
very
similar to the current
Wisconsin
rules.
It covers the same topics
as the
Wisconsin
rules
such as scope, definition, boundary location, descriptions
,
maps, measurements
,
and monuments
and nearly
mirrors
the
language. The
scope of the rules
encompasses
each professional land surveyor
and
all
of the
property surveys performed in the state
,
except those done for acquisition plats
(Iowa Admin. Code r. 193C-11.1)
.
Michigan
:
Michigan
does not set forth
minimum standards
for property surveys. Instead,
M
ichigan Administrative Code
requires
professional
land surveyors to
draft complete and accurate plats, plans, drawings
,
and specifications. The information contained on a survey must include the following: “a drawing that i
ncludes
the graphical and numerical scale used, a north arrow, identification of all government corners and related witnesses, a description in compliance with state statute, [and a] statement of the manner of bearing determination
.
”
(Mich. Admin. Code r.
339.17403
)
.
Minnesota:
Minnesota
does not set forth
a minimum standard
for property surveys in a manner similar to
Illinois
and Iowa. Instead, Minnesota identifies
the requirements for
plats (ma
ps)
, and
covers such
topics
as boundaries, mathematical data, easements and water boundaries.
The statut
e further
require
s
professional
land surveyors t
o certify that they
have surveyed a
property or directly supervised a person who
surveyed
the property (Minn. Stat. s.
505.021
)
.
Summary of factual data and analytical methodologies:
The Professional Land Surveyor Section
reviewed and updated the
minimum survey
standards. Adjacent states’ statutes and administrative rules were also reviewed. The
Section
ensures the accuracy, integrity, objectivity and consistency of data was used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule was
posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days.
No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business
:
These proposed rules do not have a negative economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Jeffrey.Weigand
@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Dale Kleven
, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151,
P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-4472; email at
Dale2.Kleven
@wisconsin.gov
.
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TEXT OF RULE
Section
1
.
A-E 7.01
(intro),
(2) (a)
, and (2) (c)
are
amended to read:
A-E 7.01
The
professional
land surveyor and his or her client
or employer
may agree in a signed statement to exclude any land surveying work from the requirements of this chapter except the preparation of a U.S. public land survey monument record and a map of work performed
unless there is an existing map and a survey report is filed in lieu of a map
. The map prepared by the
professional
land surveyor for the client
or employer
shall include:
(2)
(
a
)
A note which states that an agreement to exclude work from the requirements of this chapter has been made
and a list of those exclusions
and the names of the parties making the agreement
along with the signature of each party
.
(2)
(c)
The difference between the sum of the individual measured angles and the theoretical sum, and the difference between the sum of the total measured angles and the theoretical sum
The relative positional accuracy in decimal feet
, if the minimum
positional
accuracy established by s.
A-E 7.06 (3)
has been waived.
Section
2
.
A-E 7.01 (2) (d) and (e) are repealed.
Section
3
.
A-E 7.02
is
repealed and recreated to read:
A-E
7.02
Definitions
.
For the purposes of this chapter:
(1)
“Practice of professional land surveying” has the meaning given in s.
443.01 (6s)
, Stats.
(2)
“Relative positional accuracy
” means
the length of the semi
-major axis, expressed in feet or meters, of the error ellipse representing the
uncertainty
due to random errors in
measurements
in the location of the monument, or witness, marking any corner of the surveyed property at the 95 percent confidence level, 2 standard deviations; and is estimated by the results of a correctly weighted least squares
adjustment
of the survey.
(3)
“Survey report” means
a report that may be prepared w
hen there is an existing map recorde
d or filed within the last 6 years
and no new monuments
are established in the survey.
Section 4
.
A-E 7.025 is created to read:
A-E
7.025
Survey
report, requirements.
A survey report as defined in A-E 7.02 (3), shall include the purpose of the survey, information concerning the documents that were examined for the survey, the measurements that were made to verify the
locations of the monuments found, and a copy of the map that was recorded or filed. The survey report shall be in compliance with all sections of this chapter except ss.
A-E 7.05 (1)
,
(2)
,
(3)
and
(4)
.
Section 5
.
A-E 7.03, 7.04, and 7.06
are repealed and recreated to read:
7.03
Boundary
location.
Every property survey shall be made in accordance with the records of the re
gister of deeds as nearly as
practicable. The
professional land
surveyor shall acquire data necessary to retrace record title boundaries such as
U.S. Public Land Survey Monument Records,
deeds,
surveys,
maps, certificates of title
,
highway,
and center line
or right-of-
way lines
,
and other boundary line locations.
The
professional land surveyor shall make
field measurements
necessary for the location
of the parcel and shall
analyze
the data and make a careful determination of the position of the boundaries of the
parcel
being surveyed.
The
professional land
surveyor shall set monuments marking the corners of the parcel unless monuments already exist at the corners
.
7.04
Descriptions
.
Descriptions
defining land boundaries created by a
professional
land surveyor for conveyance or to more accurately
delineate land boundaries
, or for other purposes shall be complete, providing unequivocal identification of lines or boundaries. The description shall contain necessary references to
adjoiners
together with data and
dimensions
sufficient to enable the description to be mapped and retraced and shall describe the land surveyed by government lot, recorded private claim, quarter-
quarter
section, section, township, range and county.
The forms of descriptions of property shall be one of the following:
(1)
By metes and bounds commencing with a
monument
at a section
corner or quarter section corner of the quarte
r
section
in which that land is located
or a monument established by the U.S Public Land Survey
that it 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 land is located.
Descriptions shall meet the requirements in s.
A-E 7.06 (3)
.
(2)
By
l
and
boundaries
being surveyed as
a platted lot or
outlot
in a recorded subdivision or recorded addition to a recorded subdivision, the lots or
outlots
in that plat shall be described by the name of the plat and the lot or
outlot
and the blo
ck in the plat for all purposes
.
(3)
By land boundari
es being surveyed as
an existing lot,
outlot
or parcel, on a recorded certified survey map, the survey shall be
described
by lot,
outlot
or parcel number and certified map number for all
purposes
.
(4)
By the parcel described as an
aliquot
part of a section
from the public land system
.
7.05
Maps
.
A map shall be drawn for every property survey, unless a survey report is
filed as provided in A-E 7.02 (3
), showing information developed by the survey. The map shall:
(1)
Be drawn on media with the minimu
m
size of 8 ½ x 11 inches
and to a commonly accepted scale which shall be clearly stated and graphically illustrated by a bar scale on each map sheet containing a graphical depiction of the survey
unless otherwise required by law
.
(2)
Be referenced as provided in s.
59.73 (1)
,
Stats.
,
along with a north arrow and reference to a
monumen
t
ed
line.
(3)
Show the length and bearing of the boundaries of the parcels surveyed.
Bearings, angles, and distances on any property survey map shall be in accordance with s.
A-E 7.06 (5)
.
Where the boundary lines show bearings, lengths or locations which vary from those recorded in deeds, abutting plats, or other instruments, there
shall
be the following note placed along such line, “recorded as (show recorded
bearing
, length or location)”. Curve data shall be shown by any 3 of the following: central angle, radius, long chord bearing and length, and arc length.
(4)
Describe all monuments used for determining the location of the parcel boundary and show by bearing and distance their relationship to the surveyed parcel. All monuments shall be indicated by whether such monuments were found or set including a description of the monument with a legend for all symbols and abbreviations used on the map.
(5)
Show observed evidence of possession or use by others in the parcel or across any perimeter line of the property.
(6)
Show surveyed parcel bounded by w
ater or inaccessible areas, the
part shall be enclosed by a meander line showing complete data along all lines extending beyond the enclosure. The true boundary shall be clearly indicated on the map.
(7)
Identify the professional land surveyor’s name and address, the person or
entity
for
whom
the survey was m
ade, completion date of the fiel
d work, and description of the parcel as provided in s.
A-E 7.04
.
(8)
Bear the stamp or seal, name and address and signature of the professional land surveyor under whose direction and control the survey was made with a statement certifying that the survey co
mplies with this chapter and is
correct to the best of the professional land surveyor’s knowledge and belief.
(9)
Be filed as required by s.
59.45 (1)
, Stat., on media
,
or electronically if acceptable by the county.
(10)
Identify boundary lines on the survey. Boundary lines shall be clearly differentiated from other lines on the map.
(11)
Coordinate
values when shown on the face of the map they shall comply with and be subject to the provisions of s.
236.18
,
Stats.,
and include coordinate system, datum and adjustment.
Section
6
.
A-E 7.06
(1),
(2), (3),
and (5),
and 7.07
are
amended to read:
A-
E
7.06
(1)
Measurements shall be made with instruments and methods capable of attaining the required accuracy for the particular
problem
circumstances
involved.
(2)
The
minimum accuracy of linear measurements between points shall be
the larger of 2/100ths of a foot or
better than
1 part in 3,000 on all
property
lines of
boundary or interior
the
survey.
(3)
In a closed traverse the sum of the measured angles shall agree with the theoretical sum by a difference not greater than 30 seconds per angle, or the sum of the total angles may not differ from the theoretical sum by more than 120 seconds, whichever is smaller.
The maximum allowab
le
deviation in
relative positional accuracy
for
a
survey is plus or minus 0.07 foo
t
plus 50 parts per million, based on the direct distance between the two corners being tested.
I
n certain circumstances, the size or configuration of the
surveyed
property, or the relief, vegetation or improvements on the surveyed property will result in survey measurements for which the maximum allowable relative positional
precision
may be exceeded
at the discretion of the licensee performing the survey. The licensee shall provide justification for exceeding the maximum allowable relative positional accuracy.
(5)
Bearings or angles on any property survey map shall be shown
to
at
least
the nearest 30 seconds. Distances shall be shown to the nearest 1/100th foot.
A-E
7.07
Monuments
.
The type and position of monuments to be set on any survey shall be
according to s.
236.15 (1)
, Stats., unless
determined by the nature of the survey, the permanency required, the nature of the terrain, the cadastral features involved, and the availability of material.
Coordinate values are not acceptable in lieu of monuments.
Section
7
.
A-E 7.08
,
(1)
(intro.)
, (1) (c), and (3) (e) and (g) are amended to read:
A-E 7.08
(1)
When
monument record required
.
A U.S. public land survey monument record shall be prepared and filed with the county
surveyor's offic
e
survey records
as part of any land survey
within 60 days of setting or accepting the corner
which includes or requires the perpetuation, restoration,
reestablishment
or use of a U.S
. public land survey corner
,
and
when
any of the following situations
arise
:
(1)
(c
)
The
witness ties or U.S. public land survey monument referenced in an existing U.S. public land survey monument record have been destroyed or disturbed
,
except where the witness ties and the U.S. public land survey monument referenced in an existing U.S. public land survey monument record have been found and verified and a note stating this has been placed on the property survey
.
(3) (
e
)
A description of any material discrepancy between the location of the corner
monument
as restored
or reestablished
and the
monument
location of that corner as previously
restored or reestablished
established
.
(3)
(
g
)
Whether the corner was
reestablished
determined
through lost-corner-proportionate methods.
Section
8
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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