The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is within the Department of Consumer Affairs, and requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under the act. Among other things, the act requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified.

This bill would instead require a land surveyor, when using a monument or corner accessory with a physical condition that is less than permanent and durable as control in any survey, to reconstruct or rehabilitate the monument or corner accessory to a permanent condition, as specified.

The Professional Land Surveyors Act provides for the licensure and regulation of land surveyors by the Board for Professional Engineers, Land Surveyors, and Geologists, which is within the Department of Consumer Affairs, and requires any person practicing, or offering to practice, land surveying in the state to submit evidence that they are qualified to practice and to be licensed under the act. Among other things, the act requires a land surveyor, when filing a corner record with the county surveyor or engineer of the county where the corner is situated, to ensure a corner accessory or monument is reconstructed or rehabilitated so that it remains permanently fixed, as specified.

This bill would instead require a land surveyor, when using a monument or corner accessory with a physical condition that is less than permanent and durable as control in any survey, to reconstruct or rehabilitate the monument or corner accessory to a permanent condition, as specified.

ASSEMBLY THIRD READING

ATR Bill Id:AB 3176

Author:(Hoover)

As Amended Ver:April 17, 2024

Majority vote

SUMMARY

Requires licensed land surveyors to restore or rehabilitate any monument or corner accessory that is used as part of a survey to a permanent condition so that it may be referenced and used in the future.

Major Provisions

Requires that, in every case where a survey monument is found in a physical condition that is less than permanent or durable, the licensed land surveyor or civil engineer reconstruct or rehabilitate the monument to be in as permanent a state as reasonably possible for all future use.

COMMENTS

As part of their duties of establishing and maintaining accurate property boundaries and corner records, land surveyors will mark or place "monuments" — also sometimes called "property markers" — to define the location of private or public property lines. Typical monuments are metal disks placed into the ground or otherwise permanently affixed to the land along the property boundary. Survey monuments must include the certificate number of the surveyor, engineer, or public agency that set it. Monuments are also often imprinted with relevant information, including the name of the surveyor or agency and the date the monument was placed, though this is not required by law.

Under current law, a land surveyor is required to restore or rehabilitate a degraded monument they come across on the field, but only in the instance that they are performing a survey for purposes of establishing or verifying a corner record in a county. According to the sponsors, this limits the ability for land surveyors to repair monuments they come across during other types of surveys, and can lead to difficulty and increased costs to accurately survey areas over time if monuments that are in disrepair continue to degrade. As such, this measure would require that land surveyors restore any monument that is used as part of any survey, not just corner records, to ensure the monuments are in a "permanent" state as to be located for future use.

Amendments taken by the author in the Business and Professions Committee addressed concerns raised by the Board of Professional Engineers, Land Surveyors and Geologists (BPELSG). BPELSG staff has indicated it will recommend removing opposition to the bill during their May board meeting.

According to the Author

"This bill is an opportunity to better serve our communities though the work land surveyors do to assess public and private property. Not only will it ensure that property lines are appropriately marked, but it has the potential to save our communities long term costs associated with reestablishing boundaries."

Arguments in Support

This bill is sponsored by the California Land Surveyors Association (CLSA). According to CLSA: "In surveying, monuments are fundamental to defining boundaries as they define the location of private or public property lines. These monuments come in many forms but are often represented by a small tack in a metal plug in concrete. If a monument has been removed, damaged, or altered, the landowner my face excessive costs to pay for the reestablishment of the boundary by a professional land surveyor. Thus, preservation of monuments is critical to the future accuracy and costs of land surveying"

Arguments in Opposition

None on file.

FISCAL COMMENTS

No fiscal effect.

VOTES

ASM BUSINESS AND PROFESSIONS: 18-0-0

YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Grayson, Irwin, Jackson, Ward, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur

UPDATED

VERSION: April 17, 2024

CONSULTANT: Edward Franco / B. & P. / (916) 319-3301 FN: 0002752

Date of Hearing: April 16, 2024

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 3176

Author:(Hoover) – As Introduced Ver:February 16, 2024

SUBJECT: Professional land surveyors: surveying practices: monuments and corner accessories.

SUMMARY: Requires licensed land surveyors to restore or rehabilitate any monument or corner accessory that is used as part of a survey to a permanent condition so that it may be referenced and used in the future.

EXISTING LAW:

1. Provides for the licensure and regulation of land surveyors by the Board of Professional Engineers, Land Surveyors and Geologists (BPELSG) within the Department of Consumer Affairs (DCA) under the Professional Land Surveyor’s Act (Act). (Business and Professions Code (BPC) §§ 8700 et seq.)
2. Establishes various activities that, either in a public or private capacity, constitute the practice of land surveying, including but not limited to:
   1. Locating, relocating, establishing, reestablishing, or retracing the alignment or elevation for any of the fixed works embraced within the practice of civil engineering.
   2. Determining the configuration or contour of the earth’s surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry.
   3. Locating, relocating, establishing, reestablishing, or retracing any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries.
   4. Making any survey for the subdivision or resubdivision of any tract of land.
   5. Determining the position for any monument or reference point that marks a property line, boundary, or corner, or setting, resetting, or replacing any monument or reference point.

(BPC § 8726)

1. Authorizes a licensed land surveyor to perform land planning in connection with the land surveying activities authorized under the Act. (BPC § 8761.2)
2. Authorizes licensed land surveyors and registered civil engineers to administer and certify oaths when:
   1. It becomes necessary to take testimony for the identification or establishment of old, lost or obliterated corners;
   2. A corner or monument is found in a perishable condition, and it appears desirable that evidence concerning it be perpetuated; or
   3. The importance of the survey makes it desirable to administer an oath to his assistants for the faithful performance of their duty.

(BPC § 8760)

1. Authorizes land surveyors, after making a field survey in conformity with their practice, to file a record of survey with the county surveyor in the county in which the field survey was made, and specifies certain instances in which this report filing is mandatory. (BPC § 8762)
2. Mandates that the record of survey shall, among other applicable activities, demonstrate all monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto. (BPC § 8764(a)(1))
3. Mandates that monuments shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed, to ensure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey. (BPC § 8771(a))
4. Mandates that a permanent monument shall be reset in the surface of new construction or otherwise set to perpetuate the location if any monument could be destroyed, damaged, covered disturbed or otherwise obliterated, and that a corner record or record of survey shall be filed with the county surveyor prior to the recording of a certificate of completion for the project. (BPC § 8771(c))
5. Requires survey monuments to be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceded by the letters “L.S.” or “R.C.E.,” respectively, or shall be marked with the name of the public agency that set it. (BPC § 8772)
6. Mandates that a person authorized to practice land surveying in California shall complete, sign, stamp, and file a “corner record” with the county surveyor in the county where the corners are situated, defined as a written record of corner establishment or restoration pursuant to the Survey of the Public Lands of the United States published by the federal Bureau of Land Management, as well as every accessory to such corner. (BPC § 8773(a))
7. Clarifies that any person authorized to practice land surveying may file a corner record for any property corners, property controlling corners, reference monuments, or accessories to a property corner. (BPC § 8773)
8. Mandates that, when conducting a corner record, the licensed land surveyor or registered civil engineer shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the monument shall be left by them in as permanent a condition as reasonably possible for future use. (BPC § 8773.3)

THIS BILL:

1. Requires that, in every case where a survey monument or corner accessory is found in a physical condition that is less than permanent or durable, the licensed land surveyor or civil engineer reconstruct or rehabilitate the monument to be in as permanent a state as reasonably possible for all future use.

FISCAL EFFECT: None.

COMMENTS:

Purpose. This bill is sponsored by the California Land Surveyors Association. According to the author:

This bill is an opportunity to better serve our communities though the work land surveyors do to assess public and private property. Not only will it ensure that property lines are appropriately marked, but it has the potential to save our communities long term costs associated with reestablishing boundaries.

Background. Land surveyors are an important part of civil administration, land development and property law. Land surveyors establish and update property boundary lines, ensure property boundaries are accurate, aid in creating maps, and provide information regarding topography and geographic features that is critical to construction and civil engineering projects. Land surveyors work with, or sometimes directly for, state and local governments, and can also provide mapping and property information for private entities as well.

The Public Land Survey System. Developed by the Land Ordinance of 1785 under the direction of Thomas Jefferson, the Public Land Survey System (PLSS) was first developed to divide and map out land ceded to the United States following the Revolutionary War. Since then, the PLSS has been the primary method of subdividing, describing, and making available for sale land that is ceded or acquired by the United States. As such, not every state is included in the PLSS —such as the original thirteen colonies, Texas, and others — but California is. Land surveyed under the PLSS is divided by state, principle meridian, township, range, and section, with further subdivisions thereafter. Importantly, the corners of each township are marked upon surveillance; early surveyors would mark corners with makeshift physical markers or noted by natural characteristics (i.e. a nearby tree or body of water), while modern technology allows surveyors to set monuments in corners, as further described below. The US Bureau of Land Management continues to maintain and update the PLSS, and as such routinely resurveys and reestablishes corner records.

Survey monuments. As part of their duties of establishing and maintaining accurate property boundaries and corner records, land surveyors will mark or place “monuments” — also sometimes called “property markers” — to define the location of private or public property lines. Typical monuments are metal disks placed into the ground or otherwise permanently affixed to the land along the property boundary. Survey monuments must include the certificate number of the surveyor, engineer, or public agency that set it. Monuments are also often imprinted with relevant information, including the name of the surveyor or agency and the date the monument was placed, though this is not required by law.

Under current law, a land surveyor is required to restore or rehabilitate a degraded monument they come across on the field, but only in the instance that they are performing a survey for purposes of establishing or verifying a corner record in a county. According to the sponsors, this limits the ability for land surveyors to repair monuments they come across during other types of surveys, and can lead to difficulty and increased costs to accurately survey areas over time if monuments that are in disrepair continue to degrade. As such, this measure would require that land surveyors restore any monument that is used as part of any survey, not just corner records, to ensure the monuments are in a “permanent” state as to be located for future use.

Current Related Legislation.

AB 3253 (Committee on Business and Professions) is the sunset bill for the Board for Professional Engineers, Land Surveyors, and Geologists.

Prior Related Legislation.

SB 1120 (Jones), Chapter 302, Statutes of 2022 required applicants, licensees, and certificate holders to provide the BPELSG with a valid email address, if available, and notify the BPELSG of any email address changes; clarified that unlicensed individuals cannot offer professional engineering and land surveying services; and updated certain land survey requirements.

AB 1522 (Low), Chapter 630, Statutes of 2019 extended the sunset date for the BPELSG and its authority to appoint an executive officer until January 1, 2024; authorized the BPELSG to take enforcement actions against a geologist-in-training certificate; continued disciplinary authority; and made other technical and clarifying changes.

SB 920 (Cannella), Chapter 150, Statutes of 2018 extended the authorization for licensed engineers, land surveyors, and architects to form limited liability partnerships until January 1, 2026.

ARGUMENTS IN SUPPORT:

This bill is sponsored by the California Land Surveyors Association (CLSA). According to CLSA: “In surveying, monuments are fundamental to defining boundaries as they define the location of private or public property lines. These monuments come in many forms but are often represented by a small tack in a metal plug in concrete. If a monument has been removed, damaged, or altered, the landowner my face excessive costs to pay for the reestablishment of the boundary by a professional land surveyor. Thus, preservation of monuments is critical to the future accuracy and costs of land surveying”

ARGUMENTS IN OPPOSITION:

In an “Oppose unless amended” letter submitted to the bill author and this committee, the Board of Professional Engineers, Land Surveyors and Geologists (BPELSG) writes: “While the Board generally agrees with this policy issue, the Board does have some concerns with the inclusion of corner accessories and with the use of the terms “permanent” and “durable.””

IMPLEMENTATION ISSUES:

In a letter addressed to the author and committee, the BPELSG notes that while they are supportive of the policy intent of this bill, they have technical concern regarding the use of “accessory” in the current language. Specifically, corner accessories are often adjacent physical characteristics to the corner, such as nearby boulders, trees, bodies of water, or other natural descriptor. As such, the requirement to restore accessory to a “permanent” and “durable” state is impractical. The author should amend the bill to clarify that only monuments must be rehabilitated or restored.

AMENDMENTS:

In order to address technical concerns raised by the BPELSG, amend the bill as follows:

On page 2 after line 2:

In every case where a monument or corner record is filed pursuant to Section 8773, accessory is found with a physical condition that is less than permanent and durable, the licensed land surveyor or registered civil engineer using that monument or corner accessory as control in any survey shall reconstruct or rehabilitate the monument of such corner, and accessories to such or corner, so that the same shall be left by him them in such physical condition that it remains as permanent a monument or corner accessory as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future.

REGISTERED SUPPORT:

California Land Surveyors Association (Sponsor)

REGISTERED OPPOSITION:

Board of Professional Engineers, Land Surveyors, and Geologists (Unless Amended)

Analysis Prepared by: Edward Franco / B. & P. / (916) 319-3301