Surveying, Mapping and GIS

To follow on to my previous post, "Epic Battles: GIS versus Land Surveying?" I have compiled this list of Land Surveying Practice Acts. These are state laws, which govern the practice of land surveying within each jurisdiction, and which define what each jurisdiction views as work to be performed by licensed land surveyors.

• Alabama


• Alaska


• Arizona


• Arkansas


• California


• Colorado


• Connecticut


• Delaware


• Florida


• Georgia


• Hawaii


• Idaho


• Illinois


• Indiana


• Iowa


• Kansas


• Kentucky


• Louisiana


• Maine


• Maryland


• Massachusetts


• Michigan


• Minnesota


• Mississippi


• Missouri


• Montana


• Nebraska


• Nevada


• New Hampshire


• New Jersey


• New Mexico


• New York


• North Carolina


• North Dakota


• Ohio


• Oklahoma


• Oregon


• Pennsylvania


• Rhode Island


• South Carolina


• South Dakota


• Tennessee


• Texas


• Utah


• Vermont


• Virginia


• Washington


• West Virginia


• Wisconsin


• Wyoming

As I posted previously, Alabama House Bill 333 strives to allow unlicensed individuals to perform surveying in rural areas - however, quite often it's rural areas which have significant cadastral disputes, problems with records and field evidence, and so on - which all the more require professional expertise and judgement from a knowledgeable land surveyor.

To provide some additional background, the Press-Register in Alabama provides a few details on the dispute - evidently an unlicensed, retired individual with a background as a Process Engineer was seeking to offer surveying services, and was reprimanded by the Alabama licensure board. Claims have been raised that it's "impossible to get licensed" and "impossible to pay a reasonable amount" to have a surveyor retrace the boundary or help resolve disputes.

These are countered by this analysis by Greg Spies, in the following points sent out to ASPLS:

House Bill 333

1. This bill is a slap in the face of everyone who is licensed or in the process of obtaining their license;

2. Evidently this bill was introduced for the sole benefit of an individual who is not a member of the surveying profession in Alabama; this individual, a retired engineer, allegedly, has been reported to the BOL for surveying without a license;

3. HB 333 is a retaliatory bill and places the interests of one individual (who allegedly has been surveying without a license) over the interests of every surveyor in Alabama who followed the legal procedure as defined by the Code of Alabama (1975, as amended) when they obtained their license;

4. HB 333 will set the practice of surveying back 100 years or more; it eliminates professionalism in surveying;

5. HB 333 was drafted without any input or notice from the surveying profession;

6. No licensed surveyor in the State of Alabama supports this bill.

7. The concept of a less educated, less experienced person being allowed to "survey" as a "rural surveyor" is ludicrous, to wit:

a.) rural areas in Alabama comprise approximately 90% of the geographical area of the state;

b.) 90% + of our major interstate and state highways traverse rural areas;

c.) rural areas are mostly more difficult to survey than urbanized areas in that there are fewer recent recorded subdivisions in near vicinity;

d.) surveyors are required to retrace older township plats generated during the U.S. Public Land Survey- these plats are 150 - 200 years old; the physical evidence generated during the original surveys is either lost, obliterated or difficult to find (i.e., the monuments set the bearing trees called for, etc.);

e.) prior surveys (c. 1850-1950) in rural areas were generally poorly done by so-called "rural surveyors" (e.g., non-professional surveyors, engineers, land owners, farmers, etc.) who had little if no experience and education in the art & science of surveying which has caused innumerable problems that must be dealt with by the surveyor of today;

f.) if "rural surveyors" as defined by HB 333 are allowed to practice in Alabama an increase in boundary disputes and subsequent litigation will occur; most boundary disputes and litigation occurring today is because of under-educated and under-experienced "surveyors" having determined the location of a boundary by using poor methods and extremely poor professional judgment and protocol;

g.) Elevation certificates and land title surveys require a knowledgeable and experienced professional surveyor to gather the requisite data for FEMA and the Land Title professionals; These specialized types of surveys require a surveyor to be able to accurately determine difference in elevation relative to a particular datum and require a surveyor who is trained to evaluate the record evidence as it affects a property he is surveying; the "rural surveyor" would not have the skill, experience or knowledge to accomplish these complex types of surveys;

Some have said that it takes too long to find a surveyor in certain parts of Alabama; This is true and the profession needs to address this issue and provide assistance to those counties that have no resident licensed surveyors; We should identify these areas in the vicinity of our practice and periodically offer our services in those areas;

Some have said that the cost of surveying a cotton field or a pasture is too great compared to the value of the land;

It makes absolutely no sense, however, to lower the standards of the profession of surveying for the sake of expediency and expense. Surveyors generally are some of the lowest paid professionals who work within the State.

The surveying profession has steadily sought to raise the bar of the profession over the past 80 years; the legislature passed a bill that was signed into law by the governor in 1996 that requires a four year surveying degree and an additional four years of experience under a licensed surveyor for an individual to apply to take the test to obtain his license; This method of obtaining a license to survey in Alabama supercedes an apprenticeship method that required 8 years of experience under a licensed surveyor to take the test; the window to obtain a license by the former method closed Dec. 31st, 2007.

Interestingly HB 333 was filed just a few weeks after this window closed.

What we need is a bill to strengthen the penalties for someone who surveys without a license. We do not need this "dumb down bill" that would gut the existing laws on the books related to surveying;

Tell your legislators to stop HB 333 from seeing the light of day; this bill needs to be seen for what it is- a veiled attempt to assist a constituent who has broken the law.

Finally back home, after spending a week on the road for a few meetings around the country, including the NCEES Uniform Procedures and Legislative Guidelines committee meeting, to which I was recently appointed, to discuss the 5-year review of the NCEES Model Law and Rules and other associated charges, and a couple of days at the Pennsylvania Surveyors Conference.

Amazingly, during the course of one week, US Airways managed to lose one of my bags not once, but twice, on my way down to Florida and then on the way back. The bag did finally show up, but not after it took me a few trips to the store to restock on a few sundries, and not without finally arriving with a trashed wheel.


At any rate, it was a great trip, but I am happy to be home again.


The PSLS Conference was particularly enjoyable, I got to see a lot of old friends and colleagues from around the state, with a great turnout from our PSLS Pocono Chapter, as well as a few friends from the RPLS.COM message board, a few folks from PAMAGIC, and there were a bunch of great sessions to attend...

The sessions I attended:

• Introduction to FEMA National Flood Insurance, presented by Wendy Lathrop PLS, CFM - this was a great session, giving an overview of the DFIRM flood maps and data, versus Q3, discussion of the zones and base flood elevations and processes for submitting map amendments, for working with instances of fill and development within a flood zone, and other associated issues - will post more on FEMA, "Map Modernization" and the DFIRM process in the very near future, as it raises a huge, longstanding concern of mine regarding DFIRM data. Umm, on second thought, NO, I won't post more on my issues and concerns on DFIRMs and MapMod - at least until AFTER the upcoming RFP response...
  
  

  Surveyors use floodplain maps to identify flood-prone areas of sites and to determine the extent of those hazards. We will look at how first Housing and
  Urban Development (HUD) and later the Federal Emergency Management Agency (FEMA) began mapping flood hazard areas, how the process has changed over the years, and the surveyor’s role in updating and correcting those maps. Regulations and use of the appropriate forms provide practical background when serving our clients and protecting ourselves from liability

• Records Research, presented by Lionel "Buck" Alexander PLS & Charles Colony PE PLS - this was a great session on cadastral research and locating legal records from a variety of sources, not just deed books, but registers of wills, orphans' court, road dockets, and many other sources.
  
  

  This workshop will cover how a deed research is started and completed. It will look at indexing systems, reading and interpreting deeds for chain of title, and the use of plats and plans in deed research, wills, estates, and tax sales as related to deed research will be discussed.

• Survey Measurement Analysis, presented by Chuck Ghilani, Ph.D. - this one featured analysis and propagation of error, and adjustment of error via least squares.
  
  

  This workshop will present and demonstrate the basic statistical analysis necessary to perform least squares adjustments. It will describe methods for
  analyzing and adjusting measurements to account for their errors. This workshop seeks to furnish theoretical understanding and demonstrate computer-aided application to common survey types including level networks, horizontal survey measurement networks, and GPS baseline networks.

• Easements and Rights of Way, presented by Gary Kent - this session gave a great overview of some of the legal aspects of easements and rights-of-way, in how easements and rights-of-way can be formed either through written or unwritten means (such as by necessity), along with case law and other great info.
  
  

  This workshop has the overall objective of helping surveyors more fully understand the types, elements and nature of easements, both written and
  unwritten. Specific performance objectives include improving participants'
  knowledge base such that after attending this workshop, they are able to: define what is an easement, outline the various types of easements, explain the difference between appurtenant easements and easements in gross, explain the difference between an easement and a license, identify the ways in which easements can be created and terminated, identify the types of unwritten easements and explain the nature of each type of unwritten easement.

• Dendrology & Forest Ecology, presented by Tim Pierson Ph.D. & Ken Comstock PLS
  This session provided a great overview of forestry - types of trees, mensuration and valuation of trees, forest growth and sustainability and history of Pennsylvania's forests and forest stewardship.
  
  

  Tree identification and understanding of the uses and values of our timber heritage. Also, the study of forest growth and the relationship of trees to our environment, and to our work as surveyors.

After hearing some recent trials and tribulations of a surveyor arguing a legal lot line adjustment with the county GIS department (same story repeated again and again all across the nation), it again underscores the issue of what is or isn't cadastral GIS.

In Pennsylvania, our State Law says,

“Practice of Land Surveying” means the practice of that branch of the profession of engineering which involves the location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any road right-ofway, easement or alignment; the use of principles of land surveying, determination of the position of any monument or reference point which marks a property line boundary, or corner setting, resetting or replacing any such monument or individual point including the writing of deed descriptions; procuring or offering to procure land surveying work for himself or others; managing or conducting as managers, proprietors or agent any place of business from which land surveying work is solicited, performed, or practiced; the performance of the foregoing acts and services being prohibited to persons who are not granted certificates of registration under this act as a professional land surveyor unless exempt under other provisions of this act.

I was amazed to see the articles in the news about the border fence debacle, where construction evidently went full-tilt along the US-Mexico border to construct a fence to prevent illegal immigration, following 120-year-old barbed wire strands, and without any apparent proper surveying research, and construction stakeout.

Evidently there are legal monuments spaced along the border, tall metal or concrete markers managed by the International Boundary and Water Commission, jointly operated by the US and Mexican government, but in constructing the fence, they evidently failed to do their due dilligence, and in fact the fence was revealed to be encroaching into Mexican territory. Certainly historic fence lines can have some meaning and significance as boundary evidence and as lines of possession in certain circumstances, but in this circumstance, particularly where an international boundary is concerned, I am frankly disturbed that proper survey work went by the wayside.

The MAPPS lawsuit, to clarify provisions of the Brooks act, as they pertain to geospatial, mapping and surveying activities has been postponed from this Friday to 2/9, per Adena Shutzberg at Directions Magazine - it will be interesting to see how this all pans out.

A battle is imminent, with several professional societies challenging the Federal Government on whether the Brooks Act should apply to geospatial contracting efforts.

A trial is scheduled for February 2nd, Private Photogrammetric Surveyors (MAPPS), American Society of Civil Engineers (ASCE), National Society of Professional Engineers (NSPE) and Council on Federal Procurement of Architectural and Engineering Services (COFPAES) v. United States of America - to provide definition and clarity and to look toward Qualifications-Based Selection (QBS) in mapping procurements.

Directions Magazine provides their perspective on the issue, and drew my attention. MAPPS provides a page discussing the background and legal history.

The outcome should prove interesting - many issues have been simmering with regard to state and federal definitions of surveying and mapping, particularly as technologies have continued to evolve. I have my own unique perspective, as a geospatial practitioner, as a licensed professional, and as a member of a state licensing board - and these perspectives are in some ways in great harmony, largely in support of Qualifications-based Selection, however also in some ways in dissonance with QBS, as mere fact of licensure may not qualify one to perform the work. As a regulatory body, the State Registration Boards' duty is to ensure protection of the public - and in many ways, lack of adherence to the Brooks Act has skirted this. However, many state laws are similarly overbroad, and/or antiquated.