State regulated practices

what is the proposed legislation?

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Long story short, the protected practices of these items in California, construction staking in particular, has been under assault by contractors.?ÿ As such there is an effort by a consortium of surveying groups to try and address the item in a legislative manner.?ÿ A number of proposed changes to the statutes have been put forward by this group, but it would be premature to discuss any specific language proposals in a public forum yet.?ÿ Generally the discussion on specific statute changes?ÿcenters on whether the current B&P code is clear and enforceable or if not, how it can be improved to better protect these statutorily protected practices.

As with any proper debate, I would like to bring to the table discussion on deregulation of these items considering that is already happening due to technological advances.?ÿ Knowing the magnitude of how these practices are protected or not on a national level would be valuable in considering this on a construction industry wide basis.

Don't you practice in Arizona also Peter??ÿ Are these practices protected there?

thanks in advance,

I practiced in Az. for only a short time... that was ten years ago. I don't believe Topo or Staking was protected.

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I was just reading through the Arizona statutes a couple days ago and the way I interpreted it anything involving measurements,?ÿfield notes and a map is protected.

clearcut, your question is very pertinent.?ÿ However, I would really suggest that whomever is proposing or reviewing this proposed legislation seek answers to your questions from the licensing boards in the various states if you truly wish to obtain an accurate assessment of what is regulated or not regulated.?ÿ No disrespect intended to any of licensed surveyors out there, but that is where the legislature will look to in obtaining this same information.

Texas

Elevations or topo shown as related to boundary

License required

Arizona: Boundary, topographical and construction surveying requires a license.

@clearcut here is a link to a resource which has the statutes for each state that I believe is what you are asking for

http://www.lapels.com/docs/Laws_and_Rules/Board_Rules_updated_072017.pdf

Here is what is on the books for Louisiana, any aerial data acquired and related to boundaries must be under the involvement and certification of a PLS, any aerial data acquired pertaining to any measurements or quantification must be under the involvement or certification of a PE - this wording is my paraphrase of these laws as stated in the above link which I provide for your reference. The actual statutes are thus...

1. Surveying and mapping functions which do not require the establishment of the relationship of property ownership boundaries must be performed by or under the responsible charge of either a professional engineer or a professional land surveyor. Such surveying and mapping functions include:
2. surveys of servitudes (easements) and rights of way;
3. surveys of leases;

?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ iii.?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ topographical surveys;

1. surveys for record drawing;
2. layout surveys for construction;
3. hydrographic surveys;

?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ vii.?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ mine surveys;

?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ viii.?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ mapping;

1. ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ geodetic surveys;
2. ?ÿ ?ÿ ?ÿ cartographic surveys;
3. ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ horizontal and vertical control surveys;

?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ xii.?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ quantity and measurement surveys;

?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ xiii.?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ profiles and cross-sections;

?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ xiv.?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ site grading plans.

1. Professional services which require the application of engineering principles and the interpretation of engineering data must be performed by or under the responsible charge of a professional engineer.

Responsible Chargeƒ??defined in R.S. 37:682. It shall mean the direct control and personal supervision of engineering or land surveying service or work, as the case may be.

Sealƒ??a symbol, image, or list of information that may be found in the form of a rubber stamp, computer generated data, or other form found acceptable to the board this is applied or attached to the document in a manner consistent with the board rules on use of seals.

Signatureƒ??handwritten or digital as follows:

1. a handwritten message identification containing the name of the person who applied it; or
2. a digital representation of a person's handwritten signature.

Under the Responsible Charge of a Professional Engineerƒ??as it applies in R.S. 37:701(C) only, shall mean:

1. the work performed by a professional engineer, duly licensed under the provisions of this Chapter; or
2. the work reviewed and approved by a professional engineer, duly licensed under the provisions of this Chapter, who is authorized to direct changes to the engineering work; or
3. the work performed in accordance with a system of engineering practices approved by a professional engineer, duly licensed under the provisions of this Chapter.

As a licensed drone pilot living in Louisiana, any and or all of my work in this area must involve a professional certification and by extension the way I read it this will require all of my deliverables to have some sort of ground control points and or many tie points within the images once stitched so as to provide accurate photogrammetric representation. This is whether or not that my work is used to show boundary associated information, due to the enhanced accuracy of a PLS provided known point(s) of reference. I am interested in any other interpretations for my better understanding. For example using the Stockpile Reports application for road material pile quantification, such as the Texas DOT has been doing for a couple of years now with common field workers using an Apple phone and two traffic cones 25ft apart, would not be allowed here in Louisiana without being under the responsible charge of a PE or PLS.

Link didn't work.?ÿ Try

https://www.lapels.com/docs/Laws_and_Rules/Board_Rules_updated_032018.pdf

NC?ÿdefines topographic mapping, horizontal and vertical control surveys, and construction staking as being land surveying protected practices with the caveat that engineers can perform topo surveys if using control set by a PLS.?ÿ Right now the NC Board is aggressively pursuing drone mapping operators who sell their services without the oversight of a PLS or licensed Photogrammetrist.?ÿ NC also requires a PLS stamp on GIS projects if any of the features being located cross boundary lines (ie sewer, water, electric, gas).?ÿ?ÿ

While I'm not generally inclined to support the expansion of regulation, engineers and GIS professionals tend to have little to no understanding of error propagation or vertical and horizontal datums.?ÿ?ÿ