I'm working on an article for the Footsteps Boundary Surveying Blog. In this article I want to discuss the topic of laws and regulations that dictate where land surveyors are required to place monuments when subdividing land or retracing a boundary.
Would any of you be willing to share links to or examples of state or local laws, ordinaces, or regulations about monument placement?
I would really appreciate any leads. I'd be happy to mention anyone who contributes by name in my article.
Thank you.
Landon
Louisiana:
E. Monuments. The professional land surveyor shall set monuments at all boundary or
lot corners, including points of curvature and points of tangency unless monuments already exist or cannot be set due to physical obstructions. The following guidelines apply to artificial monuments to be set.
1. All monuments set shall be composed of a durable material and shall incorporate a
ferrous material to aid in locating them by magnetic locators and, if composed of a ferrous
material, shall be a minimum of 1/2 inch outside diameter, and a minimum of 18 inches in length unless it is physically impossible to set such a monument. If rebar rods are used as survey monuments, the minimum size shall be a #4 bar.
2. Concrete monuments shall be at least 3 inches in width or diameter by 24 inches in
length, reinforced with an iron rod at least 1/4 inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
3. Marks on existing concrete, stone, or steel surface shall consist of drill holes, chisel
marks or punch marks and shall be of sufficient size, diameter or depth to be definitive, stable and readily identifiable as a survey monument. Marks on asphalt roads may consist of railroad spikes, large nails, or other permanent ferrous spikes or nail-like objects.
4. It is unacceptable to set wooden stakes as permanent boundary monuments.
5. Monuments shall be set vertically whenever possible and the top shall be reasonably
flush with the ground when practical. Monuments subject to damage from earthwork,
construction or traffic should be buried at a sufficient depth to offer protection.
6. When physically impossible to set a monument at the corner, witness or reference
monuments shall be set, preferably on each converging line at measured distances from the
corner and identified as such in the description and on the plat or map of the property.
> I'm working on an article for the Footsteps Boundary Surveying Blog. In this article I want to discuss the topic of laws and regulations that dictate where land surveyors are required to place monuments when subdividing land or retracing a boundary.
>
> Would any of you be willing to share links to or examples of state or local laws, ordinaces, or regulations about monument placement?
>
> I would really appreciate any leads. I'd be happy to mention anyone who contributes by name in my article.
>
> Thank you.
>
> Landon
For Ohio the Ohio Administrative Code (OAC) Chapter 4733-37 Standards for Boundary Surveys, rules adopted by the Board of Registration, includes 4733-37-03 Monumentation. In addition Ohio law requires each county to adopt minimum standards for conveyance of real property. While most include OAC 4733-37 by reference some adopt more restrictive requirements. The Ohio Department of Transportation (ODOT) County Conveyances page is a starting point for ODOT surveying consultants.
[msg=191358]This thread[/msg] has some discussion on the issue in KY (under the heading "KY Reference Monuments"). Here is a link to the standards. The Monumentation standards start on page 8 with the issue in question on page 9.
Mississippi:
d. All monuments, natural and artificial (man-made), found or set shall be shown and described on the survey plat. The monuments shall be noted as found or set. All monuments set shall be ferrous metal, or contain ferrous metal, not less than 1/2 inch in diameter, and not less than eighteen inches in length. All corners shall be monumented, either by a found monument clearly described on the survey plat, or by a monument set as described above, except however, a corner which falls in a creek, stream or ditch, in a gravel or asphalt road or upon solid rock, concrete or other like materials shall be marked in a permanent manner and clearly identified on the plat or witnessed by Witness Corners.
Witness Corners shall be set whenever a corner monument cannot be set or is likely to be disturbed. Such witness corners shall be set as close as practical to the true corner and shall meet the same physical standards that would be required for the true corner were it set. If only one (1) witness corner is set, it must be set on the actual boundary line or prolongation thereof. Otherwise, at least two (2) witness corners shall be set and so noted on the plat of the survey.
Courses that intersect a creek, stream, ditch or the center of a public road that is to be used as a boundary of the parcel being surveyed, should have witness corners set on the line intersecting same, and be clearly shown on the plat. Concrete right-of-way markers may be acceptable as monuments on all roadways, streets, and utility rights-of-way, and may be placed only at points where right-of-way width or direction change.
As progressive as New York is supposed to be, we do not have any legal requirements regarding monumentation on the State level. Some towns deal with it regarding monumenting subdivisions in their subdivision regulations, but many do not enforce it.
MA has the land court which requires bounds every 350' on the perimeter of the land surveyed.
From the MA Land Court Manual of Instructions
Individually the Town's, through the planning boards, may require monuments for any subdivision that requires their approval. Around me, one requires all corners and road points to be bounded, yet another right next door requires only the front corners and road points.
One town used to require that the front corners be set before a building permit would issue, but that was done away with when one local builder took to carrying a couple of broken off bounds to place near the corner for the building inspector to see. That ended when the building inspector kicked one!
IOWA
355.6 Monumentation.
1. The surveyor shall confirm the prior establishment of control monuments at each controlling corner on the boundaries of the parcel or tract of land being surveyed. If no control monuments exist, the surveyor shall place the monuments. Control monuments shall be constructed of reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa license number of the surveyor to the top of each monument which the surveyor places.
2. Control monuments shall be placed at the following locations:
a. Each corner and angle point of each lot, block, or parcel of land surveyed.
b. Each point of intersection of the outer boundary of the survey with an existing or created right-of-way line of a street, railroad, or other way.
c. Each point of curve, tangency, reversed curve, or compounded curve on each right-of-way line established.
3. If the placement of a monument required by this chapter at the prescribed location is impractical, a reference monument shall be established near the prescribed location. If a point requiring monumentation has been previously monumented, the existence of the monument shall be confirmed by the surveyor.
4. At least a minimum number of two survey control monuments are required to be placed before the recording of a subdivision provided the surveyor includes in the surveyor’s statement a declaration that additional monuments shall be placed before a date specified in the statement or within one year from the date the subdivision is recorded, whichever is earlier.
90 Acts, ch 1236, §6
C91, §114A.6
C93, §355.6
2012 Acts, ch 1009, §4
Referred to in §355.7, 355.8
Subsection 1 amended
State of New Hampshire, from LAN 500:
Lan 503.08 Monumentation Of Boundary and Subdivision Surveys.
(a) Monuments shall be set so that upon completion of the boundary and subdivision survey, each corner of the property will be physically monumented.
(b) When it is impossible or impractical to set a boundary monument on a corner, a reference monument shall be set, similar in character to a boundary monument, on the line of the survey or a prolongation of such. When an offset monument is set, it shall be clearly identified as such on the plat.
(c) Every boundary or reference monument set shall be composed of a durable material and set in a fashion to assure permanence. A permanent monument shall be any mark or marker which, if left undisturbed, will remain recoverable and identifiable, in place for a period of at least 25 years.
(d) Monuments shall include but not be limited to the following:
(1) Iron rod or iron pipe, 1/2" diameter minimum, marked with the license number or name of the surveyor;
(2) Bound made of concrete or stone, minimum 4" x 4";
(3) Drill holes or other identifiable marks in stone or concrete; or
(4) Brass or aluminum disc, 2" diameter, at a minimum.
(e) Adequate monuments shall not be disturbed. Inadequate monuments may be replaced with a well set and substantial monument. Double monuments shall be avoided whenever possible. The monument being replaced shall be noted in the field notes and on the plat, if one is prepared. When an inadequate monument is remonumented, the adjacent land owner(s) shall be notified.
Landon-
From Ontario Canada:
Surveyors Act
Loi sur les arpenteurs-géomètres
ONTARIO REGULATION 525/91
formerly under Surveys Act
MONUMENTS
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_910525_e.htm
Do note that this "Surveyors Act Regulation" (before it was amended) was under the Surveys Act, the Act that has as its purpose "How to Measure" polygons of interest
The Surveyors Act is an Act setting out "How to run a self governing licensing body".
IMVHO it would appear that in a recent run-up to the Ontario Court of Appeal on a totally different matter http://canlii.ca/t/fpfsg, it said:
"[78] As my colleagues note, to be valid, the impugned Regulations, (the “Regulations”) (1) must be consistent with the purpose of their parent legislation, (2) must be within the scope of their parent legislation, (3) must not interfere with property and commercial rights in a manner not specifically authorized by their parent legislation, and (4) must not be discriminatory in a manner not authorized by their parent legislation.
Thus, are the the Monumentation Regulations "ultra vires' in Ontario ?
YOS
DGG
ARKANSAS
See 3.2.C (MONUMENTS)
This is for all Property Boundary Surveys.
Political subdivisions (City / County) have there own requirements for SUBDIVISIONS.
DDSM:beer:
New Jersey:
Monumentation required for Subdivisions and Right of Way Maps
P.L.2011, CHAPTER 217
46:26B-3. Monumentation.
a. A map shall not be approved by a proper authority unless it meets the monumentation
requirements of this section specified for the kind of map involved. The following kinds of maps shall meet the following requirements:
(1) Subdivision plats shall meet all of the requirements of this section.
(2) Right of way parcel maps shall meet the requirements of subsection b. (9) of
this section.
b. Monuments are required on one side of the right of way only and shall be of metal
detectable durable material at least 30 inches long. The top and bottom shall be a minimum of 4 inches square; if concrete, however, it may be made of other durable metal detectable material specifically designed to be permanent, as approved by the State Board of Professional Engineers and Land Surveyors. All monuments shall include the identification of the professional land surveyor or firm. They shall be firmly set in the ground so as to be visible at the following control points; provided that in lieu of installation of the monuments, the municipality may accept bond with sufficient surety in form and amount to be determined by the governing body, conditioned upon the proper installation of the monuments on the completion of the grading of the streets and roads shown on the map.
(1) At each intersection of the outside boundary of the whole tract, with the
right-of-way line of any side of an existing street.
(2) At the intersection of the outside boundary of the whole tract with the right-
of-way line on one side of a street being established by the map under
consideration.
(3) At one corner formed by the intersection of the right-of-way lines of any two
streets at a T-type intersection.
(4) At any two corners formed by the right-of-way lines of any two streets in an
"X" or "Y" type intersection.
(5) If the right-of-way lines of two streets are connected by a curve at an
intersection, monuments shall be as stipulated in (3) and (4) of this subsection
at one of the following control points:
(a) The point of intersection of the prolongation of said lines,
(b) The point of curvature of the connecting curve,
(c) The point of tangency of the connecting curve,
(d) At the beginning and ending of all tangents on one side of any street, or
(e) At the point of compound curvature or point of reversed curvature where
either curve has a radius equal to or greater than 100 feet. Complete curve
data as indicated in subsection d. of this section shall be shown on the map,
or
(f) At intermediate points in the sidelines of a street between two adjacent
street intersections in cases where the street deflects from a straight line
or the line of sight between the adjacent intersections is obscured by a
summit or other obstructions which are impractical to remove. This requirement
may necessitate the setting of additional monuments at points not mentioned
above. Bearings and distances between the monuments or coordinate values shall
be indicated.
(6) In cases where it is impossible to set a monument at any of the above
designated points, a nearby reference monument shall be set and its relation to
the designated point shall be clearly designated on the map; or the plate on the
reference monument shall be stamped with the word "offset" and its relation to
the monument shown on the filed map.
(7) In areas where permanency of monuments may be better insured by off-setting
the monuments from the property line, the municipal engineer may authorize such
procedure; provided, that proper instrument sights may be obtained and complete
off-set data is recorded on the map.
(8) By the filing of a map in accordance with the provisions of "the map filing
law," reasonable survey access to the monuments is granted, which shall not
restrict in any way the use of the property by the landowner.
(9) On right of way parcel maps, the monuments shall be set at the points of
curvature, points of tangency, points of reverse curvature and points of compound
curvature or the control base line or center line, if used, and be intervisible
with a second monument.
(10) On minor subdivisions a monument shall be set at each intersection of an
outside boundary of the newly created lot or lots with the right of way line of
any side of an existing street.
Source: 46:23-9.11(r).
Monumentation for Surveys
New Jersey Administrative Code
Title 13, Chapter 40
State Board of Professional Engineers and Land Surveyors
13:40-5.1 Land surveyors; preparation of land surveys
(d) Appropriate comer markers, such as stakes, iron pipes, cut crosses, monuments, and such other markers as may be authorized by (d)2 below, shall be set either by the licensed land surveyor or under the supervision of the licensed land surveyor. Such markers shall be set at each property comer not previously marked by a property marker, unless the actual comer is not accessible, or unless a written waiver signed
by the ultimate user is obtained and retained for a period of six years by the surveyor performing the survey. A waiver obtained from a purchaser pursuant to this subsection shall be in the following format, or its substantial equivalent:
WAIVER AND DIRECTION NOT TO SET CORNER MARKERS
TO: __________________________________________________
(Name, address and telephone number of Land Surveyor)
FROM: _______________________________________________
(Name, address and telephone number of Purchaser)
Re: ______________________________________________________
Property (Lot & Block number, municipality or other identifier)
This is to advise that I/we have been made aware of my/our right to have corner markers set as part of a survey to be performed on property which is being purchased by me/us. That right is hereby waived and you are directed to perform the land survey without the setting of comer markers as provided by the regulation of the New Jersey Board of Professional Engineers and Land Surveyors.
____________________________
Purchaser(s)
Dated________________________
For the purpose of this section "ultimate user" shall mean, in the case of a transfer of title, the purchaser. In all instances other than the transfer of title, "ultimate user" shall mean the owner of the property. When a waiver is obtained to omit corner markers, a specific notation stating that such omissions have been made
by direction of the ultimate user shall be clearly displayed on the plat or plan of survey by the following notation or its equivalent:
Waiver of setting corner markers obtained from ultimate user pursuant to the Board of Professional Engineers and Land Surveyors regulation, NJ.A.C. 13:40-5.1(d).
This notation must relate specifically to that plat or plan of survey and may not be included as a preprinted title block, standard form, or other reproducible medium.
1. All boundary or comer markers delineating the property surveyed, found or set, must be described on the plat of survey with data provided to show their relation to the property or corner or, if appropriate, to the boundary lines. When a property comer cannot be set because of physical constraints, a witness marker shall be set and so noted upon the plat of survey.
2. Markers for property corners set by licensed surveyors, except for monuments required on Filed Maps, shall be composed of durable material and be of the minimum length practical to reasonably assure permanence, with a recommended length of 18 inches or more. These markers may include:
i. Concrete monuments;
ii. Iron pins, one-half inch O.D. or larger;
iii. Reinforcing steel bars one-half inch O.D. or larger;
iv. Iron pipes, one-half inch O.D. or larger;
v. Commercially manufactured iron or aluminum monuments;
vi. Brass discs (or similar metal), set in durable material;
vii. Nails or spikes set in durable materials;
viii. Drill holes in durable materials;
ix. Plastic stakes.
The above described marker requirements do not apply to intermediate points set on line or for random traverse points.
3. In all cases listed in (d)2 above, including monuments set in accordance with the map filing law, the marker shall be identified with a durable cap, disc, or shiner, etc., bearing the name of the surveyor or firm responsible for setting the comer.
4. All markers set pursuant to (d)2 above shall be detectable with conventional instruments used to find ferrous or magnetic objects.
5. Paragraph 2 of subsection (d) does not apply to individual condominium units where same are composed totally of buildings.
Placement of Marks QLD, Australia
Page 78 of http://www.icsm.gov.au/publications/sp1/sp1v1-7.pdf for QLD, Australia guidelines.
Kansas:
MONUMENTATION
Unless specifically excluded by agreement with the client, the surveyor shall establish, or confirm the prior establishment of, permanent monuments at each and every corner on the boundaries of the parcel or tract of land being surveyed. In such cases where the placement of a required monument at its proper location is impractical, it shall be permissible to set a reference monument close by the point, and if such reference monument is set, its location shall be properly shown on the plat of survey. When conditions warrant setting a reference monument on an offset, the location shall be selected so the reference monument lies on a line of the survey or on the prolongation of such line. Reference monuments shall not be offset in fractional feet or less than two feet from the true corner unless a physical obstruction affects their location. Even half meter offsets may be utilized for surveys requiring metric measurements. Set monuments, when possible, shall be constructed of material capable of being detected by commonly used magnetic locators. Where practical, said monuments shall be firm and substantially free from movement. These monuments shall have affixed thereto a cap or other device bearing the registration number of the surveyor in direct supervision or the corporate registration number of the corporation registered to practice land surveying in the State of Kansas (i.e. CLS 000) or the name of the governmental agency legibly stamped or imprinted thereon. Unless extenuating circumstances dictate, the minimum size monument shall be an iron pipe not less than ½" O.D. or a solid steel rod not less than ½" in diameter, and minimum length shall be 24 inches.
Pennsylvania Code:
SECTION 6 – MONUMENTATION
6.1 Monumentation
The placement of boundary markers distinguishes boundary surveying from all other forms of surveying and makes land surveyors professionals in their own right – a fact that is recognized by statute.
a) Setting
1) Boundary corner markers should
A) whenever possible, be composed of ferrous or other material detectable by an electromagnetic locator, of substantial length and width, and
B) be placed solidly, to minimize the likelihood of disturbance.
2) Boundary corner markers should be set
A) in sufficient number to make the boundary apparent to anyone that has reason to know its location, and
B) in a manner consistent with the rules of construction (boundary analysis).
b) Identification
1) Markers found or set should be conspicuous to anyone that has reason to look for them, and identified as boundary markers.
2) The practitioner who placed the markers should be identifiable by inspection of the markers in the field.
Commentary:
6.1 This subsection is not meant to apply to natural markers, such as trees, streams, and roads, or to previously set markers. Nor is it meant to be applied to surveys that do not require the placement of corner markers, such as mortgage/inspection surveys, title surveys, or permit-related surveys. It is incumbent upon the surveyor to know the various requirements regarding monumentation.
6.1(a)(1) This section does not obligate the practitioner to replace existing markers that may be damaged or disturbed, although their replacement is advisable.
6.1(a)(1)(A) The composition, length and width of markers is determined either tacitly by common practice in a given area, or noted in writing by ordinances and other specifications , and should be appropriate to the circumstances.
6.1(a)(2)(A) This includes adjoiners and other land surveyors, in addition to the land owner, unless the client requests otherwise for reasons of prudence or safety. Reference markers or ties to permanent structures are advisable for easy retracement.
6.1(a)(2)(B) Rules of construction, sometimes taken to be rules of law or rules of evidence, form the backbone of the land surveyors’ practice. In general, rules of construction are rules for clarifying the intent or meaning of a document. In surveying, they are rules for resolving ambiguities in legal descriptions and inconsistencies in monumentation. Mostly they specify superiority: record monuments over undocumented monuments, physical monuments over measurements, and direction over distance; provided, however, that their application does not violate the evident intent of the conveyance or lead to absurd consequences.
6.1(b)(1) Prudence and safety must also be considered in making any markers conspicuous. The client should be notified of differences between use and record lines before making them obvious to anyone else.
6.1(b)(2) A metal or plastic cap with the surveyor’s name and license number (or other means of identification as they become available) will meet this standard.
This is a copy and paste from the Pa. Manual of Practice.
MINNESOTA:
The following, MN Stats. 505.02, controls monumentation for subdivision plats:
"Durable iron monuments shall be set at all angle and curve points on the outside boundary lines of the plat and also at all block and lot corners and at all intermediate points on the block and lot lines indicating changes of direction in the lines and witness corners. The plat shall indicate that all monuments have been set or will be set within one year after recording, or sooner as specified by the approving local governmental unit."
Another statute requires the surveyor's registration number on all set monuments, and forbids removal of found monuments.
There is no state requirement for monuments on boundary surveys.
Thank you for all of the postings. I'll review the information you've shared in preparation for my article!
Thanks again! I really appreciate you taking the time to post a response.
Landon
MEMO- The Pennsylvania Manual of Practice was published by the Pennsylvania Society of Land Surveyors and is NOT State Law or a State Code
It's all we have. The standard of practice is up to you and me as professionals to figure out. We are left to use our best judgement.