Hello,
I just heard that a developer might be plowing down an old Benchmark. I was hoping to find the correct federal statute that would help put the fear of fines into his mind to help preserve the benchmark.
PID ab7962
It is on private property and I am not sure when it was set. I believe it was by the old Mass. Geodetic Survey. FEMA used it in the 80's for an RM. NGS uses it now for a BM. And NOAA is about to use it for control for a 1st Order Tide Gauge.
Thanks
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 91--PUBLIC LANDS
Sec. 1858. Survey marks destroyed or removed
Whoever willfully destroys, defaces, changes, or removes to another
place any section corner, quarter-section corner, or meander post, on
any Government line of survey, or willfully cuts down any witness tree
or any tree blazed to mark the line of a Government survey, or willfully
defaces, changes, or removes any monument or bench mark of any
Government survey, shall be fined under this title or imprisoned not
more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 789; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 111 (Mar. 4, 1909, ch.
321, Sec. 57, 35 Stat. 1099).
Minor changes were made in phraseology.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $250''.
reference to 18 U.S. Code ?? 1858
https://www.law.cornell.edu/uscode/text/18/1858
American Surveyor article about fines
http://www.amerisurv.com/content/view/3770/153/
Data sheet:
https://www.ngs.noaa.gov/cgi-bin/ds_mark.prl?PidBox=ab7962
Geocaching logs and pictures
https://www.geocaching.com/mark/details.aspx?PID=ab7962
Although very few people get in trouble for disturbing survey monuments, Jerry Penry's article in American Surveyor linked above mentions a contractor who was warned but willfully destroyed a HARN point and had $10K withheld from his payment.
California has laws to cover this for any horizontal or vertical control, property corners, etc... not just Federal monuments.
http://law.onecle.com/california/business/8771.html
Wisconsin DOT takes a bite out of you if destroy a geodetic mark on a project that involves any of their funding.